A federal judge is considering ruling out the death penalty for Zacarias Moussaoui, who was last year convicted of conspiring with the September 11 plotters, after it emerged that a government lawyer held “improper communications” with witnesses.

Judge Leonie Brinkema adjourned the trial until Wednesday after she learned that a government lawyer had emailed opening statements to the witnesses, in breach of the court’s rules. At a special hearing on Tuesday, she will hear from the witnesses and the Transportation Security Administration lawyer who contacted them, to help her decide whether to throw out the government’s case for the death penalty.