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Virginia fights to keep alleged sniper confession
« on: Apr 22nd, 2003, 8:54am » |
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Virginia fights to keep alleged sniper confession
Tuesday, April 22, 2003 Posted: 6:53 AM EDT (1053 GMT)
FAIRFAX, Virginia (CNN) -- Virginia prosecutors contend the confession of teenage sniper suspect Lee Boyd Malvo is admissible in court, despite a defense motion to suppress it at trial.
In a filing made Friday, prosecutors said the 18-year-old Malvo was well aware of his rights when he admitted to authorities in Fairfax County that he was involved in several of the 13 sniper-style shootings that terrorized the Washington area last October.
The filing says authorities did not ignore Malvo's request for a lawyer, because he never clearly made one.
Prosecutors consider Malvo's lengthy statement a key piece of evidence, and defense attorneys have made no secret that they consider the fight to exclude it as a major component of their case.
Malvo is scheduled to stand trial in November in Fairfax County for the October 14, 2002, slaying of Linda Franklin outside a Home Depot store in Falls Church, Virginia. His alleged accomplice, John Allen Muhammad, is awaiting trial in October in neighboring Prince William County for the October 9, 2002, shooting of Dean Harold Meyers at a Sunoco gas station in Manassas, Virginia.
Included in the court filing is a story Malvo told detectives about a shooting in which he missed one of his targets, a child.
"Evidently, Malvo found it amusing that as the errant bullet flew past the boy's head he swatted at the air as if a bee had buzzed too close," prosecutors wrote. "Malvo actually smiled and chortled as he recounted this event."
The point, prosecutors said, is that Malvo "was not the least bit intimidated by the police" as he spoke to them -- that he was not the "scared child" defense attorneys have made him out to be.
Earlier this month, defense attorneys filed a motion to have a judge throw out the statement, which Malvo made when he was 17. Arguments will focus on the events of November 7, 2002, when federal prosecutors in Baltimore unexpectedly dropped charges against Malvo and transferred him to Fairfax County.
There, Fairfax County Police Detective June Boyle and FBI Special Agent Brad Garrett told Malvo they wanted to talk to him. Prosecutors said in the filing that Boyle asked Malvo four times whether he wanted to speak without a lawyer.
Attorneys on both sides say Malvo first asked, "Do I get to see my attorneys?"
Malvo then said, "My attorneys told me not to say anything to the cops until they got there."
Prosecutors contend neither statement constituted a direct request for an attorney. They say U.S. Supreme Court rulings also don't require police to clarify such ambiguous statements about a desire for counsel, nor do they require police to stop questioning suspects when ambiguous statements are made.
Malvo had court-appointed lawyers in Maryland, but none was licensed to practice law in Virginia.
Defense attorneys had also argued that Malvo had asserted his constitutional right to remain silent a number of times, but prosecutors said detectives advised Malvo about that right and that he waived it.
"Had Malvo desired to remain silent, or have an attorney, he could have simply said so. However, he did not," the filing said. "It should be remembered here that Malvo was fully advised of his Miranda rights and waived them before discussing the crime."
There was also a period of small talk "about a variety of ordinary topics" after Malvo was taken into custody and before he gave his statement, prosecutors said. The questioning was therefore not hurried or forced, they said, and even allowed for Malvo to have something to eat.
But, they said, "he did not request the usual fare of hamburgers or pizza, both of which are readily available. Instead, he wanted veggie burgers. Malvo's request resulted in a delay of approximately one hour as the authorities sought to fulfill Malvo's desire for a healthful meal."
The meal then lasted another half an hour.
"After Malvo had eaten and the small talk was finished, he got right down to discussing the killings," prosecutors said. "His demeanor was calm and relaxed. At times during the interview, Malvo laughed or smiled. For example, he laughed as he described shooting the woman at Home Depot in the head. He never expressed or exhibited any fearfulness or nervousness."
The defense motion alleges police violated Malvo's rights under the Sixth Amendment, which guarantees counsel, and the 1969 Vienna Convention that guarantees foreign nationals access to consular officials if they are detained. Malvo is a Jamaican citizen.
In response, prosecutors said that the Sixth Amendment guarantees a lawyer only after a person has been charged -- and that when Malvo gave his statement, he had not yet been charged in Fairfax County.
"Malvo was advised of his rights pursuant to the Vienna Convention by Detective Boyle," prosecutors wrote. "Malvo's assertions in support of his position regarding [this matter] are misleading at best. Both the law and the facts are squarely against him on this issue."
-- CNN Producer Mike Ahlers contributed to this report.
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