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CNN Live At Daybreak

Latest Switch in D.C. Sniper Trial

Aired October 23, 2003 - 05:05   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.


CAROL COSTELLO, CNN ANCHOR: On now to Virginia Beach and the latest switch in the D.C. sniper trial. After two days of representing himself, John Muhammad changed his mind.
CNN's Jeanne Meserve is covering the trial.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): A toothache causes another turn in the topsy-turvy trial of John Muhammad. Muhammad asked that Peter Greenspun and Jonathan Shapiro again lead his defense after complaining of an abscessed tooth. In a bench conference, Judge LeRoy Millette asked, "Are you making this decision solely because of your physical problem, or because you think it's in your best interests to have them represent you?" Muhammad replied, "The latter."

His attorneys expressed relief.

JONATHAN SHAPIRO, MUHAMMAD'S ATTORNEY: You don't know how emotional it is for a lawyer with death on the table to be sidelined in deference to a defendant's right to represent himself.

MESERVE: Observers said it looked like Muhammad had gotten a dose of reality.

ADUL SMITH, GEORGETOWN LAW CENTER: I think he's realized when he's out there on the hot seat that he could use some help.

MESERVE: There was testimony about a September 21 shooting outside a Montgomery, Alabama liquor store that killed one woman and wounded another.

KELLIE ADAMS, SNIPER VICTIM: The bullet in the back of my neck came out right here in the front of my face. My left vocal chord was paralyzed.

MESERVE: In court, Kellie Adams still spoke with difficulty. As she left the stand, she took long side long glances at Muhammad.

James Gray described chasing a man from the scene and coming face to face with him in an alley. "His eyes were big and round," he said, "and they looked like he was in some kind of a frenzy. When I saw his eyes, he scared me." Malvo was brought into the room. Gray said, "That's him," and broke down in tears.

The victim of an earlier shooting at a Maryland liquor store also positively identified Malvo, but backed off under cross-examination. The victim, Muhammad Rashid, hung his head, overcome with emotion, as he heard himself yelling, "I am dying!" on a 911 tape made the night of the shooting.

(on camera): Lee Malvo appeared in court three times so witnesses could identify him. During one appearance when the jury was not present, Muhammad gestured to him with his arm. Malvo saw him, but did not respond.

Jean Meserve, CNN, Virginia Beach, Virginia.

(END VIDEOTAPE)

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 23, 2003 - 05:05   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: On now to Virginia Beach and the latest switch in the D.C. sniper trial. After two days of representing himself, John Muhammad changed his mind.
CNN's Jeanne Meserve is covering the trial.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): A toothache causes another turn in the topsy-turvy trial of John Muhammad. Muhammad asked that Peter Greenspun and Jonathan Shapiro again lead his defense after complaining of an abscessed tooth. In a bench conference, Judge LeRoy Millette asked, "Are you making this decision solely because of your physical problem, or because you think it's in your best interests to have them represent you?" Muhammad replied, "The latter."

His attorneys expressed relief.

JONATHAN SHAPIRO, MUHAMMAD'S ATTORNEY: You don't know how emotional it is for a lawyer with death on the table to be sidelined in deference to a defendant's right to represent himself.

MESERVE: Observers said it looked like Muhammad had gotten a dose of reality.

ADUL SMITH, GEORGETOWN LAW CENTER: I think he's realized when he's out there on the hot seat that he could use some help.

MESERVE: There was testimony about a September 21 shooting outside a Montgomery, Alabama liquor store that killed one woman and wounded another.

KELLIE ADAMS, SNIPER VICTIM: The bullet in the back of my neck came out right here in the front of my face. My left vocal chord was paralyzed.

MESERVE: In court, Kellie Adams still spoke with difficulty. As she left the stand, she took long side long glances at Muhammad.

James Gray described chasing a man from the scene and coming face to face with him in an alley. "His eyes were big and round," he said, "and they looked like he was in some kind of a frenzy. When I saw his eyes, he scared me." Malvo was brought into the room. Gray said, "That's him," and broke down in tears.

The victim of an earlier shooting at a Maryland liquor store also positively identified Malvo, but backed off under cross-examination. The victim, Muhammad Rashid, hung his head, overcome with emotion, as he heard himself yelling, "I am dying!" on a 911 tape made the night of the shooting.

(on camera): Lee Malvo appeared in court three times so witnesses could identify him. During one appearance when the jury was not present, Muhammad gestured to him with his arm. Malvo saw him, but did not respond.

Jean Meserve, CNN, Virginia Beach, Virginia.

(END VIDEOTAPE)

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