Sept. 11 families ask court to pursue evidence from al-Qaida suspect

BERLIN — An attorney for families of Sept. 11 victims asked a court Friday to seek testimony from an al-Qaida suspect in Syria, saying it could lead to a stiffer sentence for a man convicted in Germany of aiding the suicide hijackers.

Mohammed Haydar Zammar, a German-Syrian dual national who is standing trial in Damascus, lived in Hamburg at the same time as lead hijacker Mohamed Atta and is alleged to have introduced him to al-Qaida leaders in Afghanistan. He also knew Mounir el Motassadeq, a Moroccan man convicted last month of involvement in the Sept. 11 plot.

Zammar, 45, now reportedly faces charges of membership in the outlawed Muslim Brotherhood group, which can be punished by execution under Syrian law.

In an eight-page petition obtained by The Associated Press, attorney Andreas Schulz, who represents some families of Sept. 11 victims, argues that the court should seek a statement from him before el Motassadeq's sentencing hearing next month, saying it could provide crucial evidence.

Sabine Westphalen, the spokeswoman for the state court in Hamburg, said the court had not yet had a chance to consider the request.

El Motassadeq, already facing seven years in prison for membership of a terrorist organization, was found guilty by an appeals court in November of an additional 246 counts of accessory to murder.

The Federal Court of Justice in Germany ruled that evidence showed the 32-year-old Moroccan was aware Atta and fellow suicide pilots Marwan al-Shehhi and Ziad Jarrah planned to hijack and crash planes, even though he might not have known the specifics of the plot.

The court sent the case back to the original trial court in Hamburg for revised sentencing. Hearings are to begin on Jan. 5 and could see his prison term extended to 15 years.

Schulz told The AP that because Zammar might be looking to avoid the death penalty by cooperating with authorities, he could be willing to give testimony that could be crucial to the el Motassadeq sentencing and the understanding of the Hamburg cell.

"Why not ask Zammar as the main recruiter about el Motassadeq's mental roots of being a plotter and abetter of the attacks?" Schulz said. "Zammar may have a strong motive to give testimony on el Motassadeq ... (and) from what I hear from sources, Zammar is being very cooperative at the moment."

Zammar was questioned by German authorities following the Sept. 11, 2001, attacks, but was freed for lack of evidence. He then traveled in October 2001 to Morocco and was captured there that December.

Germany has said U.S. officials then delivered Zammar to Syria.

After being denied access for years to Zammar, the German Foreign Ministry said in late November that a consular official had been allowed to visit him in prison and provide him ongoing legal assistance.

Schulz said the same consular official could be used to take Zammar's deposition.