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CNN Saturday Morning News

Local Prosecutors Fight Over Right to Try Snipers

Aired October 26, 2002 - 09:03   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


MILES O'BRIEN, CNN ANCHOR: Now that the sniper suspects have been charged with murder in Montgomery County, Maryland, there's major legal battles brewing. Prosecutors are squabbling over which of the jurisdictions where the shootings occurred will prosecute the case first. That's just among many of the wrinkles we're looking at right now.
From the command post in Montgomery County, Maryland, that's where we find CNN's Carol Lin. Good morning, Carol.

CAROL LIN, CNN CORRESPONDENT: Good morning, Miles.

I mean, think about the pressure, the prestige, the precedent to be set by whoever, whichever jurisdiction actually gets to try the sniper case first.

Well, yesterday there was a big meeting between all seven jurisdictions of state attorneys, they were to try to reach some sort of consensus on this. And before that meeting was even over, Maryland state's attorney Doug Gansler stepped before the microphones and the cameras to announce that Maryland, indeed, would be the first to file murder charges.

Yesterday they filed six first-degree murder charges against John Allen Muhammad and John Lee Malvo. Doug Gansler stepping before the microphones, also addressing Maryland's moratorium on the death penalty and how that might affect this case.

(BEGIN VIDEO CLIP)

DOUGLAS GANSLER, MARYLAND STATE ATTORNEY: There have been issues of the death penalty raised as well. To clarify, Virginia and Maryland have the death penalty. Both of these jurisdictions intend at this time to seek the death penalty. Maryland cannot seek the death penalty against Mr. Malvo if indeed he is a juvenile.

(END VIDEO CLIP)

LIN: Ah, but here's the crux of it. First of all, the reason why there's a moratorium here in Maryland is because the state legislature is conducting a study by the orders of the governor of Maryland to the fairness of current sentencing guidelines against death row inmates, current death row inmates. That's why Doug Gansler is saying that his prosecution of this case would not affect a death penalty ruling here.

But Maryland has only executed a handful of people since the death penalty was reinstituted back in 1976. Virginia, however, the second highest number in the country, 86 executions since 1976. As far as executing or trying a juvenile with the death penalty, Maryland cannot do it, but there is now a question as to whether John Lee Malvo is, in fact, 17 years old. Prosecutors now saying he may actually be older.

Regardless, Maryland is saying they are planning on trying both men as adults with the death penalty.

Well, the Justice Department was very swift in coming out with reaction to this announcement. They are saying that Doug Gansler, first of all, broke an agreement not to make this public announcement, and then a senior government official has told CNN, quote, "It is unfortunate he trying to exploit tragedy for political gain."

The feds are still reserving the right to actually try the first case with federal charges. Those charges have yet to be determined. But remember, these two men are being held in federal custody right here in Montgomery County. They are facing federal charges.

John Mohammed facing a weapons charge, that's only 10 years in prison and a $250,000 fine. John Lee Malvo as a juvenile right now, facing a charge as a material witness in this case, but already murder charges being filed in Montgomery County, also Montgomery, Alabama, having filed its capital murder charges against these two as well.

Now, Miles and Carol, we want to take a look at how this case is expanding. It is a long road between Tacoma, Washington, and right here in Montgomery County where the first shootings took place. Tacoma, Washington, where both once lived, and now investigators are taking a closer look at the murder of a 21-year-old woman, Kenya Cook, back in February.

A young woman in her apartment cooking dinner with her 6-month-old infant went to go to answer the door and was shot, point blank, in the face, shot and killed. It turns out she is the daughter of a former friend and a former accountant of John Allen Muhammad, a woman who actually sided with John Muhammad's ex-wife in their bitter custody battle.

So they are looking for any forensic evidence in that case to see whether they can link that shooting to John Muhammad.

Also, the FBI yesterday issued a warrant, a material witness warrant, for a man named Nathaniel Osbourne. Turns out he is the co- owner of that now infamous blue Chevy Caprice. So far, investigators are saying they only want to question him, but he is listed as the co- owner of that car, registered to his address, or his last known address, in Trenton, New Jersey.

And get this, Miles and Carol, they purchased the car apparently September 10 from a place called Sure Shot Auto in Trenton. And then when investigators went there to question them about the purchase, they asked -- the FBI's first question was, Do you think that the title of the name of the place had anything to do with the incidents in the surrounding area? And the owner said, I don't think so, but we're considering changing the name maybe to something called Friendly Auto, Miles.

O'BRIEN: And wasn't it registered the next day, September 11?

LIN: You know, I don't know that, but wouldn't that be a coincidence? It was registered shortly thereafter, so...

O'BRIEN: Yes, yes, I believe it was. So the -- I don't know. It's hard to read into that. Eventually that will come out, I suppose.

LIN: Creepy coincidences, though.

