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Malvo Conversations With Guards to be Used at Trial

Aired September 02, 2003 - 13:4   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.


KYRA PHILLIPS, CNN ANCHOR: This just coming in to CNN right now -- teenage sniper suspect Lee Boyd Malvo and prison guards and their conversation. Will we hear about it? Will it be used in court? Our Patty Davis now live form D.C. with developing information -- Patty.
PATTY DAVIS, CNN NATIONAL CORRESPONDENT: That's right, Kyra. In fact, we will hear about that. A jury will hear incriminating statements allegedly made by sniper suspect Lee Boyd Malvo to prison guards at Baltimore Supermax the day that he was arrested in October.

Now Fairfax County Judge Jane Marum Roush ruling today that statements made without his lawyer present were voluntary and do not violate his right to counsel. Malvo's lawyers had argued that Malvo's chats with his prison guards were illegal, there were no Miranda rights given. But Judge Roush said that although the guards at times asked him questions, there's no evidence whatsoever the guards were deliberately eliciting incriminating information. That's her quote from her ruling today.

Now two prison guards testified that they asked Malvo while he was at the Supermax why he shot a middle school student. And guard Joseph Stracke says Malvo told him to get Montgomery County Police Chief Charles Moose upset. It worked, Malvo allegedly said. Moose was crying on TV.

Now the guard says Malvo told him the real plan at that school was to shoot an entire bus load of kids. But the bus just happened to pull in the wrong way that day. Malvo also allegedly spoke about plans to shoot a pregnant woman in Baltimore, but the plan called off, after a police helicopter flew overhead.

Now, those prison guards testified a couple weeks ago. And we got a first glimpse of a motive. One guard testifying that Malvo said the shootings mainly were for money. Now as you'll recall, the people who called in representing themselves as the sniper had called police and left notes demanding $10 million to stop the killings.

Malvo is charged in the sniper killings and shootings, along with 42-year-old John Muhammad. Both go on trial separately this fall -- Kyra.

PHILLIPS: Patty Davis, live from D.C., 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 September 2, 2003 - 13:4   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: This just coming in to CNN right now -- teenage sniper suspect Lee Boyd Malvo and prison guards and their conversation. Will we hear about it? Will it be used in court? Our Patty Davis now live form D.C. with developing information -- Patty.
PATTY DAVIS, CNN NATIONAL CORRESPONDENT: That's right, Kyra. In fact, we will hear about that. A jury will hear incriminating statements allegedly made by sniper suspect Lee Boyd Malvo to prison guards at Baltimore Supermax the day that he was arrested in October.

Now Fairfax County Judge Jane Marum Roush ruling today that statements made without his lawyer present were voluntary and do not violate his right to counsel. Malvo's lawyers had argued that Malvo's chats with his prison guards were illegal, there were no Miranda rights given. But Judge Roush said that although the guards at times asked him questions, there's no evidence whatsoever the guards were deliberately eliciting incriminating information. That's her quote from her ruling today.

Now two prison guards testified that they asked Malvo while he was at the Supermax why he shot a middle school student. And guard Joseph Stracke says Malvo told him to get Montgomery County Police Chief Charles Moose upset. It worked, Malvo allegedly said. Moose was crying on TV.

Now the guard says Malvo told him the real plan at that school was to shoot an entire bus load of kids. But the bus just happened to pull in the wrong way that day. Malvo also allegedly spoke about plans to shoot a pregnant woman in Baltimore, but the plan called off, after a police helicopter flew overhead.

Now, those prison guards testified a couple weeks ago. And we got a first glimpse of a motive. One guard testifying that Malvo said the shootings mainly were for money. Now as you'll recall, the people who called in representing themselves as the sniper had called police and left notes demanding $10 million to stop the killings.

Malvo is charged in the sniper killings and shootings, along with 42-year-old John Muhammad. Both go on trial separately this fall -- Kyra.

PHILLIPS: Patty Davis, live from D.C., 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