Fell's lawyer, Alexander Bunin, called the ruling a landmark decision that could jeopardize cases against every defendant facing the death penalty, including that of Sept. 11 conspiracy suspect Zacarias Moussaoui.
"It's huge," Bunin
says."Every district judge who has a federal death penalty case is going to read this decision. ...This could affect every case that has been charged, at least until Congress fixes it."
Federal prosecutors in Vermont and elsewhere have responded to the recent supreme court ruling by taking cases back to grand juries to consider whether the defendants should get the death penalty if convicted.