O'BRIEN: All right, Carol is just -- Yes, you got that right.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired October 26, 2002 - 09:03   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Now that the sniper suspects have been charged with murder in Montgomery County, Maryland, there's major legal battles brewing. Prosecutors are squabbling over which of the jurisdictions where the shootings occurred will prosecute the case first. That's just among many of the wrinkles we're looking at right now.
From the command post in Montgomery County, Maryland, that's where we find CNN's Carol Lin. Good morning, Carol.

CAROL LIN, CNN CORRESPONDENT: Good morning, Miles.

I mean, think about the pressure, the prestige, the precedent to be set by whoever, whichever jurisdiction actually gets to try the sniper case first.

Well, yesterday there was a big meeting between all seven jurisdictions of state attorneys, they were to try to reach some sort of consensus on this. And before that meeting was even over, Maryland state's attorney Doug Gansler stepped before the microphones and the cameras to announce that Maryland, indeed, would be the first to file murder charges.

Yesterday they filed six first-degree murder charges against John Allen Muhammad and John Lee Malvo. Doug Gansler stepping before the microphones, also addressing Maryland's moratorium on the death penalty and how that might affect this case.

(BEGIN VIDEO CLIP)

DOUGLAS GANSLER, MARYLAND STATE ATTORNEY: There have been issues of the death penalty raised as well. To clarify, Virginia and Maryland have the death penalty. Both of these jurisdictions intend at this time to seek the death penalty. Maryland cannot seek the death penalty against Mr. Malvo if indeed he is a juvenile.

(END VIDEO CLIP)

LIN: Ah, but here's the crux of it. First of all, the reason why there's a moratorium here in Maryland is because the state legislature is conducting a study by the orders of the governor of Maryland to the fairness of current sentencing guidelines against death row inmates, current death row inmates. That's why Doug Gansler is saying that his prosecution of this case would not affect a death penalty ruling here.

But Maryland has only executed a handful of people since the death penalty was reinstituted back in 1976. Virginia, however, the second highest number in the country, 86 executions since 1976. As far as executing or trying a juvenile with the death penalty, Maryland cannot do it, but there is now a question as to whether John Lee Malvo is, in fact, 17 years old. Prosecutors now saying he may actually be older.

Regardless, Maryland is saying they are planning on trying both men as adults with the death penalty.

Well, the Justice Department was very swift in coming out with reaction to this announcement. They are saying that Doug Gansler, first of all, broke an agreement not to make this public announcement, and then a senior government official has told CNN, quote, "It is unfortunate he trying to exploit tragedy for political gain."

The feds are still reserving the right to actually try the first case with federal charges. Those charges have yet to be determined. But remember, these two men are being held in federal custody right here in Montgomery County. They are facing federal charges.

John Mohammed facing a weapons charge, that's only 10 years in prison and a $250,000 fine. John Lee Malvo as a juvenile right now, facing a charge as a material witness in this case, but already murder charges being filed in Montgomery County, also Montgomery, Alabama, having filed its capital murder charges against these two as well.

Now, Miles and Carol, we want to take a look at how this case is expanding. It is a long road between Tacoma, Washington, and right here in Montgomery County where the first shootings took place. Tacoma, Washington, where both once lived, and now investigators are taking a closer look at the murder of a 21-year-old woman, Kenya Cook, back in February.

A young woman in her apartment cooking dinner with her 6-month-old infant went to go to answer the door and was shot, point blank, in the face, shot and killed. It turns out she is the daughter of a former friend and a former accountant of John Allen Muhammad, a woman who actually sided with John Muhammad's ex-wife in their bitter custody battle.

So they are looking for any forensic evidence in that case to see whether they can link that shooting to John Muhammad.

Also, the FBI yesterday issued a warrant, a material witness warrant, for a man named Nathaniel Osbourne. Turns out he is the co- owner of that now infamous blue Chevy Caprice. So far, investigators are saying they only want to question him, but he is listed as the co- owner of that car, registered to his address, or his last known address, in Trenton, New Jersey.

And get this, Miles and Carol, they purchased the car apparently September 10 from a place called Sure Shot Auto in Trenton. And then when investigators went there to question them about the purchase, they asked -- the FBI's first question was, Do you think that the title of the name of the place had anything to do with the incidents in the surrounding area? And the owner said, I don't think so, but we're considering changing the name maybe to something called Friendly Auto, Miles.

O'BRIEN: And wasn't it registered the next day, September 11?

LIN: You know, I don't know that, but wouldn't that be a coincidence? It was registered shortly thereafter, so...

O'BRIEN: Yes, yes, I believe it was. So the -- I don't know. It's hard to read into that. Eventually that will come out, I suppose.

LIN: Creepy coincidences, though.

O'BRIEN: All right, Carol is just -- Yes, you got that right.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com