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CNN Live At Daybreak

Sniper Trial of Lee Boyd Malvo

Aired December 16, 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: Turning now to the sniper trial of Lee Boyd Malvo, was the teen suspect brainwashed, crazy or extremely cunning and clever? That's what jurors will have to decide.
As CNN's Jeanne Meserve reports, closing arguments are set to get under way today.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): Is Lee Malvo guilty or not guilty by reason of insanity? The jury will be tackling that question perhaps by late Tuesday. The prosecution rested its rebuttal case after presenting testimony from two psychologists, who said Malvo was sane at the time of the sniper shootings. Dr. Evan Nelson testified that Malvo did not suffer from any mental illness, disease, disorder or condition, that he could distinguish right from wrong and had an acute awareness the attacks were illegal. He also said Malvo was the complete opposite of impulsive, engaging in extensive planning to make the sniper killings more fear inducing.

The testimony directly contradicted defense experts, who said Malvo was insane.

BARRY BOSS, DEFENSE ATTORNEY: I think when jurors hear competing versions of events from experts, they tend to rely on their own common sense.

MESERVE: While acknowledging that John Muhammad did have tremendous influence over Malvo, psychologist Nelson said it was more akin to idol worship than brainwashing. In fact, Nelson suggested, Malvo's attorneys might have engaged in brainwashing by convincing Malvo to revert to his earlier identity as a Christian Jamaican.

The prosecution introduced letters Malvo wrote to another prisoner in August, after the defense has said he was rejecting Muhammad. "I played the stupid fool," one letter read. "Look at how I act and speak. Everybody underestimates me. I love that. It gives me the edge I need to study, conquer and overcome."

(on camera): Nelson suggests the letters could support the theory that Malvo was a very cunning and manipulative young man who "duped" mental health experts to create an insanity defense for himself.

Jean Meserve, CNN, Chesapeake, 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 December 16, 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: Turning now to the sniper trial of Lee Boyd Malvo, was the teen suspect brainwashed, crazy or extremely cunning and clever? That's what jurors will have to decide.
As CNN's Jeanne Meserve reports, closing arguments are set to get under way today.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): Is Lee Malvo guilty or not guilty by reason of insanity? The jury will be tackling that question perhaps by late Tuesday. The prosecution rested its rebuttal case after presenting testimony from two psychologists, who said Malvo was sane at the time of the sniper shootings. Dr. Evan Nelson testified that Malvo did not suffer from any mental illness, disease, disorder or condition, that he could distinguish right from wrong and had an acute awareness the attacks were illegal. He also said Malvo was the complete opposite of impulsive, engaging in extensive planning to make the sniper killings more fear inducing.

The testimony directly contradicted defense experts, who said Malvo was insane.

BARRY BOSS, DEFENSE ATTORNEY: I think when jurors hear competing versions of events from experts, they tend to rely on their own common sense.

MESERVE: While acknowledging that John Muhammad did have tremendous influence over Malvo, psychologist Nelson said it was more akin to idol worship than brainwashing. In fact, Nelson suggested, Malvo's attorneys might have engaged in brainwashing by convincing Malvo to revert to his earlier identity as a Christian Jamaican.

The prosecution introduced letters Malvo wrote to another prisoner in August, after the defense has said he was rejecting Muhammad. "I played the stupid fool," one letter read. "Look at how I act and speak. Everybody underestimates me. I love that. It gives me the edge I need to study, conquer and overcome."

(on camera): Nelson suggests the letters could support the theory that Malvo was a very cunning and manipulative young man who "duped" mental health experts to create an insanity defense for himself.

Jean Meserve, CNN, Chesapeake, 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