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American Morning

Week Two of Sniper Suspect's Trial Begins Today

Aired October 27, 2003 - 07:18   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.


MILES O'BRIEN, CNN ANCHOR: Week two for the D.C. sniper trial begins today. Prosecutors will continue making their murder case against John Muhammad, accused in last year's shooting rampage that left 10 dead.
CNN's Patty Davis has this report.

(BEGIN VIDEOTAPE)

PATTY DAVIS, CNN CORRESPONDENT (voice-over): As week two of testimony in John Muhammad's trial gets underway, the sniper suspect's attorneys are now back leading his defense. Last Monday, Muhammad stunned the courtroom when he announced he would defend himself, giving a rambling opening statement. Two days later, after complaining of a toothache, Muhammad relinquished control to his lawyers, who are now working to recover.

HENRY ASBILL, CRIMINAL DEFENSE ATTORNEY: They've got a million things to recover from during the course of this trial, and I know this is one of many.

DAVIS: But some say Muhammad's stint representing himself could make him more human to the jury.

NINA GINSBERG, CRIMINAL DEFENSE ATTORNEY: Well, it may make it more difficult to sentence him to death. But if the jurors believe that he did what he's accused of doing, it may not make a difference.

DAVIS: Muhammad is standing trial for the murder of Dean Meyers outside this Sonoco gas station in Manassas, Virginia. But prosecutors allege Muhammad's crime spree began months before the Washington-area sniper killings last October. Friday, they tried to link Muhammad and his alleged accomplice, Lee Boyd Malvo, to two murders in September -- that of Hong Im Ballenger in Louisiana and liquor store clerk Claudine Parker (ph) in Alabama.

CAROLYN KOCH, TRIAL CONSULTANT: This is the kind of evidence that's going to help the jurors make that decision about the death penalty, because you have so many serious crimes that lead up to the ultimate serious crime, which is the sniper crimes.

(END VIDEOTAPE)

DAVIS: This week, prosecutors are expected to turn to evidence about the D.C.-area sniper murders and Muhammad's alleged involvement in them. Lots of emotional testimony is expected. The trial gets underway a little later than normal today, about 11 a.m. Eastern -- Miles.

O'BRIEN: Patty, the specific charges against Muhammad are for one murder in this case. Why are we hearing about so many other alleged crimes?

DAVIS: Well, a good question, and there are two reasons prosecutors are lifting this string, shooting upon shooting upon shooting. No. 1, they claim that some of these shootings helped finance the D.C.-area sniper murders. And, No. 2, they have to prove under a capital murder case that there was more than one murder committed by him in a three-year period. Well, this is what they're attempting to do -- Miles.

O'BRIEN: CNN's Patty Davis in Virginia Beach, watching it for us there.

Let's turn now to Jeff Toobin, our legal analyst.

Jeff -- I suppose the defense would very well have liked to not have all of these previous crimes brought up in this case. Of course, the defense has been a little bit disorganized at the start of this, hasn't it?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, when the defendant represents himself, defense strategy sort of goes out the window and you sort of see what happens moment to moment. But, you know, the theme of the defense, at least legally, has been, this is excessive. There is too much evidence. The evidence is too graphic. There are too many crimes being charged, because, as you say, only one murder is officially before the jury.

But, you know, prosecutors do have a right to show this is part of a pattern. A terroristic campaign is part of the charges. So, I think the judge was right to let this stuff in.

O'BRIEN: Very graphic images presented to this jury. You've worked as a prosecutor in cases not unlike this in the past. Is there any downside, you know, potential backlash to showing this kind of graphic evidence?

TOOBIN: Well, in theory, the jury could say, god, the prosecution is just trying to gross us out, trying to engage our emotions. But the fact is, you know, these are horrible crimes. You know, when people are shot with high-powered rifles, they look terrible. And this is the implication of a case like this. And I don't really see any downside for the prosecution, because this is a horrible crime. And if they find that John Muhammad did it, you know, he's going to suffer accordingly.

O'BRIEN: The prosecution is kind of going through it step by step. It could take awhile to bring this case out completely.

TOOBIN: It's really remarkable when you think that they're not even up to the sniper trials. And one of the real challenges to the prosecution here is to simply have the jury be able to keep these all of these shootings straight. I mean, even those of us who are following, is that Louisiana, is that Alabama, which sniper shooting is it? I mean, it is complicated. I can see why they are trying to, you know, engage the jury emotionally for each one, just so the jury has some way to remember which is which.

O'BRIEN: Now that Muhammad has professional defense, I imagine they're rising to object quite frequently. They're not getting very far though, are they?

TOOBIN: They're not getting very far. And, you know, if you go to most trials, most objections are overruled. But just the sense that the defense is in there fighting, is in there, you know, engaging over -- and remember, there are some things that Muhammad has going for him. I mean, there are no eyewitnesses who say Muhammad shot these people. And Malvo is the one who is seen at these scenes with guns. So, Muhammad does have some things to work with, not a lot, but there is some possibility for the defense.

