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CNN Live Today
President Bush on the Road; Lee Boyd Malvo Receives Life in Prison
Aired March 10, 2004 - 10:00 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 CORRESPONDENT: Good morning from CNN headquarters in Atlanta, I'm Daryn Kagan. And we're going to begin with a check of the stories making headlines at this hour.
First to Baghdad, Iraqi police questioning six people, following a fatal ambush attack overnight. Two U.S. civilian workers and an Iraqi translator are dead. Police say most of the suspects were wearing Iraqi police uniforms at the time of the incident. It's not clear whether they are really Iraqi police officers or impersonators.
Here in the states, President Bush is traveling to Ohio to talk about jobs, trade and taxes. In a speech in Cleveland, Bush will defend his economic policy as sound and necessary for growth. Ohio is a battleground state in this year's presidential election. It has lost more than 200,000 jobs. No Republican has won the White House without winning Ohio.
In Baltimore, crews there still looking for three people missing in the fatal water taxi accident. They will have new equipment to help them in their search. Fire officials say the Tyco Corporation has offered a robot submarine that another company has offered sophisticated military equipment. Crews are looking for a Virginia couple and a 6-year-old missing in the accident that left two others dead.
Should overweight people be able to sue fast food restaurants for their obesity? That issue will be debated in Congress today. Lawmakers are debating a bill to ban lawsuits by obese customers who blame fast food restaurants for their weight. We'll have more on that issue in about 30 minutes.
But right now, CNN LIVE TODAY begins. And we start by taking a look at what is happening live this hour.
The hunter becomes the prey. Now convicted teen sniper, Lee Boyd Malvo finds his life in someone else's hand. He is in a Virginia courthouse today, that's where he's about to be formally sentenced to life in prison.
Senators use their muscle to pry open the issue of steroid abuse in professional and amateur sports. The top executives of major league baseball and the National Football League will appear on the Hill where a hearing is about to get under way.
We begin with politics. America voting and the November showdown looming closer. President Bush clinched the GOP presidential nomination last night. That was hardly a cliffhanger. Democrat John Kerry inches closer to securing his place on the November ballot. Kerry swept through his party's primaries in Florida, Mississippi, Texas and Louisiana.
President Bush is on the road and his message today, he is focusing on his economic plan in a state that desperately needs jobs, and will help decide whether Mr. Bush will keep his job.
Our White House correspondent Suzanne Malveaux is at the White House with a preview of Mr. Bush's trip to Ohio today.
Suzanne, good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn. As you know, Ohio is a key battleground state for President Bush. This state lost more than 160,000 manufacturing jobs. It has a 6.2 unemployment rate, well above the national average, and no Republican has won the White House without winning Ohio. That is why it makes President Bush's new economic speech even that more important.
Bush aides tell us that he is going to recognize that Americans are suffering, but he is also going to defend his trade policy as critical to creating new jobs. He is also going to contrast his own economic policy with that of his critic, most notably Senator John Kerry. He is going to argue that he is for more taxes, more spending, as well as trade barriers.
Now, senior administration official gave us a preview of some of the president's remarks. In it he is going to say that, "Some politicians in Washington see these new challenges and want to respond in old ways, by raising taxes, building walls around our economy and isolating America from the rest of the world. Taxing and spending is the enemy of job creation, a recipe for economic disaster."
And as you know, back in 2000, President Bush had narrowly won to Gore. They are certainly not going to take anything for granted when it comes to Ohio -- Daryn.
KAGAN: Interesting that the type of group he has chosen to speak before as well, Suzanne, a woman's entrepreneurship group, looking at how President Bush is running with women and also with small business owners.
MALVEAUX: Well, certainly. And it's one of the groups that he is really trying to gain some momentum with is the female vote. And of course, he normally travels to some of these small businesses. That is where he is really focusing on making the argument that his economic policy, mainly keeping his tax cuts permanent, will really help those small businesses, and in doing so will promote job growth, job creation. That's something that, of course, the Bush administration, somewhat vulnerable on now, as those polls show.
KAGAN: As we look at a live picture from Ohio. Thank you for that Suzanne Malveaux.
Actually, that was Andrew's Air Force Base. Thanks for the correction.
Officials with the president's re-election campaign are filing a complaint today with the Federal Election Commission. It alleges that campaign reform finance laws were violated by a $5 million ad campaign that targets Mr. Bush in key battleground states. Here now, a brief snip-it of one of those political ads, which started airing today.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE (voice-over): President Bush, remember the American dream? It's about hope, not fear. It's about more jobs at home, not tax breaks for shipping jobs overseas. It's about giving our...
(END VIDEO CLIP)
KAGAN: The complaint says the ads are funded by soft money, which would violate federal election laws. The group paying for the ad is called the Media Fund; it denies that. The Media Fund is run by the former campaign manager for John Kerry and a former aide to President Clinton. It has received money from a billionaire George Soros, who has said that ousting President Bush is, quote, "the central focus" of his life.
CNN will have live coverage of President Bush's speech on the economy from Cleveland, Ohio. That's scheduled for noon Eastern, 9:00 Pacific.
As for John Kerry, another primary sweep allowing the luxury of looking ahead and lashing out. The presumptive nominee all but assured his place on the November ballot, can now focus more single mindedly on that battle and on President Bush.
Our senior political correspondent Candy Crowley has that story.
(BEGIN VIDEOTAPE)
(APPLAUSE)
(CHEERING)
CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT (voice-over): Another election night sweep for John Kerry.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: Florida, Mississippi, Louisiana, Texas, people voted, and they voted for change in this great country of ours.
CROWLEY: So what else is new? Not much, the primary season nobody saw coming has turned into the primary season everybody has seen.
