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American Morning

Sniper Trials: Tale of Two Courtrooms

Aired November 10, 2003 - 07:08   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: The two D.C. sniper suspects will be in separate courtrooms today in the state of Virginia. While Lee Boyd Malvo's murder trial begins in Chesapeake, a few miles away prosecutors are now ready to rest their case against John Muhammad.
Let's start there today in Virginia Beach. Here's Jeanne Meserve.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): Lee Malvo was only 17 at the time of the crimes, and his youth may be what saves his life. His attorneys will present an insanity defense, arguing Malvo was under the sway of the older John Muhammad.

CRAIG COOLEY, MALVO'S ATTORNEY: This case is so bizarre in its facts and the degree of indoctrination is so significant in this case that we would be remiss in our responsibilities if we failed to put that issue forward for a jury to make a determination.

MESERVE: But Malvo's prosecutor calls that the "Flip Wilson defense."

ROBERT HORAN, PROSECUTOR: The devil made me do it. I mean, that's in essence what the brainwashed defense is. I'm not responsible, the devil made me do it. I don't think people tend to believe that sort of thing.

MESERVE: Voluminous evidence against Malvo has come out in the John Muhammad trial.

ABBE SMITH, GEORGETOWN LAW CENTER: The Muhammad trial, you know, has pretty much convicted Malvo. It's been all about Malvo.

MESERVE: Malvo was arrested with Muhammad in the Chevy Caprice. On the Bushmaster rifle ballistically linked with the crimes, Malvo's DNA and fingerprints, which are also found on a tarot card, extortion notes and a laptop computer.

During Muhammad's trial, witnesses testified they saw Malvo fleeing some shootings. Investigators identified Malvo's voice on a call making monetary demands.

UNIDENTIFIED MALE: We are the people that are causing the killings in your area.

MESERVE: And then there is that picture of Lee Malvo in a t- shirt that reads, "Sniper." But the most damaging evidence may be Malvo's alleged confessions to prison guards and detectives.

Jeanne Meserve, CNN, Chesapeake, Virginia.

(END VIDEOTAPE)

HEMMER: With us now from D.C. to talk more about the trial of Lee Boyd Malvo, "Washington Post" reporter Sari Horwitz, co-author of the book, "Sniper," that recounts the shooting spree.

Sari, welcome back. Nice to have you with us here on AMERICAN MORNING.

SARI HORWITZ, CO-AUTHOR, "SNIPER": Thank you. Good morning, Bill.

HEMMER: Lee Boyd Malvo was cited for talking on numerous occasions -- three I believe. Is that the strongest evidence to the prosecution, his own words?

HORWITZ: It's very strong. You know, Bill, this is going to be a fascinating trial, because in the Muhammad trial, Muhammad never talked to the police after he was arrested. But Malvo, after he was arrested and sent to Virginia, spoke to the police and the FBI for six hours. And it's chilling in its details. It may not all come out in court, but we have the confession in the book, "Sniper."

HEMMER: When Lee Boyd Malvo has been led into the trial in the courtroom of John Muhammad on numerous occasions in his case. Do we expect the same in reverse?

HORWITZ: Probably not. We haven't heard anything about Muhammad being brought into the Malvo trial. I think that what will be brought up in this trial is the tremendous amount of forensic evidence -- the DNA, fingerprints -- but specifically the confession, where Malvo talks about their tactics, his feelings about the crimes. He laughs. He's proud. He boasts. He says he would do it all again very chilling the confession is, which is why the defense team has sought the insanity defense. They really were stuck with this very incriminating and detailed confession.

HEMMER: Yes, how then do the defense attorneys then bring John Muhammad into this trial, trying to convince jurors that Lee Boyd Malvo -- at the time aged 17 -- was brainwashed effectively?

HORWITZ: Well, what the defense team will do is bring in people from Malvo's past. People we interviewed for the book from Jamaica and Antigua were saying that Malvo, when he grew up, was a very sweet, kind, obedient, smart child up until the age about 14.

And then he met John Muhammad in the year 2000, and everything began to change. He converted from being a Seventh Day Adventist to Islam. He started quoting the Quran. He dropped out of school. And when he had the chance to be with his mother again in America, he said no, and he chose to be with John Muhammad. That's what the defense team will focus on -- these two different pictures of Lee Malvo. HEMMER: Do you expect Lee Boyd Malvo to get up in court and say he wants to defend himself, much like John Muhammad did in the early days of his case?

HORWITZ: No, I don't think that he'll get up and fire his lawyers basically, like John Muhammad did, and take over the case. I don't think we'll see that. We may see him testify. He may talk about the indoctrination and the alleged brainwashing. I don't think he'll take over the case like John Muhammad did. They're two different people. John Muhammad is a very controlling, manipulative person. We don't see that in Lee Malvo.

HEMMER: Sari Horwitz, thanks -- co-author of the book, "Sniper." We'll speak again. Appreciate it.

HORWITZ: Thank you. Thank you, Bill.

HEMMER: OK.

