Sniper suspect to lead defense

By Richard Willing and Tom Vanden Brook - Published in: USA TODAY, Page 1A
October 21, 2003

Muhammad stuns court as trial opens

D.C.-area sniper suspect John Muhammad took charge of his own defense on murder charges Monday, maintaining his innocence in a rambling opening statement in a Virginia Beach courtroom.

"I know what happened. I know what didn't happen," Muhammad told the jury after Judge LeRoy Millette granted his surprise request to replace his lawyers. "If we monitor (the evidence) step by step, it will all show I had nothing to do with these crimes."

Muhammad, 42, faces the death penalty in the shooting of Dean Meyers, 53, outside a Northern Virginia gas station last October. Meyers was the seventh victim in a three-week shooting spree that left 10 people dead in Washington, D.C., and its suburbs.

Muhammad and the other sniper suspect, Lee Malvo, 18, were arrested last Oct. 24. Prosecutors say the shootings were part of a plot to extort $10 million from the government. Trials for both suspects have been moved 200 miles south of Washington.

Under the judge's decision Monday, Muhammad's court-appointed lawyers will remain in the courtroom. But Jonathan Shapiro and Peter Greenspun will be there only to assist Muhammad.

In his opening statement, prosecutor James Willett said he plans to link Muhammad and Malvo to most of the shootings. After Muhammad's arrest, he said, "ordinary people going about ordinary tasks would be able to do so without fear for their very lives."

Malvo was in the courtroom briefly Monday to allow a prosecution witness to identify him.

It's unclear why Muhammad decided to represent himself. But it raises the prospect that he could ask unconventional questions and cross-examine relatives of the sniper's victims.

Legal experts say such "pro-se" defenses are inherently difficult, especially in a murder trial. They say defendants who represent themselves lack training and experience in trial rules, legal precedent and in the art of making effective opening and closing statements. And they are especially handicapped because they have no experience in questioning witnesses.

"Direct and cross-examination are the greatest engines man has developed for sorting out the truth," says John Zwerling, an Alexandria, Va., criminal defense attorney.

In his 20-minute opening statement, Muhammad spoke about the nature of truth, saying, "Jesus said, 'Ye shall know the truth."' He also said he hopes to be found innocent "by the grace of Allah."

At another point, he apparently referred to Malvo as his son. They are not related.

"There's three truths," Muhammad told the jury. "The truth, the whole truth and nothing but the truth. I always thought there was just one truth. The facts should help us identify what's a lie, what's not a lie."

Acting pro se, Muhammad can address the jury without taking the witness stand. But that could backfire. Prosecutors have indicated they plan to portray him as a mastermind who controlled Malvo, even if Malvo pulled the trigger in some of the killings. Muhammad's arguments may unwittingly play into the prosecution's plans, legal analysts say.

"If he comes across as the kind of guy who's capable of this, he's done their work for them," says Jim Cohen, a professor at Fordham Law School in New York City.