(APPLAUSE)
(CHEERING) CROWLEY: Another day, another photo op or two. A shake and smile with, one presumes, actual voters in a Florida diner, and a hold and swing at the Little Big World Day Care Center.
UNIDENTIFIED MALE: This is Mr. Kerry; he's running to be president of the United States.
CROWLEY: John Kerry has done due diligence for the past several days, traveling Texas, Louisiana, Mississippi and Florida at rallies and town halls, asking Democrats to support him in the primaries. But that's not what it's about anymore. This is what it's about.
KERRY: If the president wants to have a debate a month, on just one subject, and we go around the country, I think that would be a great idea. Let's go do it.
(APPLAUSE)
CROWLEY: It's about engaging George Bush early and often, one way or the other.
KERRY: George Bush, who promised to be a uniter, has become the great divider.
CROWLEY: With Kerry's nomination all but assured, the primary states are pretty much backdrops now, places to warm up for a general election already boiling. And of course, places to look for cold cash.
(on camera): A little change of pace for Senator Kerry this afternoon, when he returns to Washington for a series of meetings with old friends and old foes. That will include a meet this afternoon with Howard Dean. Aides on both sides say they doubt anything major will come out of this session. It is just a continuation of their efforts to get to like one another.
Candy Crowley, CNN, Chicago.
(END VIDEOTAPE)
KAGAN: And now a political deja vu. Stop me if you've heard this one before. An election supervisor in Florida ordering a recount. Well, this time, the disputed county is not West Palm, but Bay County. And there's little ride on the outcome. John Kerry locked up about 77 percent of the state's vote, so the recount of 20,000 primary ballots won't affect the outcome. And this time around, the problem was not hanging chads, but a printing foible that affected the counting.
Yesterday John Allen Muhammad was sentenced to death for his role in the D.C. sniper shootings. Now his convicted partner is learning his sentence. We'll get the latest from Virginia.
(BEGIN VIDEO CLIP)
JAYSON BLAIR, FMR., WRITER, "THE NEW YORK Times": There are no excuses for it. There really are no explanations other than the fact that I made bad decisions.
(END VIDEO CLIP)
KAGAN: Yes. That's an understatement. Enough bad decisions to fill a book. Former "New York Times" writer Jayson Blair tells his story.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE (voice-over): Down here, Bertuzzi goes after him and he lands on him right there. And then...
UNIDENTIFIED MALE (voice-over): If you look at it, Bertuzzi...
(END VIDEO CLIP)
KAGAN: And when sports crosses a line, literally an attack in the NHL that could lead to legal trouble off the ice. Details a bit later on CNN LIVE TODAY.
And before that -- before we go to break, let's take a picture of President Bush getting on board Air Force 1, leaving Andrew's Air Force Base. As we said earlier with our report from Suzanne Malveaux, President Bush headed to Cleveland, Ohio today, to give a major economic speech. He'll be speaking before a women's entrepreneurialship group. You'll see that speech live, right here on CNN 12:00 noon Eastern, 9:00 a.m. Pacific.
Much more news ahead, we're back after this break.
(COMMERCIAL BREAK)
KAGAN: So Jacqui, we're bursting bubbles all over the place here this morning.
JACQUI JERAS, CNN METEOROLOGIST: We are?
KAGAN: Yes. You've got Congress looking at steroid in baseball and then the Maryland and JFK love letters.
JERAS: Yes?
KAGAN: Turns out they were fake.
JERAS: Fake?
KAGAN: Can you believe it? What can you believe in anymore?
JERAS: I'm shocked.
KAGAN: Well, there's a big fuss about it and how they are fake love letters. We're going to give you the details a bit later on CNN LIVE TODAY.
(COMMERCIAL BREAK) KAGAN: In Virginia, formal sentencing is under way for Lee Boyd Malvo, the teenager convicted of taking part in the Washington, D.C. area sniper spree. Ten people died in October of 2002. Malvo will be spared a similar fate of his partner.
Our Jeanne Meserve has the story.
(BEGIN VIDEOTAPE)
JEANNE MESERVE, HOMELAND SECURITY CORRESPONDENT (voice-over): Lee Boyd Malvo's attorneys say their client's final sentencing will be brief. The judge has no option but to endorse the jury's recommendation of life without parole, and their client will not speak. John Muhammad did speak at his court appearance, telling Judge Leroy Mallet, hade nothing to do with this; a reference to the sniper shootings that claimed 10 lives in the Washington area. But the judge reaffirm the jury's sentence of death saying these offenses were so vile that they were almost beyond comprehension.
More than 50 victim family members gathered for the closing scene in this drama, and they were gratified.
SONIA WILLIS, CONRAD JOHNSON'S MOTHER: Justice has been served. I can go to my son's grave and wish him a happy birthday on Sunday. Conrad would have been 37.
MESERVE: Muhammad's attorneys had urged the judge to reduce his sentence to life in prison without parole. "He was not born evil, he is not a virus. He is not the devil," said Jonathan Shapiro, maintaining that Muhammad had once led a life of value and could again.
JONATHAN SHAPIRO, MUHAMMAD'S ATTORNEY: Nothing was soft; in our view more pain is inflicted.
MESERVE: But prosecutor Paul Ebert said Muhammad's lack of remorse for his horrible crimes made death the appropriate and only appropriate sentence.
PAUL EBERT, PROSECUTOR: Counsel for the defense says he sees no evil in his client. I can't agree with that. I see nothing but evil.
MESERVE (on camera): After the sentencing, prosecutors from Malvo and Muhammad will announce where the two convicted snipers will be tried next. The expectation has been that they will swap prosecutions. But any additional trials of Malvo are likely to be delayed until after the Supreme Court rules on the constitutionality of executing juveniles.
