- The Washington Times - Thursday, April 6, 2006

Former New York City Mayor Rudolph W. Giuliani yesterday told the jury in al Qaeda terrorist Zacarias Moussaoui’s death-penalty trial that the memory of people jumping from the World Trade Center towers on September 11, 2001, “comes to me every day.”

“I saw several people — I can’t remember how many — jumping. There were two people right near each other. It appeared to me they were holding hands,” Mr. Giuliani said during the second phase of the penalty trial. On Monday, the nine-men, three-women jury ruled that Moussaoui was eligible for the death penalty and now is trying to determine whether he deserves to die, based on the mitigating and aggravating evidence.

Mr. Giuliani, whose leadership in the aftermath of the September 11 attacks won national praise, recalled seeing a man jump from more than 80 stories to his death, but that was only the beginning — others started jumping to escape the fires that erupted when two hijacked commercial airplanes slammed into the Twin Towers.

Not wanting to believe that people were jumping from the building, Mr. Giuliani said he “froze” when he saw bodies falling from the building. He said that by the time the second plane hit, “we knew it was a terrorist attack.”

Mr. Giuliani also spoke emotionally about the daughter of one of his closest aides, Beth Petrone Hatton, whose husband, New York firefighter Terence S. Hatton, died in the World Trade Center collapse.

Capt. Hatton’s daughter “Terri’s going to grow up without a father … without a very special father,” he said. “You can’t replace that … There’s no way that money, camps and scholarships — which is very important and which we raised — can replace that.”

His emotional testimony was followed by that of retired New York firefighter Anthony Sanseviro, whose co-worker and friend Danny Suhr died after he was hit by a body falling from one of the towers.

James Smith, a 21-year New York Police Department veteran, told of his wife, Moira, also a police officer, who died as she sought to bring a woman with asthma to safety as the towers collapsed. Mr. Smith is raising a 6-year-old daughter by himself.

“Moira was a gung-ho police officer who took chances and made a lot of arrests, until Patricia was born,” he said. “She went from street narcotics to community policing. She decided that she wanted to be a mother even more than a police officer.”

Prosecutors — who have argued that Moussaoui could have prevented the attacks that killed nearly 3,000 people if he had not lied to FBI agents after his August 2001 arrest on immigration charges — braced the jurors for some of the testimony and evidence they were going to see and then played videotapes of the World Trade Center’s destruction.

Chief prosecutor Robert A. Spencer told the jurors that they also would hear from the family members of those who died in the attacks and the last words of some of those who were killed in what he called “the darkest day in recent American history.”

“It will be painful and emotional to hear, but it will be necessary,” Mr. Spencer said. “Those voices will be all you need to hear. The only punishment that fits this crime is the death penalty.”

Moussaoui, 37, a French citizen of Moroccan descent, pleaded guilty in April in a six-count indictment to conspiring with the 19 al Qaeda terrorists who crashed four hijacked jetliners into the World Trade Center, the Pentagon and a field in Pennsylvania.

On Monday, U.S. District Judge Leonie M. Brinkema ruled that the jury also can listen to the cockpit recording from Flight 93 that crashed into a field near Shanksville, Pa., killing 37 passengers and seven crew members. The tape was played privately in April 2002 for the family members of those who died in he crash. Its full contents never have been made public.

Meanwhile, construction workers near the World Trade Center have discovered 74 more bone fragments on a damaged skyscraper slated to be demolished later this year. Most of the fragments were found mixed with gravel that had been raked to the sides of the roof of the former Deutsche Bank building, which sustained extensive damage when the Twin Towers collapsed.

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