Defending Moussaoui

This is a partial transcript from "On the Record," May 4, 2006, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: Zacarias Moussaoui told the jury he was a proud to be a member of Al Qaeda and delighted in the carnage of 9/11. Joining us here in Washington is Ken Troccoli, a member of Moussaoui's defense team. Welcome, Ken.

KEN TROCCOLI, ATTORNEY FOR ZACARIAS MOUSSAOUI: Welcome.

VAN SUSTEREN: Ken, after your client was spared his life, did he thank you?

TROCCOLI: As Mike [Emanuel] reported earlier, he shouted. In fact, I think he said out loud that one of the prosecutors had lost the case, I think is the way he phrased it. I'd rather not go into what he has told us, but I can say that his behavior has been consistent throughout, and what you see in court is pretty much the way Mr. Moussaoui is.

VAN SUSTEREN: He's a very difficult client for a lawyer. At least, that's what it appeared like from the outside.

TROCCOLI: Yes.

VAN SUSTEREN: But was he able to work with you? I mean, were you able to work with him at all?

TROCCOLI: We were not. And that's one of the great challenges in this case, is that we were appointed to do a very difficult job in a case that had a lot of pain, a lot of suffering, a lot of loss for people, very emotional for the defense team, as well as everyone else who was involved. And then, on top of that, we had a client who did not want to cooperate with us in preparing a defense in a capital case.

VAN SUSTEREN: You know, it's interesting. I never think that people understand in the courtroom that even for the defense lawyer, it's extraordinarily difficult. Defense lawyer, you know, who understands — you know, feels the loss of 9/11, you know, the death, the carnage. You know, it's not easy for the defense lawyers on so many fronts.

TROCCOLI: That's true. And in our statement to the press today, we acknowledged the great loss and suffering that the families have endured since 9/11. And I can tell you that every day that we worked on this case, we were aware of that kind of pain and suffering, and we empathize with the families' loss, and our hearts go out to them.

VAN SUSTEREN: So why do you do it?

TROCCOLI: We do it because this is who we are as a people. This is who we are as a country. Our system of justice is not Al Qaeda's system of justice. And we provide even defendants charged with the most heinous offenses, like Mr. Moussaoui was, with vigorous and effective representation. And we were appointed to do that, and I believe we have done that.

VAN SUSTEREN: When you were sitting there waiting for the verdict, you know, you didn't know which way the jury was going to go, how did you feel?

TROCCOLI: Tense, obviously. A lot is at stake. This is not a petty offense, by any means. This is a man's life that's at stake here. And I didn't envy for a moment the jury's job to try to determine whether a man lives or dies. And I think we're all extremely appreciative of how the jury deliberated, how much time they took to review the evidence, and how thoughtful they were because it's a very, very difficult case to deliberate on.

VAN SUSTEREN: When did you know this his life would be spared, just when you heard it, or did you have any sense of confidence before they said anything?

TROCCOLI: Didn't have any inkling before.

VAN SUSTEREN: None at all?

TROCCOLI: None at all. I mean, I think Mike summarized it earlier, the jury was really stone-faced, and they took their deliberations very seriously.

VAN SUSTEREN: Hard to do this case?

TROCCOLI: Very hard. Very hard. Not only because of all of the classification issues and the fact that we're working in a secured environment without windows, which is why I'm so pale. For the last four years, we've been working in the basement of the courthouse, under very strict conditions. But also because of the horrors of that day just overlay everything that we do in the case.

VAN SUSTEREN: Well, constitution says he has a right to counsel. He got it. And all the other lawyers who didn't have to do the job should be grateful to you and your team that they didn't have to do the job. So thank you, Ken.

TROCCOLI: Thank you.

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