Jeanne Meserve, CNN, Chesapeake, Virginia.
(END VIDEOTAPE)
KAGAN: Let's get some legal perspective on the sniper case. For that, we turn to former U.S. Attorney Kendall Coffey.
Kendall, good morning.
KENDALL COFFEY, FMR. U.S. ATTORNEY: Hey, good morning, Daryn.
KAGAN: Interesting how the justice system plays out here. You have circumstantial evidence on Muhammad; he's getting the death penalty. Stronger evidence on Malvo, but because of his age, he will be spared the death penalty.
COFFEY: Because of his age and also the argument that he was being, quote, "brain washed" under the dominance of Muhammad. Not enough to get him acquitted, but apparently enough to spare him the death penalty. Although, there were at least five jurors that thought he ought to be sentenced to death.
KAGAN: Well, and we look at what will take place today, it kind of is a done deal. Because in Virginia, isn't it true, the judge can take what the jury suggests and go lesser, but can't go more? So the judge can't step this up to the death penalty.
COFFEY: For now this is going to be a life sentence for Malvo. But as we just heard, there are other potential, murder charges that can be brought in Virginia. Meanwhile, 6 other states are lined up, including Maryland, where six of the murders were convicted. Some of those states have the death penalty for juvenile killers. Some of them don't. But as we know, the Supreme Court is going to look at that issue within 12 months.
And one of the interesting things bearing on all of this, Daryn, is whether from a perception standpoint, the fact that someone that looked as cold-blooded, as relentlessly evil as Malvo, if he becomes in effect, the picture on the poster for whether juveniles should be executed, that could weigh into the calculus. Twenty-one percent of the American people apparently believe in general that juvenile killers should not be executed. But when you plug in the name of Malvo, the number goes to at least 37 percent say, in his case, the death penalty is appropriate.
KAGAN: So there could be a difference as other states and jurisdictions line up and try to try him. In fact, we're getting word the sentencing has just been confirmed. So in Virginia, for this particular murder, he will receive life in prison and not the death penalty.
And our Jeanne Messerve is inside the court and we're going to bring her out in just a moment.
That did though, go down just exactly as we expected it to. As we were saying, and as you were pointing out and Jeanne Messerve, he could face the death penalty in other jurisdiction. But for Muhammad, what's the point of adding on these other trials? We are seeing, Kendall, a similar thing happen in Oklahoma City with Terry Nichols. A lot of people in Oklahoma are saying, you know what? It's done. Let's move on. Let's not spend the money on another trial.
COFFEY: If you were making just sort of a nuts and both calculus of the best what use of resources, dollars, things like that, there probably wouldn't be a compelling need to further prosecute Muhammad. Because he is in probably the fastest tracked execution of any state in the country, one of the reasons Attorney General Ashcroft, I think, selected Virginia as the first forum.
But what's also at issue here are the needs of victims' family members, who survived these horrible crimes to get some kind of closure, some kind of validation for their loss. And prosecutors around the country want to be sure what their own community has suffered gets its day in court. So whether it's efficient dollar wise or not, others want to see their own justice for what these two killers have done.
KAGAN: Kendall Coffey, thank you for your insight.
Once again, the breaking news out of Chesapeake, Virginia, Lee Boyd Malvo receiving life in prison for the murder of Linda Franklin. Actually, we have a prosecutor at the microphone. Let's go ahead and listen in to what the prosecutor has to say about this sentence. This is...
ROBERT E. HORAN, VIRGINIA COMMONWEALTH'S ATTY.: Probably step one in the prosecution of the sniper cases; there will be more to come in the future. It would be my belief that Fairfax County will wind up trying Muhammad for his crimes there. And Prince William will probably wind up trying Malvo for his crimes in that jurisdiction. So we're at Step 1.
The task force that has worked on this case is the best I've ever seen, and hopefully they are going to stay intact for Step 2 in the process. Any questions?
QUESTION: Do you have to file the paperwork to get Muhammad prosecuted? Is that something you've done?
HORAN: No, he's already been indicted in Fairfax County, more than a year ago.
QUESTION: Is there a double jeopardy question involving trying him again on a Virginia statute involving terrorism?
HORAN: No. They're independent crimes against independent jurisdictions.
QUESTION: How about timing? Do you know how soon you may move against Mr. Muhammad?
HORAN: Well, I don't -- that'll depend very much on the defense. We'd be ready to go, I would think, within 30 days. And as far as I'm concerned, the sooner the better.
QUESTION: To guard against -- in Muhammad's case, does it make any more sense to have another state prosecute him first because of the same appellate issues, where you might prosecute Mr. Muhammad could be the same?
HORAN: There are some questions, some unanswered questions about whether or not you could release him from Virginia, where there are charges pending in a number of jurisdictions, and allow him to go elsewhere for a prolonged period of time presumably. So it makes far more sense legally to end the matters in Virginia just as soon as we can end them.
QUESTION: Sir, you said...
QUESTION: Sir, if I'm not mistaken, you said you'd probably decide to prosecute. Is there any -- what could possibly make you determine otherwise?
HORAN: I never say never. I can't think of anything that would change my mind.
QUESTION: Mr. Horan, one more time. It was hard to hear you. What is Round 2? What will happen in Round 2?
HORAN: Round 2 will be the decision on whether we prosecute these two defendants elsewhere in Virginia. They have now been tried. Muhammad for crimes in Prince William. Malvo for crimes in Fairfax. There are pending charges in both jurisdictions against the other, and presumably, we've got to make some judgments on whether and how we're going to deal with those charges. There are outstanding criminal charges. Indictments in Fairfax, for example, for Muhammad, and those are indictments that have to be disposed of one way or the other.
QUESTION: Will there be the death penalty?
