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American Morning
John Lee Malvo Back in Court Today
Aired January 15, 2003 - 09:11 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.
BILL HEMMER, CNN ANCHOR: A significant case again continues in court. Seventeen-year-old sniper suspect John Lee Malvo back in court today. The second day of the hearing to try and determine whether he should be tried as an adult for capital murder. If tried as an adult, if convicted as an adult, Malvo would face the death penalty.
More on that hearing with Patty Davis live in Fairfax.
Patty, good morning.
PATTY DAVIS, CNN CORRESPONDENT: Bill, dramatic testimony yesterday from the husband of Linda Franklin. Now, Franklin was gunned down yesterday in the parking lot of the Home Depot in Falls Church, Virginia on October 14th, and Malvo has been charged with her killing. William Franklin tearfully told the court yesterday that he and his wife had been loading their car, they've been trying to fit a shelf in there, they were having a hard time fitting it in. He bent over to shove it in, and heard a big, loud bang. He thought it was a piece of lumber smacking on the ground. Turned around to see his wife had been shot in the head. He leaned over, held her until police came, later realizing that a spray that he had felt across his face when he heard that bang was, indeed, his wife's blood.
Now, the prosecutor says that he, indeed, can tie four of those slayings to Malvo, actually four shootings. Three were three slayings, one shooting. One of those people survived. Common denominator in all of them, they were involved a rifle ambush. The rifle had Malvo's fingerprints on it, and the weapon has been linked by the ATF to these killings and shootings at the murder weapon. It was found in the car that Malvo was arrested in.
At least 10 to perhaps 15 more witnesses expected today. If a judge finds probable cause that Malvo may have committed murder, this case goes on to the grand jury, and then presuming the grand jury passes an indictment on Malvo, he would be tried as an adult in adult court.
HEMMER: Patty, what are you hearing from legal experts? There's been a number of witnesses thrown on the stand yesterday, more again today. It's been at least a day and a half right now for the hearing before you get a decision. Why taking it so long, and why is it the prosecutors are putting so much information out there right now in this case?
DAVIS: Well, they need to convince the judge in this case of probable cause, that there was a murder committed. They are bringing up some the evidence they had in order to do that. Now, the legal experts are telling us that this is not going to be very difficult to prove. In fact, there is not a doubt in the mind of many defense lawyers here in the state of Virginia that the judge will, indeed, say this case needs to go to adult court , and he will be tried.
HEMMER: We'll watch it. Patty Davis, thanks. Patty Davis in Fairfax
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 January 15, 2003 - 09:11 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: A significant case again continues in court. Seventeen-year-old sniper suspect John Lee Malvo back in court today. The second day of the hearing to try and determine whether he should be tried as an adult for capital murder. If tried as an adult, if convicted as an adult, Malvo would face the death penalty.
More on that hearing with Patty Davis live in Fairfax.
Patty, good morning.
PATTY DAVIS, CNN CORRESPONDENT: Bill, dramatic testimony yesterday from the husband of Linda Franklin. Now, Franklin was gunned down yesterday in the parking lot of the Home Depot in Falls Church, Virginia on October 14th, and Malvo has been charged with her killing. William Franklin tearfully told the court yesterday that he and his wife had been loading their car, they've been trying to fit a shelf in there, they were having a hard time fitting it in. He bent over to shove it in, and heard a big, loud bang. He thought it was a piece of lumber smacking on the ground. Turned around to see his wife had been shot in the head. He leaned over, held her until police came, later realizing that a spray that he had felt across his face when he heard that bang was, indeed, his wife's blood.
Now, the prosecutor says that he, indeed, can tie four of those slayings to Malvo, actually four shootings. Three were three slayings, one shooting. One of those people survived. Common denominator in all of them, they were involved a rifle ambush. The rifle had Malvo's fingerprints on it, and the weapon has been linked by the ATF to these killings and shootings at the murder weapon. It was found in the car that Malvo was arrested in.
At least 10 to perhaps 15 more witnesses expected today. If a judge finds probable cause that Malvo may have committed murder, this case goes on to the grand jury, and then presuming the grand jury passes an indictment on Malvo, he would be tried as an adult in adult court.
HEMMER: Patty, what are you hearing from legal experts? There's been a number of witnesses thrown on the stand yesterday, more again today. It's been at least a day and a half right now for the hearing before you get a decision. Why taking it so long, and why is it the prosecutors are putting so much information out there right now in this case?
DAVIS: Well, they need to convince the judge in this case of probable cause, that there was a murder committed. They are bringing up some the evidence they had in order to do that. Now, the legal experts are telling us that this is not going to be very difficult to prove. In fact, there is not a doubt in the mind of many defense lawyers here in the state of Virginia that the judge will, indeed, say this case needs to go to adult court , and he will be tried.
HEMMER: We'll watch it. Patty Davis, thanks. Patty Davis in Fairfax
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
