Dil has trouble but i can often tell when somebody is still alive.
Seems there has been a lot of mismatching between the original lists and republished ones. The numbers kept changing.
If this were a less serious crime like ordinary murder and the judge was reviewing evidence that shows the number of victims changing and some are still alive... hmmm... perhaps that's part of the plan. Any prosecution would result in a mistrial.
Look at the date on this article... just 12 days after...
http://news.bbc.co.uk/2/hi/middle_east/1559151.stm
The last line... "FBI Director Robert Mueller acknowledged on Thursday that the identity of several of the suicide hijackers is in doubt."
But i guess they decided "Close enough, let's go with that".