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 November 10, 2003 - 07:08   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: The two D.C. sniper suspects will be in separate courtrooms today in the state of Virginia. While Lee Boyd Malvo's murder trial begins in Chesapeake, a few miles away prosecutors are now ready to rest their case against John Muhammad.
Let's start there today in Virginia Beach. Here's Jeanne Meserve.

(BEGIN VIDEOTAPE)

JEANNE MESERVE, CNN CORRESPONDENT (voice-over): Lee Malvo was only 17 at the time of the crimes, and his youth may be what saves his life. His attorneys will present an insanity defense, arguing Malvo was under the sway of the older John Muhammad.

CRAIG COOLEY, MALVO'S ATTORNEY: This case is so bizarre in its facts and the degree of indoctrination is so significant in this case that we would be remiss in our responsibilities if we failed to put that issue forward for a jury to make a determination.

MESERVE: But Malvo's prosecutor calls that the "Flip Wilson defense."

ROBERT HORAN, PROSECUTOR: The devil made me do it. I mean, that's in essence what the brainwashed defense is. I'm not responsible, the devil made me do it. I don't think people tend to believe that sort of thing.

MESERVE: Voluminous evidence against Malvo has come out in the John Muhammad trial.

ABBE SMITH, GEORGETOWN LAW CENTER: The Muhammad trial, you know, has pretty much convicted Malvo. It's been all about Malvo.

MESERVE: Malvo was arrested with Muhammad in the Chevy Caprice. On the Bushmaster rifle ballistically linked with the crimes, Malvo's DNA and fingerprints, which are also found on a tarot card, extortion notes and a laptop computer.

During Muhammad's trial, witnesses testified they saw Malvo fleeing some shootings. Investigators identified Malvo's voice on a call making monetary demands.

UNIDENTIFIED MALE: We are the people that are causing the killings in your area.

MESERVE: And then there is that picture of Lee Malvo in a t- shirt that reads, "Sniper." But the most damaging evidence may be Malvo's alleged confessions to prison guards and detectives.

Jeanne Meserve, CNN, Chesapeake, Virginia.

(END VIDEOTAPE)

HEMMER: With us now from D.C. to talk more about the trial of Lee Boyd Malvo, "Washington Post" reporter Sari Horwitz, co-author of the book, "Sniper," that recounts the shooting spree.

Sari, welcome back. Nice to have you with us here on AMERICAN MORNING.

SARI HORWITZ, CO-AUTHOR, "SNIPER": Thank you. Good morning, Bill.

HEMMER: Lee Boyd Malvo was cited for talking on numerous occasions -- three I believe. Is that the strongest evidence to the prosecution, his own words?

HORWITZ: It's very strong. You know, Bill, this is going to be a fascinating trial, because in the Muhammad trial, Muhammad never talked to the police after he was arrested. But Malvo, after he was arrested and sent to Virginia, spoke to the police and the FBI for six hours. And it's chilling in its details. It may not all come out in court, but we have the confession in the book, "Sniper."

HEMMER: When Lee Boyd Malvo has been led into the trial in the courtroom of John Muhammad on numerous occasions in his case. Do we expect the same in reverse?

HORWITZ: Probably not. We haven't heard anything about Muhammad being brought into the Malvo trial. I think that what will be brought up in this trial is the tremendous amount of forensic evidence -- the DNA, fingerprints -- but specifically the confession, where Malvo talks about their tactics, his feelings about the crimes. He laughs. He's proud. He boasts. He says he would do it all again very chilling the confession is, which is why the defense team has sought the insanity defense. They really were stuck with this very incriminating and detailed confession.

HEMMER: Yes, how then do the defense attorneys then bring John Muhammad into this trial, trying to convince jurors that Lee Boyd Malvo -- at the time aged 17 -- was brainwashed effectively?

HORWITZ: Well, what the defense team will do is bring in people from Malvo's past. People we interviewed for the book from Jamaica and Antigua were saying that Malvo, when he grew up, was a very sweet, kind, obedient, smart child up until the age about 14.

And then he met John Muhammad in the year 2000, and everything began to change. He converted from being a Seventh Day Adventist to Islam. He started quoting the Quran. He dropped out of school. And when he had the chance to be with his mother again in America, he said no, and he chose to be with John Muhammad. That's what the defense team will focus on -- these two different pictures of Lee Malvo. HEMMER: Do you expect Lee Boyd Malvo to get up in court and say he wants to defend himself, much like John Muhammad did in the early days of his case?

HORWITZ: No, I don't think that he'll get up and fire his lawyers basically, like John Muhammad did, and take over the case. I don't think we'll see that. We may see him testify. He may talk about the indoctrination and the alleged brainwashing. I don't think he'll take over the case like John Muhammad did. They're two different people. John Muhammad is a very controlling, manipulative person. We don't see that in Lee Malvo.

HEMMER: Sari Horwitz, thanks -- co-author of the book, "Sniper." We'll speak again. Appreciate it.

HORWITZ: Thank you. Thank you, Bill.

HEMMER: OK.

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