Moussaoui can't get government's ear

ALEXANDRIA, Va. -- Zacarias Moussaoui, the man indicted as a Sept. 11 accomplice, tried to speak with prosecutors about the death penalty and classified information but they refused, the government said Thursday.

Prosecutors said they were informed of the request Tuesday by a jail official, an indication that Moussaoui -- who wants to represent himself in the case -- already is trying to do so. Moussaoui, however, cannot make that decision on his own. U.S. District Judge Leonie Brinkema said she would rule after Moussaoui, a French citizen, has a mental examination.

Moussaoui's court-appointed lawyers, who remain in the case for now, were informed of the request by government attorneys and have asked Brinkema not to allow the meeting.

The lawyers continue to file briefs on Moussaoui's behalf. They submitted a pleading Thursday contending the government misread the law by making this a death penalty case.

In a written motion, prosecutors said, "Although we believed that it would be legally permissible for us to speak with the defendant, we would not have contact ... without defense counsel present or without permission from the court."

Moussaoui shocked a court hearing Monday when he asked to represent himself, said he prayed for the destruction of the United States and Israel -- and accused his lawyers of conspiring with the government for his execution.

The government has said it would seek Moussaoui's execution if he were convicted of conspiring with the 19 hijackers.

The indictment says his activities mirrored those of the attackers, including taking flying lessons and expressing an interest in crop duster planes.

He was arrested in Minnesota when authorities became suspicious of his conduct, and was in custody on Sept. 11.

Public defender Frank Dunham Jr., still Moussaoui's lead defense lawyer, said the examination of Moussaoui should be far more extensive than the government proposed.

It must be determined whether he was thinking rationally so he could knowingly and voluntarily fire his lawyers, Dunham argued.

Prosecutors said a complete mental exam is not needed to find out whether Moussaoui was rationally able to consult with counsel and understand the proceedings against him.

"The defense apparently seeks to stretch the court's call for a competency examination into psychiatric consultation. ... This attempt should be rejected," the government said.

Dunham said Moussaoui's request to fire counsel "could be viewed as contrary to the best interests of an individual facing capital charges."

Moussaoui's lawyers said they should step down if their client was found to be thinking clearly -- objecting even to the judge's suggestion they remain as "standby" counsel.

If Moussaoui were found to be paranoid or had other mental problems, he could not possibly make such a decision knowingly and voluntarily, they said.

Meanwhile, lawyers for American-born Taliban John Walker Lindh made another bid to move his trial past the one-year anniversary of the Sept. 11 attacks.

Responding to a government request for more time to provide essential information to the defense, Lindh's lawyers proposed a three-week delay in the trial date now set for Aug. 26.

In an earlier hearing, the defense said it would be prejudicial to Lindh if the trial were under way during the anniversary.

In a separate filing, the government said 24 government employees, mostly military personnel, have agreed voluntarily to be interviewed by Lindh's attorneys. The defense had sought interviews with 77 individuals, but each person could decide whether to cooperate.

Most of them are believed to have had contact with Lindh in Afghanistan or on Navy ships. One of those sought for an interview was a barber who cut Lindh's hair, but it was not clear whether the barber consented.