KYRA PHILLIPS, CNN ANCHOR: Now to the case of Zacarias Moussaoui, a suspected conspirator in the September 11th attacks, could new action by prosecutors make him eligible for the death penalty? Our Deborah Feyerick now joins us live to talk about that -- Deborah.</s>DEBORAH FEYERICK, CNN CORRESPONDENT: Kyra, he was already eligible for the death penalty, but after a Supreme Court decision, all of that changed. A CNN source now telling us that after lots of debate, the Justice Department has decided to file a new indictment against Zacarias Moussaoui, and the reason is because of that recent supreme court ruling, Ring vs. Arizona. That says a jury must decide whether to seek the death penalty. Maoussaoui's charge with conspiracy to commit terrorism and other charges connected to the 9-11 attacks. But in this case, it wasn't the jury who decided anything; it was the Bush administration back in March, which filed a notice of intent seeking the death penalty. Now superseding indictments are filed all the time as new evidence or information comes in. In this new indictment against Maoussaoui, prosecutors list at the back aggravating factors, what they call "special finding." In it, prosecutors say Maoussaoui new by actions people would die, and that it showed a reckless disregard for human life. All of this is what a jury is going to have to considered when they decide if Maoussaoui is going to live or dire. Now a lawyer for Maoussaoui said that this new indictment, he doesn't think that anything can be fixed just by putting in aggravating factors. He's filed to take the death penalty off of the table. Of course, this move does protect the government in the event Maoussaoui appeals, as is most inevitably the case -- Kyra.</s>PHILLIPS: All right, Deborah Feyerick, thank you. For Death Penalty>
New Action by Prosecutors Could Make Moussaoui Eligible For Death Penalty