KAGAN: We've been listening into Robert Horan; he is the prosecutor in the case of Lee Boyd Malvo. And if you were with us, you saw the breaking news that the judge in that case has sentenced the 19-year-old to life in prison. He was convicted for the -- for gunning down FBI analyst Linda Franklin at a Home Depot in Falls Church, Virginia, back on October 14, 2002.
After -- as -- after Mr. Horan was explaining, next up is to decide if these two are going to now swap jurisdictions. One tried in the other county where the other one was just tried. John Allen Muhammad yesterday sentenced to death in the case of the Manassas, Virginia gas station shooting. Still a number of charges pending in Virginia, Maryland and four other states after that.
Much more on this story just ahead. Right now, we fit in a break.
(COMMERCIAL BREAK)
KAGAN: And once again we go back to our breaking news story out of Chesapeake, Virginia. Lee Boyd Malvo sentenced to life in prison for killing Linda Franklin at a Home Depot in Falls Church, Virginia in October 2002.
With more on this and what is next for Lee Boyd Malvo and his co- defendant, John Allen Muhammad, let's bring in Jeanne Messerve who was in the courtroom in Chesapeake.
Jeanne, hello.
MESERVE: Daryn, it was a very short proceeding. It only took about 12 minutes. Lee Malvo spoke only briefly to say, "Yes ma'am. Yes, ma'am," to the judge three times and to respond to questions from her. There were no Victim Impact Statements. All of this in contrast to the final sentence hearing yesterday for John Muhammad.
We did hear, however, from defense attorney Craig Cooley. He said that he and Mr. Malvo had read all the Victim Impact Statements and that they were very mindful of the pain of the families in this case. He said, "From our perspective, we see this as an additional tragedy. Lee knows he has much to face and much to pay for. He knows he cannot undo the damage that he has done."
Then Robert Horan spoke. He is the prosecutor in this case. He noted that the jury had found aggravating factors in the case of Lee Malvo, that they had found that he posed future dangerousness, that his crimes had been vile. He said, "The absolute egregiousness of this defendant's behavior called for the judge to impose the sentence, and she did so. In fact, she had no option here. The jury recommended life in prison without parole. She, her only option was to endorse that, and she did."
Now just moments ago, Robert Horan came to the microphones outside here. He indicated that this was the end of Phase 1. He said probably the next step would be for him to try John Muhammad. He indicated he might be ready to go against him in as soon as 30 days. As for Mr. Malvo, it's a little unclear. There have been a lot of talk that Prince William and Fairfax would switch cases. Therefore, Mr. Malvo would go next to Prince William County, which had prosecuted Mr. Muhammad last fall. We haven't gotten firm word on whether or not if that will be the case.
In any event, it is expected any prosecution of Malvo might be delayed until after the Supreme Court makes a ruling on a Missouri case currently before it, in which it will determine the constitutionality of executing juveniles.
There were victim families in the courtroom. Only about 20 or 25 of them as opposed to the 50 that were in the courtroom yesterday. We do expect that some of them might come to the microphones in a short time and speak to us about their view of what happened here today, in the final sentencing of Lee Boyd Malvo in this first trial against him for the sniper slayings.
Daryn, back it you.
KAGAN: And Jeanne, when those victims and the families come forward, we'll have those for our viewers here on CNN. Ques -- in fact, we have someone speaking right now. Let's go ahead and listen.
DOUG KEEFER, JUROR: Some people felt very strong about the life sentence, but I'm satisfied with it.
QUESTION: What do you feel about...
KEEFER: No, I'm satisfied.
QUESTION: Do you have an opinion on...
KEEFER: K-E-E-F-E-R.
QUESTION: I'm sorry sir. Do you have an opinion on whether other prosecutors they should seek the death sentence against Malvo? Or do you feel this is the proper sentence?
KEEFER: For me, the important part was a conviction of the capital murder charges...
QUESTION: (UNINTELLIGIBLE)
KEEFER: For me, the important part was a conviction of the capital murder charges with the terrorism and I was not as convicted on the life or the death sentence. To me, someone facing 50, 60 years incarcerated under those circumstances is punishment. And I'm satisfied that that decision was reached.
QUESTION: Why did you come here today?
KEEFER: Because I wanted to see this thing through to the end.
QUESTION: Are you still in touch with the other jurors?
KEEFER: No.
QUESTION: Can you explain why this jury did not give Malvo the death penalty?
KEEFER: I can only give you what my opinion is to that. I believe that, in my opinion, there was some influence from John Muhammad. He was a minor at the time in my mind. The one thing that stands out among this whole thing is I don't think he would have been here without Muhammad. But what concerns me more than anything else about the whole trial is fact that he was here in the first place. Lee Malvo came into this country as an illegal immigrant. He attended school in Florida and Washington. He was -- the FBI was called while he and Muhammad were at the mission in Washington.
And stated that Muhammad was flying and had cash in his hands and I think there was some failure to follow up there. And Malvo was arrested by the Immigration and Naturalization Service, was released. I think to a certain point...
KAGAN: We've been listening into a man named Doug Keefer. He identified himself as one of the jurors in the case. He said came down to today's sentencing of Lee Boyd Malvo to see the case all the way through. He said he was comfortable with how the judge carried out what the jury recommended. Life in prison for 19-year-old Lee Boyd Malvo for the killing of Linda Franklin back on October 14, 2002.
We are hearing from Jeanne Meserve that some of these family members might be coming to the microphone to share their feelings on the sentence and what would be next for John Allen Muhammad and Lee Boyd Malvo. When that happens, we'll show that to you live right here on CNN.
Right now, a quick break.
