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CNN Live At Daybreak

John Muhammad Central Figure in Defense Case

Aired December 02, 2003 - 05:06   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: In the D.C. sniper trial of Lee Boyd Malvo today the judge could decide if John Muhammad's military records are admissible. The convicted sniper may not testify for Malvo.
But as CNN's Jeanne Meserve reports, he's a central figure in the defense case.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): In the midst of the sniper spree, Mildred Muhammad testified, she called 9/11 to report an old blue Caprice or Impala with New Jersey plates near her home in Maryland. The passenger put up a newspaper to obscure his face. The implication? It was her ex-husband, John Muhammad.

But Judge Jane Marum Roush did not allow Mildred Muhammad to testify about threats John Muhammad made against her. After Prosecutor Robert Horan vigorously objected to the defense theory that she was the ultimate target of the sniper attacks. That, he said, was a pipe dream, a convenient pipe dream, maintaining that the real motive was extortion.

John Muhammad was controlling, Mildred Muhammad testified. But, she said, he was like a magnet to children who needed a father figure. Lee Malvo was one of those children, according to his defense team. With a roster of witnesses from Antigua, they tried to show how, as Muhammad exerted influence, Malvo changed, converting to Islam and speaking more like an American.

CRAIG COOLEY, MALVO'S ATTORNEY: It's like putting one brick on top of another. It may, each brick may, in and of itself, not appear to be a structure, but when you finish putting them all together, I think the picture will be very clear.

MESERVE: Malvo's lawyers have subpoenaed Muhammad to appear in court.

MICHAEL ARIF, MALVO'S ATTORNEY: We would certainly like to have John Muhammad there so that the jury can get the full flavor of John Muhammad, the size difference, what the measure of the man is.

MESERVE (on camera): The judge is cool to the idea of transporting Muhammad simply for the purposes of a size comparison and Muhammad's attorneys have already made it clear he will not testify.

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 2, 2003 - 05:06   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: In the D.C. sniper trial of Lee Boyd Malvo today the judge could decide if John Muhammad's military records are admissible. The convicted sniper may not testify for Malvo.
But as CNN's Jeanne Meserve reports, he's a central figure in the defense case.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): In the midst of the sniper spree, Mildred Muhammad testified, she called 9/11 to report an old blue Caprice or Impala with New Jersey plates near her home in Maryland. The passenger put up a newspaper to obscure his face. The implication? It was her ex-husband, John Muhammad.

But Judge Jane Marum Roush did not allow Mildred Muhammad to testify about threats John Muhammad made against her. After Prosecutor Robert Horan vigorously objected to the defense theory that she was the ultimate target of the sniper attacks. That, he said, was a pipe dream, a convenient pipe dream, maintaining that the real motive was extortion.

John Muhammad was controlling, Mildred Muhammad testified. But, she said, he was like a magnet to children who needed a father figure. Lee Malvo was one of those children, according to his defense team. With a roster of witnesses from Antigua, they tried to show how, as Muhammad exerted influence, Malvo changed, converting to Islam and speaking more like an American.

CRAIG COOLEY, MALVO'S ATTORNEY: It's like putting one brick on top of another. It may, each brick may, in and of itself, not appear to be a structure, but when you finish putting them all together, I think the picture will be very clear.

MESERVE: Malvo's lawyers have subpoenaed Muhammad to appear in court.

MICHAEL ARIF, MALVO'S ATTORNEY: We would certainly like to have John Muhammad there so that the jury can get the full flavor of John Muhammad, the size difference, what the measure of the man is.

MESERVE (on camera): The judge is cool to the idea of transporting Muhammad simply for the purposes of a size comparison and Muhammad's attorneys have already made it clear he will not testify.

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