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CNN Live At Daybreak

Sniper Trials: Penalty Phase

Aired November 18, 2003 - 06:38   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: No emotion, virtually no change in facial expression, even though he may soon face death. John Muhammad guilty of being the captain of a killing team. He is the D.C. sniper.
Live on the phone from Virginia Beach, Jeanne Meserve, who has more on this.

How likely is it that the jury will decide to hand down the death penalty?

JEANNE MESERVE, CNN CORRESPONDENT: There is absolutely no way to predict that, Carol. They began hearing testimony yesterday on what's called the penalty phase of this. They went right back to work just a couple of hours after finding him guilty on all four counts.

The prosecution is going to present evidence and witnesses, which will allege other crimes that John Muhammad committed. They're also going to talk about an alleged jailbreak he tried to make from the Prince William County Jail last March, while he was in custody. Also going to introduce some evidence that they say pertained to possible future plans that he had in process, including some entries that were on that famous computer that was found in the Chevy Caprice.

Now, the defense, of course, is going to mount its arguments as well. It will be putting some witnesses on the stand, who they said will praise John Muhammad as a good man, one who was an excellent father. Yesterday, there were some very powerful statements from defense attorney Jonathan Shapiro. He said, your decision will put John Muhammad in a box of one sort of another -- one is made of concrete, and one is made of pine.

COSTELLO: An interesting witness who may testify would be Muhammad's ex-wife. Is that right, Jeanne?

MESERVE: That's right. Mildred Muhammad is her name.

Yesterday, we heard from a witness by the name of Isa Nichols. She's a former accountant for the Muhammad's when they were in business together up in Washington state. He niece was shot, and prosecutors are contending that happened after she alienated Muhammad by giving support to the ex-wife, Mildred.

Now, Mildred Muhammad regained custody of Muhammad's children after John Muhammad returned with them from Antigua. She took them and moved to the Washington, D.C. area. Nichols refused to tell Muhammad where Mildred and the children were, because -- quote -- "Mildred felt that he was going to destroy her." And we have some indications that Mildred Muhammad herself may be taking the stand sometime Tuesday. She has been very private, granting, as far as I know, only one interview in the months since his arrest. This should be very interesting testimony.

COSTELLO: She's been afraid to. She's been in hiding. Jeanne Meserve reporting live by phone from Virginia Beach, Virginia, this morning.

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 November 18, 2003 - 06:38   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: No emotion, virtually no change in facial expression, even though he may soon face death. John Muhammad guilty of being the captain of a killing team. He is the D.C. sniper.
Live on the phone from Virginia Beach, Jeanne Meserve, who has more on this.

How likely is it that the jury will decide to hand down the death penalty?

JEANNE MESERVE, CNN CORRESPONDENT: There is absolutely no way to predict that, Carol. They began hearing testimony yesterday on what's called the penalty phase of this. They went right back to work just a couple of hours after finding him guilty on all four counts.

The prosecution is going to present evidence and witnesses, which will allege other crimes that John Muhammad committed. They're also going to talk about an alleged jailbreak he tried to make from the Prince William County Jail last March, while he was in custody. Also going to introduce some evidence that they say pertained to possible future plans that he had in process, including some entries that were on that famous computer that was found in the Chevy Caprice.

Now, the defense, of course, is going to mount its arguments as well. It will be putting some witnesses on the stand, who they said will praise John Muhammad as a good man, one who was an excellent father. Yesterday, there were some very powerful statements from defense attorney Jonathan Shapiro. He said, your decision will put John Muhammad in a box of one sort of another -- one is made of concrete, and one is made of pine.

COSTELLO: An interesting witness who may testify would be Muhammad's ex-wife. Is that right, Jeanne?

MESERVE: That's right. Mildred Muhammad is her name.

Yesterday, we heard from a witness by the name of Isa Nichols. She's a former accountant for the Muhammad's when they were in business together up in Washington state. He niece was shot, and prosecutors are contending that happened after she alienated Muhammad by giving support to the ex-wife, Mildred.

Now, Mildred Muhammad regained custody of Muhammad's children after John Muhammad returned with them from Antigua. She took them and moved to the Washington, D.C. area. Nichols refused to tell Muhammad where Mildred and the children were, because -- quote -- "Mildred felt that he was going to destroy her." And we have some indications that Mildred Muhammad herself may be taking the stand sometime Tuesday. She has been very private, granting, as far as I know, only one interview in the months since his arrest. This should be very interesting testimony.

COSTELLO: She's been afraid to. She's been in hiding. Jeanne Meserve reporting live by phone from Virginia Beach, Virginia, this morning.

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