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American Morning

Sniper Hearing

Aired December 30, 2002 - 09:36   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.


LEON HARRIS, CNN ANCHOR: Back to court today for the attorneys in the D.C.-area sniper shootings case. Attorneys for 17-year-old John Lee Malvo are demanding a copy of the statement that their client allegedly made to police. Patty Davis joins us live from Fairfax County, Virginia. She's got a preview.
Hello, Patty.

PATTY DAVIS, CNN CORRESPONDENT: Hi, Leon.

Defense attorneys say that they need more evidence from prosecutors to help them defend 17-year-old John Lee Malvo, a juvenile who is facing the death penalty, in particular, as you said, statements allegedly made by Malvo, claiming credit for at least two of the sniper killings. The first of that of Linda Franklin, the 47- year-old FBI analyst at a Home Depot in Falls Church, Virginia, and also the elderly black man, Pascal Sharlow (ph) in Northwest Washington D.C.

Virginia law limits the amount of information that has to be turned over from prosecutors to defense attorneys. Now, this skirmish today in court setting a stage for a very important hearing, and that is taking place January 14th and 15th the, preliminary hearing for John Lee Malvo, In which a judge will decide, should Malvo be tried as an adult?

Now, meanwhile, Malvo's alleged accomplice, John Muhammad is in a separate jail. He'll be tried separately. His court date has been for October 14th, ironically, a year from the day of Linda Franklin's murder at that Home Depot. Now, under Virginia law, prosecutors must prove each of these men are -- committed -- pulled the trigger actually, committed the murder, for the murderers of which they are accused of, to get the death penalty. They are also charged around a new Virginia antiterrorism statute. That was put into effect and passed by the legislature after the September 11th terror attacks. They could also get the death penalty for that. But under that antiterrorism statute, it could be contested. It has never been used before.

Back to you, Leon.

HARRIS: All right, thanks, Patty. Patty Davis reporting live for us from Fairfax County, Virginia.

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 30, 2002 - 09:36   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
LEON HARRIS, CNN ANCHOR: Back to court today for the attorneys in the D.C.-area sniper shootings case. Attorneys for 17-year-old John Lee Malvo are demanding a copy of the statement that their client allegedly made to police. Patty Davis joins us live from Fairfax County, Virginia. She's got a preview.
Hello, Patty.

PATTY DAVIS, CNN CORRESPONDENT: Hi, Leon.

Defense attorneys say that they need more evidence from prosecutors to help them defend 17-year-old John Lee Malvo, a juvenile who is facing the death penalty, in particular, as you said, statements allegedly made by Malvo, claiming credit for at least two of the sniper killings. The first of that of Linda Franklin, the 47- year-old FBI analyst at a Home Depot in Falls Church, Virginia, and also the elderly black man, Pascal Sharlow (ph) in Northwest Washington D.C.

Virginia law limits the amount of information that has to be turned over from prosecutors to defense attorneys. Now, this skirmish today in court setting a stage for a very important hearing, and that is taking place January 14th and 15th the, preliminary hearing for John Lee Malvo, In which a judge will decide, should Malvo be tried as an adult?

Now, meanwhile, Malvo's alleged accomplice, John Muhammad is in a separate jail. He'll be tried separately. His court date has been for October 14th, ironically, a year from the day of Linda Franklin's murder at that Home Depot. Now, under Virginia law, prosecutors must prove each of these men are -- committed -- pulled the trigger actually, committed the murder, for the murderers of which they are accused of, to get the death penalty. They are also charged around a new Virginia antiterrorism statute. That was put into effect and passed by the legislature after the September 11th terror attacks. They could also get the death penalty for that. But under that antiterrorism statute, it could be contested. It has never been used before.

Back to you, Leon.

HARRIS: All right, thanks, Patty. Patty Davis reporting live for us from Fairfax County, Virginia.

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