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   Sniper jurors deliberating teenager's fate

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Topic: Sniper jurors deliberating teenager's fate (Read 246 times)

Rhune
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Sniper jurors deliberating teenager's fate
« on: Dec 17^th, 2003, 11:01am »

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Sniper jurors deliberating teenager's fate
Wednesday, December 17, 2003 Posted: 10:52 AM EST (1552 GMT)

CHESAPEAKE, Virginia (CNN) -- Jurors began deliberations Wednesday in the trial of Washington-area sniper suspect Lee Boyd Malvo, pondering the argument made by his lawyers that Malvo was under the control of convicted co-defendant John Allen Muhammad.

Malvo, now 18, faces terrorism, capital murder and weapons charges in the October 2002 killing of Linda Franklin outside a Home Depot in Fairfax County, Virginia. He could be sentenced to death if convicted after the five-week trial.

Malvo has pleaded not guilty by reason of insanity. Though he admitted taking part in the attacks in statements to police after his arrest, Malvo's lawyers said Muhammad had molded the youth into a killer.

In closing arguments held Tuesday, defense attorney Michael Arif told jurors a that Malvo's confession was "not believable." He said Malvo took the fall to take the heat off Muhammad, the man he came to see as his father.

"Lee Malvo is gone," Arif said. "What you have now ... you have John Muhammad junior."

But prosecutor Robert Horan Jr. told jurors that argument was a "smokescreen."

"The real issue here is October 14, 2002, when he sighted that rifle across that highway and shot Linda Franklin in the head, did he know it was wrong?" Horan said. "We submit that he did."

Franklin was one of 10 people killed in the sniper attacks that terrified Washington and outlying areas that month. Other attacks left three people wounded.

On Wednesday morning, defense attorneys argued to exclude any testimony about sniper attack victims other than Franklin in sentencing proceedings if Malvo is convicted. Prosecutors said they intend to present victim impact testimony from some of the other killings that occurred during October of 2002.

Last month, a jury in nearby Virginia Beach convicted Muhammad of capital murder and terrorism in his role in the sniper attacks. The jury in that case recommended the death penalty, but formal sentencing will not be held until February.

Defense argues against death penalty
In his closing arguments, Arif took a shot against the imposition of a death penalty, saying "the pain inflicted" on victims and families in the sniper shootings "is inexcusable" but "adding another life to that pile of death is not going to solve anything."

He noted that one psychologist who examined Malvo in jail characterized Malvo as "goofy," saying he smiled inappropriately.

"He's facing potentially the death penalty and he's making lawnmower sounds," Arif said. "Something's wrong."

In his closing, Arif put together a case implicating Muhammad as the leader and mastermind of the crime spree.

Of Malvo's confession to police, Arif told jurors "it is not believable" and "frankly, it's bull. It's not real. It's nonsense. He's putting the blame on himself" to take the heat off Muhammad.

Arif said Muhammad slowly indoctrinated Malvo by isolating him from family and friends.

Muhammad also indoctrinated Malvo by using rigorous exercise, controlling his diet and personal hygiene, exposing him to violence, playing audiotapes under Malvo's pillow as he slept, and encouraging him to suppress his feelings.

"Right was what John Muhammad said it was. Wrong was what John Muhammad said," Arif said. "Did he (Malvo) know the acts were illegal? Probably. But that was not what was important. Right or wrong is what John Muhammad said it was.

"Lee could no more separate from John Muhammad than you could separate from your shadow on a sunny day," Arif told jurors.

Prosecutor: Malvo, Muhammad equally responsible
Earlier, prosecutor Robert Horan Jr. told jurors the evidence is "overwhelming" that Malvo was the shooter, saying that Malvo's confession to police weeks after his arrest is more credible than the statements he made "after months with the mental health crowd."

In a dramatic flourish, Horan played portions of Malvo's tape-recorded confession following his October 2002 arrest, and showed a color photo of Franklin laying on the parking lot of the Home Depot store with half of her head missing.

"He intended to hit her in the head. That's what he said. That's what he did," said Horan.

Horan told jurors that some things in the trial are "not seriously in dispute."

"No. 1 is that the killing of Linda Franklin, no matter how you carve it up, the killing of Linda Franklin was a willful, deliberate and premeditated killing."

"These killings, on the evidence in front of you, were done for money. They killed all of these people essentially for money. That's why they did it," Horan said of Malvo and Muhammad. "They wanted to have enough bodies out there that the government would pay attention to them and give them the money.

Concerning the insanity defense, Horan said, "We don't ask you to leave your common sense on the front steps of this courthouse. You're allowed to take your common sense into that jury room with you.

"He (Malvo) was the one looking down the barrel of that weapon. He was the one firing those shots.

"Members of the jury, there is no such thing as a good murder. They don't make them. They're all bad. But some are worse than most. And we submit to you, this one is bad as any."

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MzWings
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Re: Sniper jurors deliberating teenager's fate
« Reply #1 on: Dec 18^th, 2003, 2:11pm »

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Malvo jurors in second day of deliberations

Thursday, December 18, 2003 Posted: 11:09 AM EST (1609 GMT)

CHESAPEAKE, Virginia (CNN) -- Jurors in the trial of teenage sniper suspect Lee Boyd Malvo began a second day of deliberations Thursday after a judge denied their request for another look at the car prosecutors say was used in the Washington-area killings.

