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Court Rulings on Sniper Case

Aired November 15, 2002 - 13:11   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.


MARTIN SAVIDGE, CNN ANCHOR: Two court rulings today involving the D.C.-area sniper case. In one, a Fairfax County, Virginia judge denied a request to block law enforcement officials from publicly discussing the details of the case. And then, in another, the court denied a motion by suspect John Lee Malvo's guardian to move the 17- year-old suspect to a juvenile detention facility.
CNN's Kathleen Koch, live in Fairfax, Virginia -- Kathleen, what was this move about to get him into the juvenile facility?

KATHLEEN KOCH, CNN CORRESPONDENT: Well, Marty, we heard some of these very same arguments a week ago in juvenile court, and this was when the court appointed a guardian, Todd Petit, who said this young man is 17 years old, it is inappropriate that he be held in an adult jail.

He said that the state, that the county hadn't proved that this young man was any threat to other juvenile prisoners at the juvenile detention facility, or to the staff, and that that was the most appropriate place for him to be.

However, Fairfax County prosecuting attorney Robert Horan really won the day here and persuaded now a second judge, just as he did a week ago, that indeed, Malvo was a threat, that he was a flight risk after that attempt a few weeks ago in Montgomery County -- or in Baltimore, I believe, to try and escape, to climb through the ceiling tiles.

So the judge ruled he should, indeed, stay at the higher security adult facility, and then, about an hour ago, there was a decision that came forth, again, on whether or not the media, there should be some sort of gag order on what was being passed on to the media by law enforcement in the case.

This was the attorney for John Allen Muhammad who was making the arguments before Judge Langhorne Keith here in Fairfax County circuit court, and he was very incensed, he called the behavior of law enforcement in this case outrageous, and reprehensible for these apparent leaks that occurred last week, leaking some of the apparent -- an apparent confession that Malvo had made to law enforcement authorities, claiming that, indeed, he was responsible, allegedly responsible for some of the sniper killings.

(BEGIN VIDEO CLIP)

PETER GREENSPUN, MUHAMMAD'S ATTORNEY: When someone goes behind the rules like this, the law enforcement officer knows better. The Fairfax County Police have rules about the disclosure of information.

I believe the FBI has rules about the disclosure of information. The rule is simple. You don't disclose the information. You give it to the prosecuting attorney. So when law enforcement people, very quickly, within hours of this kid's interrogation, disclosed that information, they're affirmatively, knowingly, willingly, you know, breaking the rule, and doing what they can to deprive Mr. Muhammad of a fair trial.

(END VIDEO CLIP)

KOCH: Now, Judge Keith said, though, he was also outraged by the leaks to the media, that Peter Greenspun needed to do more to really show some evidence as to who was doing the leaking, that you simply couldn't point your finger at Fairfax County Police, Fairfax County authorities because the FBI was involved.

The leak could have come from any number of places. And we're right now waiting for a hearing that will take place at 3:00 where the Fairfax County prosecuting attorney will argue for the dismissal of the court appointed guardian of John Lee Malvo, saying that now that Malvo has an attorney, that it is duplicated, that he doesn't need a guardian as well -- Marty.

SAVIDGE: Kathleen, there has been a lot of leaking going on, and the judge says he is not quite clear where it's coming from, but we seem to know, it is coming from the government.

KOCH: Well, Marty, there are a lot of different jurisdictions involved in these cases, and while we have learned that, again, it was one Fairfax County Police detective and one FBI detective who were involved in the interrogation of Malvo last week, last Thursday when he was brought here to Fairfax County.

A lot of different jurisdictions then apparently have access to the results of that questioning. Perhaps the ATF, other FBI agents, and perhaps all of this again is then passed on to other jurisdictions that are bringing charges in the case. So it's very, very difficult to nail it down as to who put the information out.

SAVIDGE: Kathleen Koch live from Fairfax County, Virginia, we thank you.

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 15, 2002 - 13:11   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MARTIN SAVIDGE, CNN ANCHOR: Two court rulings today involving the D.C.-area sniper case. In one, a Fairfax County, Virginia judge denied a request to block law enforcement officials from publicly discussing the details of the case. And then, in another, the court denied a motion by suspect John Lee Malvo's guardian to move the 17- year-old suspect to a juvenile detention facility.
CNN's Kathleen Koch, live in Fairfax, Virginia -- Kathleen, what was this move about to get him into the juvenile facility?

KATHLEEN KOCH, CNN CORRESPONDENT: Well, Marty, we heard some of these very same arguments a week ago in juvenile court, and this was when the court appointed a guardian, Todd Petit, who said this young man is 17 years old, it is inappropriate that he be held in an adult jail.

He said that the state, that the county hadn't proved that this young man was any threat to other juvenile prisoners at the juvenile detention facility, or to the staff, and that that was the most appropriate place for him to be.

However, Fairfax County prosecuting attorney Robert Horan really won the day here and persuaded now a second judge, just as he did a week ago, that indeed, Malvo was a threat, that he was a flight risk after that attempt a few weeks ago in Montgomery County -- or in Baltimore, I believe, to try and escape, to climb through the ceiling tiles.

So the judge ruled he should, indeed, stay at the higher security adult facility, and then, about an hour ago, there was a decision that came forth, again, on whether or not the media, there should be some sort of gag order on what was being passed on to the media by law enforcement in the case.

This was the attorney for John Allen Muhammad who was making the arguments before Judge Langhorne Keith here in Fairfax County circuit court, and he was very incensed, he called the behavior of law enforcement in this case outrageous, and reprehensible for these apparent leaks that occurred last week, leaking some of the apparent -- an apparent confession that Malvo had made to law enforcement authorities, claiming that, indeed, he was responsible, allegedly responsible for some of the sniper killings.

(BEGIN VIDEO CLIP)

PETER GREENSPUN, MUHAMMAD'S ATTORNEY: When someone goes behind the rules like this, the law enforcement officer knows better. The Fairfax County Police have rules about the disclosure of information.

I believe the FBI has rules about the disclosure of information. The rule is simple. You don't disclose the information. You give it to the prosecuting attorney. So when law enforcement people, very quickly, within hours of this kid's interrogation, disclosed that information, they're affirmatively, knowingly, willingly, you know, breaking the rule, and doing what they can to deprive Mr. Muhammad of a fair trial.

(END VIDEO CLIP)

KOCH: Now, Judge Keith said, though, he was also outraged by the leaks to the media, that Peter Greenspun needed to do more to really show some evidence as to who was doing the leaking, that you simply couldn't point your finger at Fairfax County Police, Fairfax County authorities because the FBI was involved.

The leak could have come from any number of places. And we're right now waiting for a hearing that will take place at 3:00 where the Fairfax County prosecuting attorney will argue for the dismissal of the court appointed guardian of John Lee Malvo, saying that now that Malvo has an attorney, that it is duplicated, that he doesn't need a guardian as well -- Marty.

SAVIDGE: Kathleen, there has been a lot of leaking going on, and the judge says he is not quite clear where it's coming from, but we seem to know, it is coming from the government.

KOCH: Well, Marty, there are a lot of different jurisdictions involved in these cases, and while we have learned that, again, it was one Fairfax County Police detective and one FBI detective who were involved in the interrogation of Malvo last week, last Thursday when he was brought here to Fairfax County.

A lot of different jurisdictions then apparently have access to the results of that questioning. Perhaps the ATF, other FBI agents, and perhaps all of this again is then passed on to other jurisdictions that are bringing charges in the case. So it's very, very difficult to nail it down as to who put the information out.

SAVIDGE: Kathleen Koch live from Fairfax County, Virginia, we thank you.

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