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The murder trial of sniper suspect Lee Boyd Malvo begins Monday, Nov. 10, in Chesapeake, Va. His lawyers have indicated that they will pursue an insanity defense, arguing that the teenager was brainwashed by John Allen Muhammad.
Criminal defense attorney Jeralyn Merritt said in an interview with the Washington Post that jury selection in this case is absolutely critical for three reasons: the heinousness of the crimes, the fact that Malvo was a juvenile when they were committed and that the death penalty looms as a verdict.
Merritt will be online Monday, Nov. 10 at 3:30 p.m. ET to discuss the process of jury selection.
Submit your questions and comments before or during the discussion.
Update: You can read about the defense strategy here. Malvo's mother pleads from Jamaica to save her son's life here.
The entire 166 page transcript of the Kobe Bryant preliminary hearing has been released by the Court and published on the web by Smoking Gun.
For defense attorney Pamela Mackey's cross-examination of Detective Winters, go here.
This story is going to get a lot bigger. It's an FBI probe into whether major Los Angeles and Hollywood law firms knew a private investigator whose services they were using was obtaining information for them through illegal wiretaps.
Anthony Pellicano, the high-profile private investigator to the stars and their lawyers, was arrested last year and charged with possessing explosives. He pleaded guilty (no plea deal) and begins a prison term next week. He has asked to start serving the sentence now even though he isn't scheduled to be sentenced until January. He is expected to be sentenced to between 27 and 33 months.
During the search of Pellicano's computers, authorities came across reams of information and documents suggesting that Pellicano had conducted illegal wiretaps, perhaps with the assistance of someone at the LA Sheriff's Department.
A full-blown federal investigation is now underway. Here's how it all began:
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John Lee Malvo, also referred to as Lee Boyd Malvo, the younger of the two 'sniper' suspects, goes on trial Monday in Virginia. So far, his lawyers are pleased with the way the trial is progressing against his alleged co-coconspirator and elder sniper suspect John Muhammad. Malvo's lawyers have a defense--the "insanity-by-indoctrination defense"--and they say the Muhammad trial is strengthening it.
Both trials have been moved outside of the counties where the shooting crimes occurred. Muhammad is on trial in Virginia Beach. Malvo's trial will be held 14 miles away in Chesapeake. Here is a profile of Judge Marum Roush who will be presiding over the Malvo trial. You can read about his defense team, Michael S. Arif and Craig S. Cooley, here.
Malvo was 17 at the time the crime was committed, yet he is eligible for the death penalty under Virginia law. He has an interesting history. Three years ago he was an honors student Jamaica who loved playing cricket and reading. Today he is most often thought of as the "accused serial killer who reportedly laughed when talking about sending bullets through his victims’ heads." Here's an article on Malvo's switch to an insanity plea. The Sunday Washington Post has this lengthy article about Malvo's background.
Columnist Earl Ofari Hutchinson writes about the absurdity of the death penalty in this and all cases in light of the Green River killer who killed 48 and was permitted to plead guilty and avoid it.
We're scheduled to do another online chat for the Washington Post on jury selection in the Malvo case Monday afternoon at 3:30 pm ET. Here is the transcript of our last chat, on the day Muhammad represented himself at his trial.
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Lea Fastow, indicted wife of Enron's former financial chief Andrew Fastow, may be seeking a plea deal. Speculation has it she would agree to serve five months, so she could be out and home with the kids by the time her husband's trial begins.
There was a hearing today in the case on Mrs. Fastow's motion to change venue outside of Houston. Mrs. Fastow is represented by one of the country's finest defense lawyers, Mike DeGeurin of Houston.
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Across town today, Mike's brother, Dick DeGuerin, another of this country's stellar criminal defense lawyers, is waiting out a verdict in the murder trial of NY real estate heir Robert Durtz.
No, we didn't spell their names wrong. They spell their last names differently. Both used to practice with the late, legendary Texas lawyer, Percy Foreman. They are two of our all-time defense heros.
A police officer testified today in day five of the Scott Peterson preliminary hearing and acknowledged there was no sign of struggle inside the Peterson home. Nor was there any smell of bleach.
All in all, there is evidence of one hair that was in a pair of pliers on the Peterson boat that mitochondrial DNA testing says might be Laci's. So what? Hair is easily transferred and there are dozens if not more explanations for how a hair of Laci's could have gotten on the pliers or in the boat.