Jurors had asked Fairfax County Circuit Judge Jane Marum Roush for permission to examine the 1990 Chevrolet Caprice for a second time after viewing it during Malvo's five-week trial.

Roush told jurors Thursday morning in a written response that the car "is not available for further inspections by you." She told jurors to rely on their recollections and any photographs or descriptions entered into evidence.

The request was one of several questions jurors posed to Roush late Wednesday, after they had deliberated for about six hours and 45 minutes.

For rest of story....

http://www.cnn.com/2003/LAW/12/18/sprj.dcsp.malvo.trial/index.html

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MzWings
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Re: Sniper jurors deliberating teenager's fate
« Reply #2 on: Dec 18^th, 2003, 3:53pm »

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http://www.cnn.com/2003/LAW/12/18/sprj.dcsp.malvo.trial/index.html

Malvo convicted of sniper murder

Thursday, December 18, 2003 Posted: 4:41 PM EST (2141 GMT)

CHESAPEAKE, Virginia (CNN) -- Teenage sniper suspect Lee Boyd Malvo was found guilty Thursday on all three counts against him, making him eligible for the death penalty.

The verdict came on the second day of deliberations in the trial after the judge denied jurors' request for another look at the car prosecutors say was used in the killings last fall in Washington, D.C., and outlying areas of Virginia and Maryland.

Jurors had asked Fairfax County Circuit Judge Jane Marum Roush for permission to examine the 1990 Chevrolet Caprice for a second time after viewing it during Malvo's five-week trial.

Roush told jurors Thursday morning in a written response that the car "is not available for further inspections by you." She told jurors to rely on their recollections and any photographs or descriptions entered into evidence.

The request was one of several questions jurors posed to Roush late Wednesday, after they had deliberated for about six hours and 45 minutes.

Malvo, 18, has pleaded not guilty by reason of insanity. During the five-week trial, his lawyers argued he was under the control of co-defendant John Allen Muhammad, who was convicted of capital murder and terrorism in his role in the sniper attacks by a jury in nearby Virginia Beach. The jury in that case recommended the death penalty, but Muhammad won't be formally sentenced until February.

See URL for rest of story....

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Bumper
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Re: Sniper jurors deliberating teenager's fate
« Reply #3 on: Dec 27^th, 2003, 1:00pm »

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Just my humble opinion but I would suspect that the defense team considers the decision of the jury (to reject the death penalty and instead sentence Malvo to life in prison without parole), as a victory.

I don't think it's any secret, I am in favor of the death penalty. Having spent a career in law enforcement. I have no sympathy for assholes who make the concious decision to inflict pain, suffering and death on an innocent human being. I don't care if you're 17 or 97. If you know right from wrong and choose to take an innocent person's life, you do NOT deserve to remain on this earth and breathe air. You do NOT deserve to enjoy a benefit that you cruely denied another human being. I don't care if your Mommy or Daddy abused you, denied you birthday presents, made you stand on your head and shit tulips! If you knew right from wrong and were selfish enough to think that you could take someone's life, goodbye and goddamn you!

Malvo escaped the death penalty bedause one female juror was not completely honest when she was initially polled for the jury. SHE knew, but obiviously did not make it known, that she would never sentence this "juvenile" to death if he were found guilty.

Sometimes, I think that we should just let Judges set punishment and take it completely out of the juries hands. Let someone who is trained in the law decide and eliminate the "emotion" factor by juries from consideration.

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Re: Sniper jurors deliberating teenager's fate
« Reply #4 on: Dec 27^th, 2003, 3:04pm »

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on Dec 27^th, 2003, 1:00pm, Bumper wrote:

I don't care if you're 17 or 97. If you know right from wrong and choose to take an innocent person's life, you do NOT deserve to remain on this earth and breathe air.

In this case, particularly, Bump - I couldn't disagree with you...

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You do NOT deserve to enjoy a benefit that you cruely denied another human being. I don't care if your Mommy or Daddy abused you, denied you birthday presents, made you stand on your head and shit tulips!

I'll have to tell ya - I'm so Gee-damned sick and tired of "abuse" and "temp insanity" (of a perp) being used to define a defense for the sickos of this world. Where in our Constitution or Laws does it state such? Growing up, I was abused plenty - but never could I do such crimes for that reason.

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If you knew right from wrong and were selfish enough to think that you could take someone's life, goodbye and goddamn you!

AWWWW - see? That's the thing, or at least part of it. I don't knoww enough about Malvo's background to know if he knew right from wrong. But I think he did at least know what he was doing was wrong, or he wouldn't have hidden out.

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Malvo escaped the death penalty bedause one female juror was not completely honest when she was initially polled for the jury. SHE knew, but obiviously did not make it known, that she would never sentence this "juvenile" to death if he were found guilty.

SO? WE know it and the judge knows this. What a stupid woman to open up her mouth and tell how she really felt. Is it possible to call a mistrial on that info and bring the case before the courts again - based on the fact this juror lied?

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Sometimes, I think that we should just let Judges set punishment and take it completely out of the juries hands.

I've been saying this for years although I don't have the training you do, Bumps. I guess I've been around enough years to see too many people skip out of the court free as a bird.

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Let someone who is trained in the law decide and eliminate the "emotion" factor by juries from consideration.

And shouldn't that "someone" be the judge along with a professional committee who could come to a logical conclusion without being emotional on any level?

Thanks Bump. Again, you're the voice of reason and not afraid to speak your mind.

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