O'BRIEN: Jeff Toobin, thanks for the insights this morning.

TOOBIN: All right.

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 October 27, 2003 - 07:18   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: Week two for the D.C. sniper trial begins today. Prosecutors will continue making their murder case against John Muhammad, accused in last year's shooting rampage that left 10 dead.
CNN's Patty Davis has this report.

(BEGIN VIDEOTAPE)

PATTY DAVIS, CNN CORRESPONDENT (voice-over): As week two of testimony in John Muhammad's trial gets underway, the sniper suspect's attorneys are now back leading his defense. Last Monday, Muhammad stunned the courtroom when he announced he would defend himself, giving a rambling opening statement. Two days later, after complaining of a toothache, Muhammad relinquished control to his lawyers, who are now working to recover.

HENRY ASBILL, CRIMINAL DEFENSE ATTORNEY: They've got a million things to recover from during the course of this trial, and I know this is one of many.

DAVIS: But some say Muhammad's stint representing himself could make him more human to the jury.

NINA GINSBERG, CRIMINAL DEFENSE ATTORNEY: Well, it may make it more difficult to sentence him to death. But if the jurors believe that he did what he's accused of doing, it may not make a difference.

DAVIS: Muhammad is standing trial for the murder of Dean Meyers outside this Sonoco gas station in Manassas, Virginia. But prosecutors allege Muhammad's crime spree began months before the Washington-area sniper killings last October. Friday, they tried to link Muhammad and his alleged accomplice, Lee Boyd Malvo, to two murders in September -- that of Hong Im Ballenger in Louisiana and liquor store clerk Claudine Parker (ph) in Alabama.

CAROLYN KOCH, TRIAL CONSULTANT: This is the kind of evidence that's going to help the jurors make that decision about the death penalty, because you have so many serious crimes that lead up to the ultimate serious crime, which is the sniper crimes.

(END VIDEOTAPE)

DAVIS: This week, prosecutors are expected to turn to evidence about the D.C.-area sniper murders and Muhammad's alleged involvement in them. Lots of emotional testimony is expected. The trial gets underway a little later than normal today, about 11 a.m. Eastern -- Miles.

O'BRIEN: Patty, the specific charges against Muhammad are for one murder in this case. Why are we hearing about so many other alleged crimes?

DAVIS: Well, a good question, and there are two reasons prosecutors are lifting this string, shooting upon shooting upon shooting. No. 1, they claim that some of these shootings helped finance the D.C.-area sniper murders. And, No. 2, they have to prove under a capital murder case that there was more than one murder committed by him in a three-year period. Well, this is what they're attempting to do -- Miles.

O'BRIEN: CNN's Patty Davis in Virginia Beach, watching it for us there.

Let's turn now to Jeff Toobin, our legal analyst.

Jeff -- I suppose the defense would very well have liked to not have all of these previous crimes brought up in this case. Of course, the defense has been a little bit disorganized at the start of this, hasn't it?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, when the defendant represents himself, defense strategy sort of goes out the window and you sort of see what happens moment to moment. But, you know, the theme of the defense, at least legally, has been, this is excessive. There is too much evidence. The evidence is too graphic. There are too many crimes being charged, because, as you say, only one murder is officially before the jury.

But, you know, prosecutors do have a right to show this is part of a pattern. A terroristic campaign is part of the charges. So, I think the judge was right to let this stuff in.

O'BRIEN: Very graphic images presented to this jury. You've worked as a prosecutor in cases not unlike this in the past. Is there any downside, you know, potential backlash to showing this kind of graphic evidence?

TOOBIN: Well, in theory, the jury could say, god, the prosecution is just trying to gross us out, trying to engage our emotions. But the fact is, you know, these are horrible crimes. You know, when people are shot with high-powered rifles, they look terrible. And this is the implication of a case like this. And I don't really see any downside for the prosecution, because this is a horrible crime. And if they find that John Muhammad did it, you know, he's going to suffer accordingly.

O'BRIEN: The prosecution is kind of going through it step by step. It could take awhile to bring this case out completely.

TOOBIN: It's really remarkable when you think that they're not even up to the sniper trials. And one of the real challenges to the prosecution here is to simply have the jury be able to keep these all of these shootings straight. I mean, even those of us who are following, is that Louisiana, is that Alabama, which sniper shooting is it? I mean, it is complicated. I can see why they are trying to, you know, engage the jury emotionally for each one, just so the jury has some way to remember which is which.

O'BRIEN: Now that Muhammad has professional defense, I imagine they're rising to object quite frequently. They're not getting very far though, are they?

TOOBIN: They're not getting very far. And, you know, if you go to most trials, most objections are overruled. But just the sense that the defense is in there fighting, is in there, you know, engaging over -- and remember, there are some things that Muhammad has going for him. I mean, there are no eyewitnesses who say Muhammad shot these people. And Malvo is the one who is seen at these scenes with guns. So, Muhammad does have some things to work with, not a lot, but there is some possibility for the defense.

O'BRIEN: Jeff Toobin, thanks for the insights this morning.

TOOBIN: All right.

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