Amber Frey, Scott's girlfriend of one month (they met Nov. 20 and Laci disappeared Dec. 24) is scheduled to testify later in the week. We doubt she will add much to the case--other than details of conversations after the fact showing Scott was a cheating husband.
As low as the threshold for probable cause is, we don't see it so far.
Today is day three of the preliminary hearing in the Scott Peterson case. The first two days were taken up with expert testimony on mitochondrial DNA testing. Today, Laci Peterson's sister and mother, Scott's father and Laci and Scott's housekeeper testified. We don't think any of them added much to the prosecution's case.
First the DNA challenge to the strand of hair that the state claims broke into two pieces while in the evidence envelope:
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Today is day three of the preliminary hearing in the Scott Peterson case. The first two days were taken up with expert testimony on mitochondrial DNA testing. Today, Laci Peterson's sister and mother, Scott's father and Laci and Scott's housekeeper testified. We don't think any of them added much to the prosecution's case.
First the DNA challenge to the strand of hair that the state claims broke into two pieces while in the evidence envelope:
(636 words in story) There's More :: Permalink :: Comments
David Delainey, the former CEO of Enron North America and Enron Energy Services pleaded guilty today. He is the highest ranking officer to plead to date. His maximum exposure is 10 years, but he is cooperating and providing information about others, and therefore expected to get far less. Another purchased plea.
David Delainey, the former CEO of Enron North America and Enron Energy Services pleaded guilty today. He is the highest ranking officer to plead to date. His maximum exposure is 10 years, but he is cooperating and providing information about others, and therefore expected to get far less. Another purchased plea.
After ten months, the preliminary hearing in the case of Scott Peterson, accused of murdering his pregnant wife Laci and the couple's unborn child, begins today.
Voluminous court filings have provided glimpses of the evidence that defense attorneys will try to prevent prosecutors from presenting: DNA analysis of Mrs. Peterson's hair found on pliers in Mr. Peterson's boat, bloodhounds used to pick up the scent of Mrs. Peterson in the boat or at a storage warehouse that her husband rented, and wiretaps and global-positioning systems used to monitor and track Mr. Peterson.
The prosecution is expected to unveil previously undisclosed evidence today. But, the question is, will it merely relate to Scott Peterson's character or will it link him to the crime?
Yes, there is some circumstantial evidence: He was a bad husband, had a mistress -- which may have given him a motive -- but what evidence do you have that links him to the crime?" asked [Ruth] Jones, the criminal law professor. "What evidence do you have that links him to the date, time and place and perhaps manner of the killing?"
We're not expecting fireworks. Given the relaxed evidentiary rules and resulting prevalence of hearsay at preliminary hearings, as well as the ultra-low burden of proof (probable cause is like "Is there a reason to believe?") the case will be bound over. The defense can be considered successful if it shows some significant inconsistencies in the prosecution's evidence and testimony of its star witnesses, and leaves the media and public wondering, "Is that all there is?"
After ten months, the preliminary hearing in the case of Scott Peterson, accused of murdering his pregnant wife Laci and the couple's unborn child, begins today.
Voluminous court filings have provided glimpses of the evidence that defense attorneys will try to prevent prosecutors from presenting: DNA analysis of Mrs. Peterson's hair found on pliers in Mr. Peterson's boat, bloodhounds used to pick up the scent of Mrs. Peterson in the boat or at a storage warehouse that her husband rented, and wiretaps and global-positioning systems used to monitor and track Mr. Peterson.
The prosecution is expected to unveil previously undisclosed evidence today. But, the question is, will it merely relate to Scott Peterson's character or will it link him to the crime?
Yes, there is some circumstantial evidence: He was a bad husband, had a mistress -- which may have given him a motive -- but what evidence do you have that links him to the crime?" asked [Ruth] Jones, the criminal law professor. "What evidence do you have that links him to the date, time and place and perhaps manner of the killing?"
We're not expecting fireworks. Given the relaxed evidentiary rules and resulting prevalence of hearsay at preliminary hearings, as well as the ultra-low burden of proof (probable cause is like "Is there a reason to believe?") the case will be bound over. The defense can be considered successful if it shows some significant inconsistencies in the prosecution's evidence and testimony of its star witnesses, and leaves the media and public wondering, "Is that all there is?"
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