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CNN LIVE EVENT/SPECIAL

More Charges in Sniper Case

Aired October 28, 2002 - 10:01   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

DARYN KAGAN, CNN ANCHOR: We begin right here in the Washington, D.C. area, where prosecutors in Virginia plan to file capital murder charges today against sniper suspects John Allen Muhammad and Lee Boyd Malvo.
Spotsylvania County will become the second D.C.-area jurisdiction to file those charges against the pair. But in Virginia, prosecutors are also underlying the threat of the death penalty.

Authorities in Alabama have charged the pair in a separate killing, and say they also will seek the death penalty.

Our Patty Davis brings us the latest from the hub of the case, and that is Montgomery County, Maryland, where, as we know, Patty, late last week prosecutors filed their capital murder charges.

Good morning to you.

PATTY DAVIS, CNN CORRESPONDENT: Good morning.

Well, you're right, capital murder charges are expected today in Spotsylvania County, Virginia, against John Muhammad and John Lee Malvo.

Meanwhile, prosecutors in Hanover County, a nearby county in Virginia, are expected today to say that they are seeking indictments against the two men in connection with a shooting outside the Ponderosa restaurant October 19 -- a victim critically wounded there. The indictments, attempted capital murder in that case.

A 37-year-old victim had his fourth surgery yesterday. The hospital today saying that he came through that without a problem. Still on a ventilator, though he is responsive. Doctors say his prognosis is good if they can keep the infection under control.

Now, since the shootings happened in Maryland, Virginia and Washington, D.C., prosecutors, including federal prosecutors, now vying to try these two men first. Ten people died in those murders over the three-week killing spree.

Virginia prosecutors think that they can win a death penalty conviction, not only for Muhammad, but also for the 17-year-old John Lee Malvo. Maryland law does not allow the death penalty for a juvenile. They have not put anyone to death also in the state of Maryland since 1998.

Now, the investigators believe that Malvo may have been the trigger man in at least one shooting. And we are told, Daryn, that both of these men are not being very cooperative with investigators at this point -- Daryn.

KAGAN: Patty, it's been an interesting contrast, as you and I sat out there for about three weeks and watched the task force from all of these different jurisdictions keep themselves together. It is definitely not the case with prosecutors. It definitely is one jurisdiction against the other, it appears.

DAVIS: That's true. All of the agencies -- the ATF, FBI, Secret Service, all of the various police forces around here were working to together. There was talk of in-fighting, but they got the job done. They nabbed these two suspects.

At the same time, now, it's gone into a different phase, as you were saying. Prosecutors each want their own little piece of this case. It's going to be an immensely publicized trial when the first one goes to trial. There is politics involved here, and the people of each community saying, we want the people who were -- who are the suspects in this case, who killed people in our community and terrorized us for weeks, to be brought to justice.

So, a lot of pressure here on the prosecutors to bring that first case -- Daryn.

KAGAN: Patty Davis in Montgomery County -- thank you so much for that report.

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