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American Morning

Potentially Significant Twist Today in Sniper Shootings

Aired December 23, 2002 - 08:05   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.


BILL HEMMER, CNN ANCHOR: Paula, a potentially significant twist today in the D.C. area sniper shootings. The "New York Times" saying mounting evidence points to the younger of the two suspects, 17-year- old John Lee Malvo, as the triggerman in most, if not all, the D.C. area shootings. Prosecutors trying to get the death penalty against John Muhammad, who's 41 years old. But how can they do that if Muhammad never fired a shot?
Let's sort it out as best we can.

Our law enforcement analyst, Mike Brooks, now is live with us from the CNN Center.

Nice to see you, Mike.

Good morning to you.

MIKE BROOKS, LAW ENFORCEMENT ANALYST: Good morning, Bill.

HEMMER: How, then do you pursue the death penalty against a 41- year-old man if you cannot prove that he fired a shot? Is that possible?

BROOKS: It is possible, Bill, and here's the reason. Number one, we know that during the interviews after their arrest, Muhammad has said about 12 words period. So he's not giving up anything on himself. Malvo, on the other hand, is talking. But to pursue the death penalty, if these shootings were well planned and well carried out, you know, they were supposedly having like little scout, they'd go out on little scouting expeditions, they would set up their targets, if that was done by both men, you're showing involvement of Muhammad with Malvo.

Now, and the other theory is that maybe Muhammad, you know, there was a, you know, sensei (ph) and student relationship between these two. And, you know, Malvo is 17 years old, Muhammad 41 years old. Did Muhammad encourage Malvo, the 17-year-old, to do this, thinking that as a juvenile he may not be prosecuted as heavily as an adult would?

You know, these were some of the things that investigators are possibly looking at and that their thought processes were going through when they were, during the time that they were planning some of these attacks.

HEMMER: So you're saying because he may have driven the car and because he may have scouted a location, because he may have picked the spot and helped plan the in and the getaway route, he could be an accomplice in this matter?

BROOKS: Absolutely. And there's a new law in Virginia post- September 11 that basically says that the death sentence, you can be, you can get the death sentence for those convicted of ordering terrorist killings. Now, a lot of people have said well, is this a terrorist act what these two were doing? You know, if you look at the true definition of terrorism, you know, does it, it's done for political and social objectives. You know, what was the main motive behind these two?

We think right now, and it's early on, that they said it was for monetary. But is that really the true motive behind this? And I think as we move closer and as investigators follow more leads, they will be able to find out exactly what the motive behind the shootings were.

HEMMER: Do you believe the 17-year-old John Lee Malvo can escape the death penalty at this point, Mike, knowing if we only started in Virginia, you've got the D.C. area, you've got Maryland and possibly the potential for other states involved, as well?

BROOKS: I think that they will pursue it against him and I think that there is a good possibility he will get the death sentence as a 17-year-old. He most likely will be tried as an adult. He's been seen as competent and I believe that he will get the death penalty and it will be interesting, though, Bill, to see how the trial goes in Virginia. That will kind of set the precedent and kind of set the tone for the other venues of the, for, that the shootings occurred where they can be sentenced to death.

HEMMER: Put your law enforcement hat back on quickly. You say they have a "great case" against both these men. How so?

BROOKS: There's been a lot of evidence against Malvo, a lot of physical evidence against Malvo. You know, there are no witnesses, though.

HEMMER: Right.

BROOKS: But they do have, they do have statements from other people. They do have a lot of other evidence and they're running, still running down a lot of leads. They have a number, a large number of investigators still working on this case. They're running down leads every single day and getting more information. I think we're going to hear more about possibly what kind of good evidence they have against them as time goes on.

HEMMER: Thank you, Mike.

Mike Brooks at the CNN Center once again with the latest on that twist on the legal side in the case.

Mike, thanks.

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 23, 2002 - 08:05   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: Paula, a potentially significant twist today in the D.C. area sniper shootings. The "New York Times" saying mounting evidence points to the younger of the two suspects, 17-year- old John Lee Malvo, as the triggerman in most, if not all, the D.C. area shootings. Prosecutors trying to get the death penalty against John Muhammad, who's 41 years old. But how can they do that if Muhammad never fired a shot?
Let's sort it out as best we can.

Our law enforcement analyst, Mike Brooks, now is live with us from the CNN Center.

Nice to see you, Mike.

Good morning to you.

MIKE BROOKS, LAW ENFORCEMENT ANALYST: Good morning, Bill.

HEMMER: How, then do you pursue the death penalty against a 41- year-old man if you cannot prove that he fired a shot? Is that possible?

BROOKS: It is possible, Bill, and here's the reason. Number one, we know that during the interviews after their arrest, Muhammad has said about 12 words period. So he's not giving up anything on himself. Malvo, on the other hand, is talking. But to pursue the death penalty, if these shootings were well planned and well carried out, you know, they were supposedly having like little scout, they'd go out on little scouting expeditions, they would set up their targets, if that was done by both men, you're showing involvement of Muhammad with Malvo.

Now, and the other theory is that maybe Muhammad, you know, there was a, you know, sensei (ph) and student relationship between these two. And, you know, Malvo is 17 years old, Muhammad 41 years old. Did Muhammad encourage Malvo, the 17-year-old, to do this, thinking that as a juvenile he may not be prosecuted as heavily as an adult would?

You know, these were some of the things that investigators are possibly looking at and that their thought processes were going through when they were, during the time that they were planning some of these attacks.

HEMMER: So you're saying because he may have driven the car and because he may have scouted a location, because he may have picked the spot and helped plan the in and the getaway route, he could be an accomplice in this matter?

BROOKS: Absolutely. And there's a new law in Virginia post- September 11 that basically says that the death sentence, you can be, you can get the death sentence for those convicted of ordering terrorist killings. Now, a lot of people have said well, is this a terrorist act what these two were doing? You know, if you look at the true definition of terrorism, you know, does it, it's done for political and social objectives. You know, what was the main motive behind these two?

We think right now, and it's early on, that they said it was for monetary. But is that really the true motive behind this? And I think as we move closer and as investigators follow more leads, they will be able to find out exactly what the motive behind the shootings were.

HEMMER: Do you believe the 17-year-old John Lee Malvo can escape the death penalty at this point, Mike, knowing if we only started in Virginia, you've got the D.C. area, you've got Maryland and possibly the potential for other states involved, as well?

BROOKS: I think that they will pursue it against him and I think that there is a good possibility he will get the death sentence as a 17-year-old. He most likely will be tried as an adult. He's been seen as competent and I believe that he will get the death penalty and it will be interesting, though, Bill, to see how the trial goes in Virginia. That will kind of set the precedent and kind of set the tone for the other venues of the, for, that the shootings occurred where they can be sentenced to death.

HEMMER: Put your law enforcement hat back on quickly. You say they have a "great case" against both these men. How so?

BROOKS: There's been a lot of evidence against Malvo, a lot of physical evidence against Malvo. You know, there are no witnesses, though.

HEMMER: Right.

BROOKS: But they do have, they do have statements from other people. They do have a lot of other evidence and they're running, still running down a lot of leads. They have a number, a large number of investigators still working on this case. They're running down leads every single day and getting more information. I think we're going to hear more about possibly what kind of good evidence they have against them as time goes on.

HEMMER: Thank you, Mike.

Mike Brooks at the CNN Center once again with the latest on that twist on the legal side in the case.

Mike, thanks.

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