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Judge in Malvo Case Rules Case Moved to Chesapeake, Virginia Saying Rights to Fair Trial Requires It

Aired July 02, 2003 - 11:05   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: Right now we move on to other news and a critical court decision in the Lee Boyd Malvo case, the alleged sniper suspect. And our Jeanne Meserve has more on that and the announcement that there has been a change of venue. Jeanne, good morning.
JEANNE MESERVE, CNN NATIONAL SECURITY CORRESPONDENT: Good morning, Daryn. Judge Jane Marum Roush has ruled this case will be moved to Chesapeake, Virginia saying Malvo's rights to a fair trial requires it.

In her ruling Judge Roush says the case should be moved outside the Washington/Richmond corridor where, quote, "many citizens lived in fear during the month of October 2002." That, of course, when the sniper shootings took place.

Attorneys for Malvo had sought the change in venue arguing that the jury pool in Fairfax County were the prosecution was slated to take place, was tainted by all the publicity which surrounding the sniper case which include summaries of interrogations of police in which Malvo confessed to some shootings.

Defense attorneys also argued that every citizen of the county was part of the victim class because of the widespread fear in the community during the sniper spree. Prosecutors called that argument preposterous, but the judge has made the decision despite their objections and objections from city officials in Chesapeake including the mayor William Ward.

(BEGIN AUDIO CLIP)

WILLIAM WARD, MAYOR OF CHESAPEAKE, VA.: We felt that this was not the best venue for the trial because of cost and security reasons, and disruption to our own citizens and the normal flow of business. However the court has made a decision.

(END AUDIO CLIP)

MESERVE: Chesapeake is about 200 miles away from Washington in the Tidewater area of Virginia. It has a very high concentration of military families.

Defense attorneys have said they agonized over the decision to pursue a change in venue knowing the case could be moved to a more conservative part of Virginia. But some attorneys had predicted the judge would rule this way, saying no judge has been overturned for moving a case. Judges are overruled for not moving a case. Daryn, back to you.

KAGAN: All right, Jeanne, thank you for that.

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Virginia Saying Rights to Fair Trial Requires It>


Aired July 2, 2003 - 11:05   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Right now we move on to other news and a critical court decision in the Lee Boyd Malvo case, the alleged sniper suspect. And our Jeanne Meserve has more on that and the announcement that there has been a change of venue. Jeanne, good morning.
JEANNE MESERVE, CNN NATIONAL SECURITY CORRESPONDENT: Good morning, Daryn. Judge Jane Marum Roush has ruled this case will be moved to Chesapeake, Virginia saying Malvo's rights to a fair trial requires it.

In her ruling Judge Roush says the case should be moved outside the Washington/Richmond corridor where, quote, "many citizens lived in fear during the month of October 2002." That, of course, when the sniper shootings took place.

Attorneys for Malvo had sought the change in venue arguing that the jury pool in Fairfax County were the prosecution was slated to take place, was tainted by all the publicity which surrounding the sniper case which include summaries of interrogations of police in which Malvo confessed to some shootings.

Defense attorneys also argued that every citizen of the county was part of the victim class because of the widespread fear in the community during the sniper spree. Prosecutors called that argument preposterous, but the judge has made the decision despite their objections and objections from city officials in Chesapeake including the mayor William Ward.

(BEGIN AUDIO CLIP)

WILLIAM WARD, MAYOR OF CHESAPEAKE, VA.: We felt that this was not the best venue for the trial because of cost and security reasons, and disruption to our own citizens and the normal flow of business. However the court has made a decision.

(END AUDIO CLIP)

MESERVE: Chesapeake is about 200 miles away from Washington in the Tidewater area of Virginia. It has a very high concentration of military families.

Defense attorneys have said they agonized over the decision to pursue a change in venue knowing the case could be moved to a more conservative part of Virginia. But some attorneys had predicted the judge would rule this way, saying no judge has been overturned for moving a case. Judges are overruled for not moving a case. Daryn, back to you.

KAGAN: All right, Jeanne, thank you for that.

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




Virginia Saying Rights to Fair Trial Requires It>