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American Morning

Sniper Trials, Legal Strategies

Aired November 17, 2003 - 07:17   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.


SOLEDAD O'BRIEN, CNN ANCHOR: For more on the Muhammad and Malvo trials, we're joined now by "Washington Post" reporter Sari Horwitz. She and a colleague, Michael Ruane, wrote a chronicle of the shooting spree, which is called "Sniper." She joins us from Washington this morning.
Sari, nice to see you. How are you?

SARI HORWITZ, CO-AUTHOR, "SNIPER": I'm good. How are you, Soledad?

O'BRIEN: I'm great, thanks.

Let's talk a little bit about the ongoing jury deliberations at the same time that this case -- that the trial is really just getting to its start. What are the complications here? Obviously, they picked a jury much faster in the Malvo case than anybody thought they would.

HORWITZ: Exactly. And it's just so fascinating, the juxtaposition of these two trials 15 miles away. The Muhammad trial in Virginia Beach is winding down. The jury is deliberating. And, of course, as you said, they picked the jury in the Malvo trial very quickly, and they need the evidence. That prosecutor Robert Horan needs the evidence for his case to open his argument.

The physical evidence, of course, the Bushmaster rifle and many of the other pieces of evidence, are in the hands of the Muhammad jury. But the prosecutor has compromised and said that he would use a replica of the Bushmaster gun for the Malvo trial and photographs of the evidence found in the Chevy Caprice instead of the actual evidence, so that there won't be a delay in the trial.

O'BRIEN: Who do you think we'll hear from first in the Malvo trial?

HORWITZ: Well, I think one of the first witnesses will certainly be Ted Franklin, the husband of Linda Franklin. Malvo is charged with her death. This is the former FBI employee. And Ted Franklin also testified in the Muhammad trial, wrenching, heart-breaking testimony. The jury will also hear the 911 call that he made, where he was sobbing and wailing. And, of course, they'll see horrific photographs of Linda Franklin, who was shot in that case.

The jury will also hear pretty early on probably from Mildred Muhammad, Muhammad's ex-wife, who doesn't know Malvo, but will testify about how manipulative John Muhammad is. O'BRIEN: You know, you talked a little bit about Ted Franklin, and you have to think for all the victims of this case, obviously just emotionally gut-wrenching. And to think that this will be the second time that they have to take the stand and kind of tell their story and relive the horrific events again, it must be incredibly hard on them. What's the prosecution doing to try to protect these witnesses emotionally?

HORWITZ: Well, that's interesting, because these witnesses are away from their homes and their support systems. The survivors are also coming back and having to go through this testimony again. And they've provided what they call a safe haven for them -- a room that is modeled after one used in the Oklahoma bombings case when those trials were moved to Denver; again, away from the families of these victims and survivors. So, there's a room set up with a television. There will be a chaplain there, a counselor, flowers, food, just to make them feel more comfortable, although this will be a very difficult experience for them.

O'BRIEN: Sari, we don't have a ton of time. But I wanted to ask you sort of a sense of the tone. Last trial -- or really first trial we really heard evidence piled upon evidence piled upon evidence.

HORWITZ: Exactly.

O'BRIEN: Do you really think we're going to hear more motive this time around?

HORWITZ: I do, Soledad. I think this trial is going to be very interesting, because we're going to hear more about the relationship between John Muhammad and Malvo. We explored this extensively for our book, "Sniper." We went across the country and talked to friends and relatives.

And we are going to be hearing from many of those friends and relatives in this trial, because, of course, at the heart of this trial is their relationship, because the defense is arguing that Muhammad indoctrinated and brainwashed Malvo. And to understand that defense, they're going to be bringing in people who will talk about the relationship. What was it? Was it a father-son relationship? What bound them together?

O'BRIEN: Sari Horwitz joining us this morning. Thanks so much, Sari. Nice to see you, as always. Appreciate it.

HORWITZ: Thank you, Soledad.

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 17, 2003 - 07:17   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: For more on the Muhammad and Malvo trials, we're joined now by "Washington Post" reporter Sari Horwitz. She and a colleague, Michael Ruane, wrote a chronicle of the shooting spree, which is called "Sniper." She joins us from Washington this morning.
Sari, nice to see you. How are you?

SARI HORWITZ, CO-AUTHOR, "SNIPER": I'm good. How are you, Soledad?

O'BRIEN: I'm great, thanks.

Let's talk a little bit about the ongoing jury deliberations at the same time that this case -- that the trial is really just getting to its start. What are the complications here? Obviously, they picked a jury much faster in the Malvo case than anybody thought they would.

HORWITZ: Exactly. And it's just so fascinating, the juxtaposition of these two trials 15 miles away. The Muhammad trial in Virginia Beach is winding down. The jury is deliberating. And, of course, as you said, they picked the jury in the Malvo trial very quickly, and they need the evidence. That prosecutor Robert Horan needs the evidence for his case to open his argument.

The physical evidence, of course, the Bushmaster rifle and many of the other pieces of evidence, are in the hands of the Muhammad jury. But the prosecutor has compromised and said that he would use a replica of the Bushmaster gun for the Malvo trial and photographs of the evidence found in the Chevy Caprice instead of the actual evidence, so that there won't be a delay in the trial.

O'BRIEN: Who do you think we'll hear from first in the Malvo trial?

HORWITZ: Well, I think one of the first witnesses will certainly be Ted Franklin, the husband of Linda Franklin. Malvo is charged with her death. This is the former FBI employee. And Ted Franklin also testified in the Muhammad trial, wrenching, heart-breaking testimony. The jury will also hear the 911 call that he made, where he was sobbing and wailing. And, of course, they'll see horrific photographs of Linda Franklin, who was shot in that case.

The jury will also hear pretty early on probably from Mildred Muhammad, Muhammad's ex-wife, who doesn't know Malvo, but will testify about how manipulative John Muhammad is. O'BRIEN: You know, you talked a little bit about Ted Franklin, and you have to think for all the victims of this case, obviously just emotionally gut-wrenching. And to think that this will be the second time that they have to take the stand and kind of tell their story and relive the horrific events again, it must be incredibly hard on them. What's the prosecution doing to try to protect these witnesses emotionally?

HORWITZ: Well, that's interesting, because these witnesses are away from their homes and their support systems. The survivors are also coming back and having to go through this testimony again. And they've provided what they call a safe haven for them -- a room that is modeled after one used in the Oklahoma bombings case when those trials were moved to Denver; again, away from the families of these victims and survivors. So, there's a room set up with a television. There will be a chaplain there, a counselor, flowers, food, just to make them feel more comfortable, although this will be a very difficult experience for them.

O'BRIEN: Sari, we don't have a ton of time. But I wanted to ask you sort of a sense of the tone. Last trial -- or really first trial we really heard evidence piled upon evidence piled upon evidence.

HORWITZ: Exactly.

O'BRIEN: Do you really think we're going to hear more motive this time around?

HORWITZ: I do, Soledad. I think this trial is going to be very interesting, because we're going to hear more about the relationship between John Muhammad and Malvo. We explored this extensively for our book, "Sniper." We went across the country and talked to friends and relatives.

And we are going to be hearing from many of those friends and relatives in this trial, because, of course, at the heart of this trial is their relationship, because the defense is arguing that Muhammad indoctrinated and brainwashed Malvo. And to understand that defense, they're going to be bringing in people who will talk about the relationship. What was it? Was it a father-son relationship? What bound them together?

O'BRIEN: Sari Horwitz joining us this morning. Thanks so much, Sari. Nice to see you, as always. Appreciate it.

HORWITZ: Thank you, Soledad.

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