Second sniper trial opens in Virginia
Prosecution rests in first case
CHESAPEAKE, VA. ? As sniper suspect John Allen Muhammad stood trial in a courtroom 15 miles away, jury selection began Monday in the murder case against 18-year-old Lee Boyd Malvo, with his lawyers arguing he was brainwashed by the older Muhammad.
The start of Malvo’s case sets the stage for simultaneous sniper trials in separate courtrooms in different cities.
Malvo, wearing black pants and a navy sweater over a white shirt, responded, “Not guilty,” in a clear voice each time he was asked for a plea to two counts of capital murder and one count of using a firearm in a felony.
He is accused in the slaying of FBI analyst Linda Franklin, who was cut down by a single bullet outside a Home Depot on Oct. 14, 2002.
In contrast to Muhammad’s usual stony demeanor, Malvo smiled frequently and occasionally laughed as he conferred with his attorneys.
His lawyers plan to pursue an insanity defense, and they said Monday after court that they have subpoenaed Muhammad to testify in attempt to bolster their brainwashing theory.
“We have a number of questions we would like to ask him,” defense attorney Craig Cooley said, adding, “not the least of which is the motivation for the indoctrination of Lee.”
Malvo’s defense team said that neither Muhammad nor his lawyers have indicated that Muhammad would invoke his right against self-incrimination.
Cooley also said the defense expects Muhammad’s wife, Mildred Muhammad, to testify “to describe the manipulative nature of Mr. Muhammad.”

Sniper suspect Lee Boyd Malvo is shown surrounded by Chesapeake, Va., Sheriff's deputies in this courtroom drawing. Malvo pleaded not guilty Monday at the start of his trial.
Malvo and Muhammad, 42, are being tried for different killings; Muhammad is accused of gunning down a man at a gas station. The pair have been been accused of killing 10 and wounding three during the sniper spree last fall in the Washington area.
Both cases were moved away from the nation’s capital out of concern that an impartial jury could not be found close to Washington because the shootings caused such widespread fear. Malvo’s case was moved to Chesapeake, Muhammad’s to nearby Virginia Beach.
In Muhammad’s case, prosecutors called their final witness after three weeks of emotional testimony from victims and witnesses about the sniper killings.
Muhammad’s lawyers want the charges thrown out, saying prosecutors offered no evidence that he pulled the trigger in the slaying for which he is on trial. Prosecutors contend Muhammad exerted such control over Malvo that Muhammad should be held responsible even if Malvo pulled the trigger.
The defense is expected to begin presenting its case on Wednesday, after the Veterans Day holiday.
While Malvo and Muhammad are on trial in one killing each, to win a death sentence prosecutors must show that the men took part in multiple killings or terrorized the public.