(COMMERCIAL BREAK)
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Aired March 10, 2004 - 10:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN CORRESPONDENT: Good morning from CNN headquarters in Atlanta, I'm Daryn Kagan. And we're going to begin with a check of the stories making headlines at this hour.
First to Baghdad, Iraqi police questioning six people, following a fatal ambush attack overnight. Two U.S. civilian workers and an Iraqi translator are dead. Police say most of the suspects were wearing Iraqi police uniforms at the time of the incident. It's not clear whether they are really Iraqi police officers or impersonators.
Here in the states, President Bush is traveling to Ohio to talk about jobs, trade and taxes. In a speech in Cleveland, Bush will defend his economic policy as sound and necessary for growth. Ohio is a battleground state in this year's presidential election. It has lost more than 200,000 jobs. No Republican has won the White House without winning Ohio.
In Baltimore, crews there still looking for three people missing in the fatal water taxi accident. They will have new equipment to help them in their search. Fire officials say the Tyco Corporation has offered a robot submarine that another company has offered sophisticated military equipment. Crews are looking for a Virginia couple and a 6-year-old missing in the accident that left two others dead.
Should overweight people be able to sue fast food restaurants for their obesity? That issue will be debated in Congress today. Lawmakers are debating a bill to ban lawsuits by obese customers who blame fast food restaurants for their weight. We'll have more on that issue in about 30 minutes.
But right now, CNN LIVE TODAY begins. And we start by taking a look at what is happening live this hour.
The hunter becomes the prey. Now convicted teen sniper, Lee Boyd Malvo finds his life in someone else's hand. He is in a Virginia courthouse today, that's where he's about to be formally sentenced to life in prison.
Senators use their muscle to pry open the issue of steroid abuse in professional and amateur sports. The top executives of major league baseball and the National Football League will appear on the Hill where a hearing is about to get under way.
We begin with politics. America voting and the November showdown looming closer. President Bush clinched the GOP presidential nomination last night. That was hardly a cliffhanger. Democrat John Kerry inches closer to securing his place on the November ballot. Kerry swept through his party's primaries in Florida, Mississippi, Texas and Louisiana.
President Bush is on the road and his message today, he is focusing on his economic plan in a state that desperately needs jobs, and will help decide whether Mr. Bush will keep his job.
Our White House correspondent Suzanne Malveaux is at the White House with a preview of Mr. Bush's trip to Ohio today.
Suzanne, good morning.
SUZANNE MALVEAUX, CNN WHITE HOUSE CORRESPONDENT: Good morning, Daryn. As you know, Ohio is a key battleground state for President Bush. This state lost more than 160,000 manufacturing jobs. It has a 6.2 unemployment rate, well above the national average, and no Republican has won the White House without winning Ohio. That is why it makes President Bush's new economic speech even that more important.
Bush aides tell us that he is going to recognize that Americans are suffering, but he is also going to defend his trade policy as critical to creating new jobs. He is also going to contrast his own economic policy with that of his critic, most notably Senator John Kerry. He is going to argue that he is for more taxes, more spending, as well as trade barriers.
Now, senior administration official gave us a preview of some of the president's remarks. In it he is going to say that, "Some politicians in Washington see these new challenges and want to respond in old ways, by raising taxes, building walls around our economy and isolating America from the rest of the world. Taxing and spending is the enemy of job creation, a recipe for economic disaster."
And as you know, back in 2000, President Bush had narrowly won to Gore. They are certainly not going to take anything for granted when it comes to Ohio -- Daryn.
KAGAN: Interesting that the type of group he has chosen to speak before as well, Suzanne, a woman's entrepreneurship group, looking at how President Bush is running with women and also with small business owners.
MALVEAUX: Well, certainly. And it's one of the groups that he is really trying to gain some momentum with is the female vote. And of course, he normally travels to some of these small businesses. That is where he is really focusing on making the argument that his economic policy, mainly keeping his tax cuts permanent, will really help those small businesses, and in doing so will promote job growth, job creation. That's something that, of course, the Bush administration, somewhat vulnerable on now, as those polls show.
KAGAN: As we look at a live picture from Ohio. Thank you for that Suzanne Malveaux.
Actually, that was Andrew's Air Force Base. Thanks for the correction.
Officials with the president's re-election campaign are filing a complaint today with the Federal Election Commission. It alleges that campaign reform finance laws were violated by a $5 million ad campaign that targets Mr. Bush in key battleground states. Here now, a brief snip-it of one of those political ads, which started airing today.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE (voice-over): President Bush, remember the American dream? It's about hope, not fear. It's about more jobs at home, not tax breaks for shipping jobs overseas. It's about giving our...
(END VIDEO CLIP)
KAGAN: The complaint says the ads are funded by soft money, which would violate federal election laws. The group paying for the ad is called the Media Fund; it denies that. The Media Fund is run by the former campaign manager for John Kerry and a former aide to President Clinton. It has received money from a billionaire George Soros, who has said that ousting President Bush is, quote, "the central focus" of his life.
CNN will have live coverage of President Bush's speech on the economy from Cleveland, Ohio. That's scheduled for noon Eastern, 9:00 Pacific.
As for John Kerry, another primary sweep allowing the luxury of looking ahead and lashing out. The presumptive nominee all but assured his place on the November ballot, can now focus more single mindedly on that battle and on President Bush.
Our senior political correspondent Candy Crowley has that story.
(BEGIN VIDEOTAPE)
(APPLAUSE)
(CHEERING)
CANDY CROWLEY, CNN SENIOR POLITICAL CORRESPONDENT (voice-over): Another election night sweep for John Kerry.
SEN. JOHN KERRY (D-MA), PRESIDENTIAL CANDIDATE: Florida, Mississippi, Louisiana, Texas, people voted, and they voted for change in this great country of ours.
