Edition: U.S. / Global

A NATION CHALLENGED: THE SUSPECTS; Court TV Is Denied Request To Broadcast a Terror Trial

Published: January 19, 2002

A federal judge today rejected a cable television network's request to broadcast the trial of Zacarias Moussaoui, who the authorities say was meant to be the 20th hijacker on Sept. 11 and is the only person charged in the attacks.

In her ruling, Judge Leonie M. Brinkema of Federal District Court cited procedural and security reasons for denying the request by Court TV, which had asked her to overturn a ban on television broadcasts of federal criminal trials.

''The court has no discretion to disregard the present ban on the photographing and broadcasting of federal criminal proceedings,'' Judge Brinkema wrote in her order.

Justice Department lawyers had argued that an exception to the rules prohibiting televised trials could endanger the judge, jurors, witnesses and court security personnel.

The judge seemed particularly concerned about potential security problems. ''Given the issues raised in the indictment, any societal benefits from photographing and broadcasting these proceedings are heavily outweighed by the significant dangers worldwide broadcasting of this trial would pose to the orderly and secure administration of justice,'' the judge said in her order.

Henry S. Schleiff, chairman of Court TV, said that the network had not decided whether to appeal.

''She said that her hands are bound by the current law and she does not see any basis to challenge on a constitutional basis,'' Mr. Schleiff said. He added that the judge appeared to accept the network's contention that broadcasting rules should be decided by Congress.

Mr. Moussaoui is scheduled to go on trial in Alexandria, Va., in October. He was indicted on Dec. 11 on six counts of conspiracy, four of which carry a maximum sentence of death. Judge Brinkema set a March 29 deadline for prosecutors to decide whether to seek the death penalty.

The indictment accused Mr. Moussaoui of conspiring with the Sept. 11 hijackers, saying that he engaged in the same activities as the hijackers, like visiting a training camp in Afghanistan run by Al Qaeda and enrolling in flight training.

The indictment said Mr. Moussaoui had received thousands of dollars from a man in Germany, Ramzi Muhammad Abdullah bin al-Shibh, who is believed to have served as a paymaster for at least one of the hijackers and shared an apartment with Mohamed Atta, who the authorities believe was the plot's ringleader.

Edward MacMahon Jr., a lawyer for Mr. Moussaoui, told the judge at a hearing two weeks ago that his client did not object to broadcasting the trial, with some restrictions, saying it would provide a ''layer of fairness'' that would protect Mr. Moussaoui's rights.

Lee Levine, a lawyer for Court TV, had argued that the broadcasting ban was unconstitutional and said that all members of the public had a right to observe the proceedings.

In a case involving another man suspected of ties to Al Qaeda, Richard C. Reid, who is accused of trying to blow up a transatlantic flight last month by igniting explosives in his shoes, pleaded not guilty today in federal court in Boston.

In an indictment handed up on Wednesday, Mr. Reid was charged with nine counts, including attempted murder, attempted use of a weapon of mass destruction and placing an explosive device on an aircraft.

The indictment also said that Mr. Reid, a 28-year-old British citizen, had trained in Al Qaeda camps in Afghanistan.

Five of the charges against Mr. Reid carry a life sentence, three carry sentences of 20 years, and the remaining charge carries a sentence of 15 years.

''Not guilty,'' he answered softly when asked to enter a plea.

Mr. Reid looked down during much of the brief hearing, occasionally reading a copy of the indictment one of his lawyers held. The lawyer, Tamar Birckhead, a federal public defender, questioned the last count of the indictment, which charges Mr. Reid with ''attempted wrecking of a mass transportation vehicle'' under a law enacted after Sept. 11.

Ms. Birckhead told Magistrate Judith Dein, sitting in Federal District Court, that the law referred only to the actual wrecking of a mass transportation vehicle, not an attempted wrecking. Ms. Birckhead also said that the American Airlines 767 aircraft was not a ''mass transportation vehicle,'' saying that phrase referred only to subways, buses, ferries and other forms of urban mass transit.

After the hearing, the United States attorney, Michael J. Sullivan, said the government was confident that the charge was applicable. Mr. Sullivan said it criminalized attempts at wrecking vehicles, adding, ''I don't see why Congress would make it a criminal act on a train and not a criminal act on a plane.''

Mr. Reid's lawyers did not answer questions today. In a statement, they said, ''We note that the indictment does not allege that any of the crimes charged were committed on behalf of, or to further the cause of, Al Qaeda or any other terrorist organization.''

Asked about that statement, Mr. Sullivan declined to indicate whether investigators believe Mr. Reid was acting at the behest of Al Qaeda.