Malvo to Be Brought To Muhammed's Trial As an 'Exhibit'
This strikes us as somewhat odd. The younger of the two sniper suspects, John Lee Malvo, has refused to testify at the trial of his alleged cohort, John Muhammed. So Malvo is being flown to Virginia Beach to be an "exhibit".
Malvo will not be called to testify but will be in the courtroom so that witnesses who say they saw the pair together at a shooting scene may identify them, sources said. Malvo's appearance would allow jurors in Muhammad's trial to see the teenager who authorities allege was under Muhammad's control during the 13 Washington area sniper shootings last year.
Malvo has said in court that he will not testify about anything incriminating, but prosecutors can use him as an "exhibit" against Muhammad by simply subpoenaing him to the courtroom. Prince William Commonwealth's Attorney Paul B. Ebert obtained the subpoena Wednesday, said Michael S. Arif, one of Malvo's attorneys.
In other "sniper" case news, the Judge in the Malvo case has prohibited the use of video testimony, which means defense witnesses from Jamaica and elsewhere will have to travel to Virginia to testify. Malvo's lawyers said this is a setback for the defense. One of the witnesses they wanted to call was Malvo's mother.
It's not just a question of money. On that, we say the state of Virginia better pony up the money to fly these witnesses in. The real problem is that some of the witnesses have been barred from entering the United States.
We also think this throw-away comment by the prosecutor was unnecessary:
"Some of our best witnesses are no longer with us. You don't hear us complain."
Jury selection for Muhammed should be completed tomorrow, with opening statements and testimony beginning Monday.
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