CROWLEY: So what else is new? Not much, the primary season nobody saw coming has turned into the primary season everybody has seen.
(APPLAUSE)
(CHEERING) CROWLEY: Another day, another photo op or two. A shake and smile with, one presumes, actual voters in a Florida diner, and a hold and swing at the Little Big World Day Care Center.
UNIDENTIFIED MALE: This is Mr. Kerry; he's running to be president of the United States.
CROWLEY: John Kerry has done due diligence for the past several days, traveling Texas, Louisiana, Mississippi and Florida at rallies and town halls, asking Democrats to support him in the primaries. But that's not what it's about anymore. This is what it's about.
KERRY: If the president wants to have a debate a month, on just one subject, and we go around the country, I think that would be a great idea. Let's go do it.
(APPLAUSE)
CROWLEY: It's about engaging George Bush early and often, one way or the other.
KERRY: George Bush, who promised to be a uniter, has become the great divider.
CROWLEY: With Kerry's nomination all but assured, the primary states are pretty much backdrops now, places to warm up for a general election already boiling. And of course, places to look for cold cash.
(on camera): A little change of pace for Senator Kerry this afternoon, when he returns to Washington for a series of meetings with old friends and old foes. That will include a meet this afternoon with Howard Dean. Aides on both sides say they doubt anything major will come out of this session. It is just a continuation of their efforts to get to like one another.
Candy Crowley, CNN, Chicago.
(END VIDEOTAPE)
KAGAN: And now a political deja vu. Stop me if you've heard this one before. An election supervisor in Florida ordering a recount. Well, this time, the disputed county is not West Palm, but Bay County. And there's little ride on the outcome. John Kerry locked up about 77 percent of the state's vote, so the recount of 20,000 primary ballots won't affect the outcome. And this time around, the problem was not hanging chads, but a printing foible that affected the counting.
Yesterday John Allen Muhammad was sentenced to death for his role in the D.C. sniper shootings. Now his convicted partner is learning his sentence. We'll get the latest from Virginia.
(BEGIN VIDEO CLIP)
JAYSON BLAIR, FMR., WRITER, "THE NEW YORK Times": There are no excuses for it. There really are no explanations other than the fact that I made bad decisions.
(END VIDEO CLIP)
KAGAN: Yes. That's an understatement. Enough bad decisions to fill a book. Former "New York Times" writer Jayson Blair tells his story.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE (voice-over): Down here, Bertuzzi goes after him and he lands on him right there. And then...
UNIDENTIFIED MALE (voice-over): If you look at it, Bertuzzi...
(END VIDEO CLIP)
KAGAN: And when sports crosses a line, literally an attack in the NHL that could lead to legal trouble off the ice. Details a bit later on CNN LIVE TODAY.
And before that -- before we go to break, let's take a picture of President Bush getting on board Air Force 1, leaving Andrew's Air Force Base. As we said earlier with our report from Suzanne Malveaux, President Bush headed to Cleveland, Ohio today, to give a major economic speech. He'll be speaking before a women's entrepreneurialship group. You'll see that speech live, right here on CNN 12:00 noon Eastern, 9:00 a.m. Pacific.
Much more news ahead, we're back after this break.
(COMMERCIAL BREAK)
KAGAN: So Jacqui, we're bursting bubbles all over the place here this morning.
JACQUI JERAS, CNN METEOROLOGIST: We are?
KAGAN: Yes. You've got Congress looking at steroid in baseball and then the Maryland and JFK love letters.
JERAS: Yes?
KAGAN: Turns out they were fake.
JERAS: Fake?
KAGAN: Can you believe it? What can you believe in anymore?
JERAS: I'm shocked.
KAGAN: Well, there's a big fuss about it and how they are fake love letters. We're going to give you the details a bit later on CNN LIVE TODAY.
(COMMERCIAL BREAK) KAGAN: In Virginia, formal sentencing is under way for Lee Boyd Malvo, the teenager convicted of taking part in the Washington, D.C. area sniper spree. Ten people died in October of 2002. Malvo will be spared a similar fate of his partner.
Our Jeanne Meserve has the story.
(BEGIN VIDEOTAPE)
JEANNE MESERVE, HOMELAND SECURITY CORRESPONDENT (voice-over): Lee Boyd Malvo's attorneys say their client's final sentencing will be brief. The judge has no option but to endorse the jury's recommendation of life without parole, and their client will not speak. John Muhammad did speak at his court appearance, telling Judge Leroy Mallet, hade nothing to do with this; a reference to the sniper shootings that claimed 10 lives in the Washington area. But the judge reaffirm the jury's sentence of death saying these offenses were so vile that they were almost beyond comprehension.
More than 50 victim family members gathered for the closing scene in this drama, and they were gratified.
SONIA WILLIS, CONRAD JOHNSON'S MOTHER: Justice has been served. I can go to my son's grave and wish him a happy birthday on Sunday. Conrad would have been 37.
MESERVE: Muhammad's attorneys had urged the judge to reduce his sentence to life in prison without parole. "He was not born evil, he is not a virus. He is not the devil," said Jonathan Shapiro, maintaining that Muhammad had once led a life of value and could again.
JONATHAN SHAPIRO, MUHAMMAD'S ATTORNEY: Nothing was soft; in our view more pain is inflicted.
MESERVE: But prosecutor Paul Ebert said Muhammad's lack of remorse for his horrible crimes made death the appropriate and only appropriate sentence.
PAUL EBERT, PROSECUTOR: Counsel for the defense says he sees no evil in his client. I can't agree with that. I see nothing but evil.
MESERVE (on camera): After the sentencing, prosecutors from Malvo and Muhammad will announce where the two convicted snipers will be tried next. The expectation has been that they will swap prosecutions. But any additional trials of Malvo are likely to be delayed until after the Supreme Court rules on the constitutionality of executing juveniles.
