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9/11 defendants may not face the death penalty

A local family still mourning the loss of a loved one on 9/11 is upset with a potential deal that could spare the lives of the men charged.

BUFFALO, N.Y. — A letter dated August 1, was sent to 9/11 families. 

It indicates that if the four men accused of putting together the plan for the September 11 attack accepted a plea offer, then the death penalty would be off the table.

Khalid Sheikh Mohammed and four others are being held at the U.S. Detention Center in Guantanamo Bay, Cuba.  There have been many delays in this case. 

In the letter to the families, the Department of Defense indicates "It is possible that a PTA (pre-trial agreement) in this case would remove the possibility of the death penalty at sentencing."

Attorney Paul Walier's sister, Margaret Walier Seeliger was killed on 9/11. He tells me his entire family disagrees with taking the death penalty off the table and calls it a disgrace. "I mean, after 20 years. I mean, what's the point of having a federal death penalty if you're not going to use it in a case like this? Basically, 3000 murders, so we don't understand really where they're coming from."

"We would just hope that they have, you know, under our Constitution, you know, they get their day in court. And whether it's a military tribunal or just a basically a civil, you know, a civil jury, you know, you know, have their day in court, present your evidence. And then if they're found guilty, then at the sentencing phase they, you know, they either vote on death or life in prison," he said.

The 9/11 hearings have been on hold as the military determines whether one of the defendants is competent to stand trial. Hearings are set to resume on Sept. 18.

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