Malvo seeks to use videotapes rather than live testimony at trial
FAIRFAX, Virginia (AP) — Lawyers for sniper suspect Lee Boyd Malvo are seeking to present videotapes at trial in lieu of live testimony from about two dozen people who knew Malvo when he lived in the Caribbean.
The videotaped testimony from Malvo’s family and school teachers in Antigua and Jamaica would deprive prosecutors of the right to cross-examine the witnesses.
At a court hearing yesterday, Fairfax County Commonwealth’s attorney, Robert F Horan Jr, expressed misgivings about the procedure after viewing some of the videotapes, saying that the witnesses come off on the tape as though they have had recent contact with Malvo, even though they may have only known him in kindergarten.
Horan also said that presenting two dozen videotapes to a jury would be unnecessary overkill.
“How many witnesses do you have to hear say that Malvo was obedient?” Horan asked. “These tapes may save some money, but they will confuse a jury.”
Defence lawyers have sought to portray Malvo as being brainwashed or domineered by fellow suspect John Allen Muhammad.
Horan previously said he was willing to consider the use of videotapes because the witnesses are relatively insignificant and it would save the time and money of transporting the witnesses from the Caribbean to Virginia.
After viewing the tapes, though, Horan said he may insist that the witnesses appear live so they can be cross-examined.
Malvo’s defence lawyers estimated they will save almost $18,000 in expenses by using the videotapes. They disputed Horan’s characterisation of the tapes.
Defence lawyer Craig Cooley said the witnesses will talk about Malvo’s childhood, his development, and his introduction to Muhammad.
He also said the judge can decide during the trial if the number of tapes is excessive and limit them at that time if she chooses.
The court is also considering the use of video-conferencing technology to allow live testimony from Jamaica and Antigua.
The issue was not resolved at yesterday’s hearing.
Malvo goes to trial November 10 for the October 14 shooting death of FBI analyst, Linda Franklin, outside a Falls Church-area Home Depot Store. His trial was moved from Fairfax to Chesapeake, nearly 200 miles (320 kilometres) away.