Jeanne Meserve, CNN, Chesapeake, Virginia.
(END VIDEOTAPE)
KAGAN: Let's get some legal perspective on the sniper case. For that, we turn to former U.S. Attorney Kendall Coffey.
Kendall, good morning.
KENDALL COFFEY, FMR. U.S. ATTORNEY: Hey, good morning, Daryn.
KAGAN: Interesting how the justice system plays out here. You have circumstantial evidence on Muhammad; he's getting the death penalty. Stronger evidence on Malvo, but because of his age, he will be spared the death penalty.
COFFEY: Because of his age and also the argument that he was being, quote, "brain washed" under the dominance of Muhammad. Not enough to get him acquitted, but apparently enough to spare him the death penalty. Although, there were at least five jurors that thought he ought to be sentenced to death.
KAGAN: Well, and we look at what will take place today, it kind of is a done deal. Because in Virginia, isn't it true, the judge can take what the jury suggests and go lesser, but can't go more? So the judge can't step this up to the death penalty.
COFFEY: For now this is going to be a life sentence for Malvo. But as we just heard, there are other potential, murder charges that can be brought in Virginia. Meanwhile, 6 other states are lined up, including Maryland, where six of the murders were convicted. Some of those states have the death penalty for juvenile killers. Some of them don't. But as we know, the Supreme Court is going to look at that issue within 12 months.
And one of the interesting things bearing on all of this, Daryn, is whether from a perception standpoint, the fact that someone that looked as cold-blooded, as relentlessly evil as Malvo, if he becomes in effect, the picture on the poster for whether juveniles should be executed, that could weigh into the calculus. Twenty-one percent of the American people apparently believe in general that juvenile killers should not be executed. But when you plug in the name of Malvo, the number goes to at least 37 percent say, in his case, the death penalty is appropriate.
KAGAN: So there could be a difference as other states and jurisdictions line up and try to try him. In fact, we're getting word the sentencing has just been confirmed. So in Virginia, for this particular murder, he will receive life in prison and not the death penalty.
And our Jeanne Messerve is inside the court and we're going to bring her out in just a moment.
That did though, go down just exactly as we expected it to. As we were saying, and as you were pointing out and Jeanne Messerve, he could face the death penalty in other jurisdiction. But for Muhammad, what's the point of adding on these other trials? We are seeing, Kendall, a similar thing happen in Oklahoma City with Terry Nichols. A lot of people in Oklahoma are saying, you know what? It's done. Let's move on. Let's not spend the money on another trial.
COFFEY: If you were making just sort of a nuts and both calculus of the best what use of resources, dollars, things like that, there probably wouldn't be a compelling need to further prosecute Muhammad. Because he is in probably the fastest tracked execution of any state in the country, one of the reasons Attorney General Ashcroft, I think, selected Virginia as the first forum.
But what's also at issue here are the needs of victims' family members, who survived these horrible crimes to get some kind of closure, some kind of validation for their loss. And prosecutors around the country want to be sure what their own community has suffered gets its day in court. So whether it's efficient dollar wise or not, others want to see their own justice for what these two killers have done.
KAGAN: Kendall Coffey, thank you for your insight.
Once again, the breaking news out of Chesapeake, Virginia, Lee Boyd Malvo receiving life in prison for the murder of Linda Franklin. Actually, we have a prosecutor at the microphone. Let's go ahead and listen in to what the prosecutor has to say about this sentence. This is...
ROBERT E. HORAN, VIRGINIA COMMONWEALTH'S ATTY.: Probably step one in the prosecution of the sniper cases; there will be more to come in the future. It would be my belief that Fairfax County will wind up trying Muhammad for his crimes there. And Prince William will probably wind up trying Malvo for his crimes in that jurisdiction. So we're at Step 1.
The task force that has worked on this case is the best I've ever seen, and hopefully they are going to stay intact for Step 2 in the process. Any questions?
QUESTION: Do you have to file the paperwork to get Muhammad prosecuted? Is that something you've done?
HORAN: No, he's already been indicted in Fairfax County, more than a year ago.
QUESTION: Is there a double jeopardy question involving trying him again on a Virginia statute involving terrorism?
HORAN: No. They're independent crimes against independent jurisdictions.
QUESTION: How about timing? Do you know how soon you may move against Mr. Muhammad?
HORAN: Well, I don't -- that'll depend very much on the defense. We'd be ready to go, I would think, within 30 days. And as far as I'm concerned, the sooner the better.
QUESTION: To guard against -- in Muhammad's case, does it make any more sense to have another state prosecute him first because of the same appellate issues, where you might prosecute Mr. Muhammad could be the same?
HORAN: There are some questions, some unanswered questions about whether or not you could release him from Virginia, where there are charges pending in a number of jurisdictions, and allow him to go elsewhere for a prolonged period of time presumably. So it makes far more sense legally to end the matters in Virginia just as soon as we can end them.
QUESTION: Sir, you said...
QUESTION: Sir, if I'm not mistaken, you said you'd probably decide to prosecute. Is there any -- what could possibly make you determine otherwise?
HORAN: I never say never. I can't think of anything that would change my mind.
QUESTION: Mr. Horan, one more time. It was hard to hear you. What is Round 2? What will happen in Round 2?
HORAN: Round 2 will be the decision on whether we prosecute these two defendants elsewhere in Virginia. They have now been tried. Muhammad for crimes in Prince William. Malvo for crimes in Fairfax. There are pending charges in both jurisdictions against the other, and presumably, we've got to make some judgments on whether and how we're going to deal with those charges. There are outstanding criminal charges. Indictments in Fairfax, for example, for Muhammad, and those are indictments that have to be disposed of one way or the other.
