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American Morning
Attorneys For Sniper Suspect Malvo Trying to Shift Blame
Aired June 26, 2003 - 07:36 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.
DARYN KAGAN, CNN ANCHOR: Another high profile legal case for you now. Attorneys for sniper suspect Lee Boyd Malvo are trying to shift blame to his older co-defendant. That's a first in this case. The lawyers are suggesting that Malvo was programmed or brainwashed by John Allen Muhammad during the shooting spree in which 10 people were killed. Malvo was 17 at the time. Muhammad was 42. Malvo is being charged as an adult.
How will this affect the cases?
We have our legal analyst Jeffrey Toobin here to talk about that -- good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Good morning.
KAGAN: So much for all for one, one for all.
TOOBIN: That's right.
KAGAN: That's out the window.
TOOBIN: Well, as in most criminal cases, the defendants wind up turning on each other, and it's happening here.
KAGAN: Because, what Malvo faces here did not seem to be apparent at the very beginning. Most of the evidence is pointing towards him as the triggerman.
TOOBIN: Well, you know, we don't know exactly for sure, because, you know, it's interesting, most of what we know about who was the triggerman comes from the discredited stories from the "New York Times" reporter...
KAGAN: Oh, that's true, from Jayson Blair.
TOOBIN: Jayson Blair.
KAGAN: So...
TOOBIN: So, I don't know exactly how much we know about what...
KAGAN: Who knows who he is?
TOOBIN: ... about what, who fired the shots. But, look, when you have a 17-year-old and a 42-year-old, it is an absolutely, you know, Law School 101 decision to try to shift some of the blame to the older guy. Whether he can do it or not is hard to say. KAGAN: But let's talk about the kind of words he's using. He cast a spell.
TOOBIN: Under the spell. That's the words in the pleading, yes.
KAGAN: That he brainwashed him. I mean how kind of -- how does that kind of defense work?
TOOBIN: It's, you know what, it doesn't generally work very well in the guilt phase of a trial. But kind of a little problem there -- there's a -- it generally doesn't work very well in the guilt phase of the trial. But I think a lot of what's going on here is laying the groundwork for the penalty phase. You know, in Virginia, a 17-year- old, someone who is 17 when they committed a crime is eligible for the death penalty. And even though under the spell, it's not like insanity. It's not a legitimate defense. It is something that a jury very well might consider when it comes to the death penalty. And I think that's what really what Malvo's lawyers quite properly are setting up.
KAGAN: Well, and for Muhammad, his lawyers seem to be saying you know what, let's let this play out in court. They don't seem to be kind of walking into this. They don't want to play this game.
TOOBIN: They're not playing this game. They may have less to work with, too. I mean in fairness to Malvo's lawyers, they're, they didn't hold a press conference or anything. It's not like they're, you know, it's not like they're Mark Geragos and company in the Laci Peterson case. This was an actual court filing that pointed out this defense.
KAGAN: So we will see how it unfolds.
TOOBIN: It tends not to work very well.
KAGAN: All right, well, we're watching it anyway.
Jeffrey Toobin, thank you for that.
TOOBIN: See you.
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 June 26, 2003 - 07:36 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Another high profile legal case for you now. Attorneys for sniper suspect Lee Boyd Malvo are trying to shift blame to his older co-defendant. That's a first in this case. The lawyers are suggesting that Malvo was programmed or brainwashed by John Allen Muhammad during the shooting spree in which 10 people were killed. Malvo was 17 at the time. Muhammad was 42. Malvo is being charged as an adult.
How will this affect the cases?
We have our legal analyst Jeffrey Toobin here to talk about that -- good morning.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Good morning.
KAGAN: So much for all for one, one for all.
TOOBIN: That's right.
KAGAN: That's out the window.
TOOBIN: Well, as in most criminal cases, the defendants wind up turning on each other, and it's happening here.
KAGAN: Because, what Malvo faces here did not seem to be apparent at the very beginning. Most of the evidence is pointing towards him as the triggerman.
TOOBIN: Well, you know, we don't know exactly for sure, because, you know, it's interesting, most of what we know about who was the triggerman comes from the discredited stories from the "New York Times" reporter...
KAGAN: Oh, that's true, from Jayson Blair.
TOOBIN: Jayson Blair.
KAGAN: So...
TOOBIN: So, I don't know exactly how much we know about what...
KAGAN: Who knows who he is?
TOOBIN: ... about what, who fired the shots. But, look, when you have a 17-year-old and a 42-year-old, it is an absolutely, you know, Law School 101 decision to try to shift some of the blame to the older guy. Whether he can do it or not is hard to say. KAGAN: But let's talk about the kind of words he's using. He cast a spell.
TOOBIN: Under the spell. That's the words in the pleading, yes.
KAGAN: That he brainwashed him. I mean how kind of -- how does that kind of defense work?
TOOBIN: It's, you know what, it doesn't generally work very well in the guilt phase of a trial. But kind of a little problem there -- there's a -- it generally doesn't work very well in the guilt phase of the trial. But I think a lot of what's going on here is laying the groundwork for the penalty phase. You know, in Virginia, a 17-year- old, someone who is 17 when they committed a crime is eligible for the death penalty. And even though under the spell, it's not like insanity. It's not a legitimate defense. It is something that a jury very well might consider when it comes to the death penalty. And I think that's what really what Malvo's lawyers quite properly are setting up.
KAGAN: Well, and for Muhammad, his lawyers seem to be saying you know what, let's let this play out in court. They don't seem to be kind of walking into this. They don't want to play this game.
TOOBIN: They're not playing this game. They may have less to work with, too. I mean in fairness to Malvo's lawyers, they're, they didn't hold a press conference or anything. It's not like they're, you know, it's not like they're Mark Geragos and company in the Laci Peterson case. This was an actual court filing that pointed out this defense.
KAGAN: So we will see how it unfolds.
TOOBIN: It tends not to work very well.
KAGAN: All right, well, we're watching it anyway.
Jeffrey Toobin, thank you for that.
TOOBIN: See you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
