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American Morning

Sniper Trials

Aired November 25, 2003 - 09:08   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.


SOLEDAD O'BRIEN, CNN ANCHOR: February 12th, as we just heard, is the date for that formal sentencing. "Washington Post" reporter Sari Horowitz has been following both sniper trials. She's also the co- author of "Sniper," a book which recounts the terror of the shooting spree. She joins us this morning from Washington.
Nice to see you, Sari. Thanks for joining us.

SARI HOROWITZ, "THE WASHINGTON POST": Thanks. Good morning, Soledad.

O'BRIEN: Any surprise from you that the jury recommended death?

HOROWITZ: This was not a surprise to me, Soledad. I mean, this is what the United States government wanted. John Ashcroft and the Justice Department, you know, sent this case to Virginia originally because of the likelihood to get the death penalty. They sent it to one of the best prosecutors in the state; Paul Ebert has sent a dozen people to death row. And the evidence in this case was overwhelming. It was such a powerful case. DNA, fingerprints, ballistics, over 400 pieces of evidence and 150 witnesses, and really wrenching testimony from some of the witnesses, like you probably remember Ted Franklin, whose wife was killed at the Home Depot, who testified that, you know, her head was -- she was shot in the head and her brain splattered on his face.

O'BRIEN: In addition to all those very dramatic and very emotional words that were heard by the jurors, though, it seemed that some of them were affected by the fact that John Muhammad really seemed to show no reaction during the trial, that they searched his face to see what he would look like when this testimony was coming across. Is that your sense?

HOROWITZ: Soledad, you're right. There was not a flicker of emotion from John Muhammad. This is the way he was during the entire trial, no emotion, and that did not help his cause. We heard jurors yesterday say that he showed no remorse. Michael Ruane (ph) when we were doing our research found -- we talked to lots of friends and relatives, that that is quintessential John Muhammad. He's very controlling. He has been a soldier in the U.S. Army for 17 years. He only shows people what he wants them to see.

O'BRIEN: Let's talk about the next legal steps. The jury makes a recommendation for the death penalty. Does a judge have to agree?

HOROWITZ: The judge doesn't have to agree. And February 12th, as Jeanne pointed out, is the official sentencing. But he is expected to uphold this death sentence. And legal experts say that if you're sentenced to death in Virginia, the likelihood is you will die. There will be appeals. Attorneys -- the attorneys for John Muhammad are already investigating this. There's an automatic appeal to automatic appeal to the Virginia state supreme court. And there's really two tracks this goes on. If it's upheld in the Virginia supreme court, it can go into the federal courts, and that could take several years.

O'BRIEN: Quick question for you on the Malvo trial, which is going on not very far from the other trial that has now wrapped up. What's the impact going to be on this -- of this verdict on that case?

HOROWITZ: It's a good question. It's hard to know what the impact will be. Although that jury is not sequestered, of course they will hear about this. They will walk by a newspaper box. They will be sending in the grocery store and hear this. They'll hear about the verdict. And it might just help the defense, because, of course, the defense case is that Muhammad was the captain of the killing team, and they'll know now he was convicted. And the argument the defense attorneys are going to make is that Malvo was indoctrinated and brainwashed by him.

O'BRIEN: Sari Horowitz, the co-author of "Sniper." Nice to see you this morning. Thanks for joining us.

HOROWITZ: Nice to see you. Thanks, 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 25, 2003 - 09:08   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: February 12th, as we just heard, is the date for that formal sentencing. "Washington Post" reporter Sari Horowitz has been following both sniper trials. She's also the co- author of "Sniper," a book which recounts the terror of the shooting spree. She joins us this morning from Washington.
Nice to see you, Sari. Thanks for joining us.

SARI HOROWITZ, "THE WASHINGTON POST": Thanks. Good morning, Soledad.

O'BRIEN: Any surprise from you that the jury recommended death?

HOROWITZ: This was not a surprise to me, Soledad. I mean, this is what the United States government wanted. John Ashcroft and the Justice Department, you know, sent this case to Virginia originally because of the likelihood to get the death penalty. They sent it to one of the best prosecutors in the state; Paul Ebert has sent a dozen people to death row. And the evidence in this case was overwhelming. It was such a powerful case. DNA, fingerprints, ballistics, over 400 pieces of evidence and 150 witnesses, and really wrenching testimony from some of the witnesses, like you probably remember Ted Franklin, whose wife was killed at the Home Depot, who testified that, you know, her head was -- she was shot in the head and her brain splattered on his face.

O'BRIEN: In addition to all those very dramatic and very emotional words that were heard by the jurors, though, it seemed that some of them were affected by the fact that John Muhammad really seemed to show no reaction during the trial, that they searched his face to see what he would look like when this testimony was coming across. Is that your sense?

HOROWITZ: Soledad, you're right. There was not a flicker of emotion from John Muhammad. This is the way he was during the entire trial, no emotion, and that did not help his cause. We heard jurors yesterday say that he showed no remorse. Michael Ruane (ph) when we were doing our research found -- we talked to lots of friends and relatives, that that is quintessential John Muhammad. He's very controlling. He has been a soldier in the U.S. Army for 17 years. He only shows people what he wants them to see.

O'BRIEN: Let's talk about the next legal steps. The jury makes a recommendation for the death penalty. Does a judge have to agree?

HOROWITZ: The judge doesn't have to agree. And February 12th, as Jeanne pointed out, is the official sentencing. But he is expected to uphold this death sentence. And legal experts say that if you're sentenced to death in Virginia, the likelihood is you will die. There will be appeals. Attorneys -- the attorneys for John Muhammad are already investigating this. There's an automatic appeal to automatic appeal to the Virginia state supreme court. And there's really two tracks this goes on. If it's upheld in the Virginia supreme court, it can go into the federal courts, and that could take several years.

O'BRIEN: Quick question for you on the Malvo trial, which is going on not very far from the other trial that has now wrapped up. What's the impact going to be on this -- of this verdict on that case?

HOROWITZ: It's a good question. It's hard to know what the impact will be. Although that jury is not sequestered, of course they will hear about this. They will walk by a newspaper box. They will be sending in the grocery store and hear this. They'll hear about the verdict. And it might just help the defense, because, of course, the defense case is that Muhammad was the captain of the killing team, and they'll know now he was convicted. And the argument the defense attorneys are going to make is that Malvo was indoctrinated and brainwashed by him.

O'BRIEN: Sari Horowitz, the co-author of "Sniper." Nice to see you this morning. Thanks for joining us.

HOROWITZ: Nice to see you. Thanks, 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