QUESTION: Will there be the death penalty?
KAGAN: We've been listening into Robert Horan; he is the prosecutor in the case of Lee Boyd Malvo. And if you were with us, you saw the breaking news that the judge in that case has sentenced the 19-year-old to life in prison. He was convicted for the -- for gunning down FBI analyst Linda Franklin at a Home Depot in Falls Church, Virginia, back on October 14, 2002.
After -- as -- after Mr. Horan was explaining, next up is to decide if these two are going to now swap jurisdictions. One tried in the other county where the other one was just tried. John Allen Muhammad yesterday sentenced to death in the case of the Manassas, Virginia gas station shooting. Still a number of charges pending in Virginia, Maryland and four other states after that.
Much more on this story just ahead. Right now, we fit in a break.
(COMMERCIAL BREAK)
KAGAN: And once again we go back to our breaking news story out of Chesapeake, Virginia. Lee Boyd Malvo sentenced to life in prison for killing Linda Franklin at a Home Depot in Falls Church, Virginia in October 2002.
With more on this and what is next for Lee Boyd Malvo and his co- defendant, John Allen Muhammad, let's bring in Jeanne Messerve who was in the courtroom in Chesapeake.
Jeanne, hello.
MESERVE: Daryn, it was a very short proceeding. It only took about 12 minutes. Lee Malvo spoke only briefly to say, "Yes ma'am. Yes, ma'am," to the judge three times and to respond to questions from her. There were no Victim Impact Statements. All of this in contrast to the final sentence hearing yesterday for John Muhammad.
We did hear, however, from defense attorney Craig Cooley. He said that he and Mr. Malvo had read all the Victim Impact Statements and that they were very mindful of the pain of the families in this case. He said, "From our perspective, we see this as an additional tragedy. Lee knows he has much to face and much to pay for. He knows he cannot undo the damage that he has done."
Then Robert Horan spoke. He is the prosecutor in this case. He noted that the jury had found aggravating factors in the case of Lee Malvo, that they had found that he posed future dangerousness, that his crimes had been vile. He said, "The absolute egregiousness of this defendant's behavior called for the judge to impose the sentence, and she did so. In fact, she had no option here. The jury recommended life in prison without parole. She, her only option was to endorse that, and she did."
Now just moments ago, Robert Horan came to the microphones outside here. He indicated that this was the end of Phase 1. He said probably the next step would be for him to try John Muhammad. He indicated he might be ready to go against him in as soon as 30 days. As for Mr. Malvo, it's a little unclear. There have been a lot of talk that Prince William and Fairfax would switch cases. Therefore, Mr. Malvo would go next to Prince William County, which had prosecuted Mr. Muhammad last fall. We haven't gotten firm word on whether or not if that will be the case.
In any event, it is expected any prosecution of Malvo might be delayed until after the Supreme Court makes a ruling on a Missouri case currently before it, in which it will determine the constitutionality of executing juveniles.
There were victim families in the courtroom. Only about 20 or 25 of them as opposed to the 50 that were in the courtroom yesterday. We do expect that some of them might come to the microphones in a short time and speak to us about their view of what happened here today, in the final sentencing of Lee Boyd Malvo in this first trial against him for the sniper slayings.
Daryn, back it you.
KAGAN: And Jeanne, when those victims and the families come forward, we'll have those for our viewers here on CNN. Ques -- in fact, we have someone speaking right now. Let's go ahead and listen.
DOUG KEEFER, JUROR: Some people felt very strong about the life sentence, but I'm satisfied with it.
QUESTION: What do you feel about...
KEEFER: No, I'm satisfied.
QUESTION: Do you have an opinion on...
KEEFER: K-E-E-F-E-R.
QUESTION: I'm sorry sir. Do you have an opinion on whether other prosecutors they should seek the death sentence against Malvo? Or do you feel this is the proper sentence?
KEEFER: For me, the important part was a conviction of the capital murder charges...
QUESTION: (UNINTELLIGIBLE)
KEEFER: For me, the important part was a conviction of the capital murder charges with the terrorism and I was not as convicted on the life or the death sentence. To me, someone facing 50, 60 years incarcerated under those circumstances is punishment. And I'm satisfied that that decision was reached.
QUESTION: Why did you come here today?
KEEFER: Because I wanted to see this thing through to the end.
QUESTION: Are you still in touch with the other jurors?
KEEFER: No.
QUESTION: Can you explain why this jury did not give Malvo the death penalty?
KEEFER: I can only give you what my opinion is to that. I believe that, in my opinion, there was some influence from John Muhammad. He was a minor at the time in my mind. The one thing that stands out among this whole thing is I don't think he would have been here without Muhammad. But what concerns me more than anything else about the whole trial is fact that he was here in the first place. Lee Malvo came into this country as an illegal immigrant. He attended school in Florida and Washington. He was -- the FBI was called while he and Muhammad were at the mission in Washington.
And stated that Muhammad was flying and had cash in his hands and I think there was some failure to follow up there. And Malvo was arrested by the Immigration and Naturalization Service, was released. I think to a certain point...
KAGAN: We've been listening into a man named Doug Keefer. He identified himself as one of the jurors in the case. He said came down to today's sentencing of Lee Boyd Malvo to see the case all the way through. He said he was comfortable with how the judge carried out what the jury recommended. Life in prison for 19-year-old Lee Boyd Malvo for the killing of Linda Franklin back on October 14, 2002.
We are hearing from Jeanne Meserve that some of these family members might be coming to the microphone to share their feelings on the sentence and what would be next for John Allen Muhammad and Lee Boyd Malvo. When that happens, we'll show that to you live right here on CNN.
Right now, a quick break.
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