Lawyers Assigned to Muhammad
Counsel to Be Tightly Restricted in Montgomery Sniper Trial

By Christian Davenport
Washington Post Staff Writer
Tuesday, April 25, 2006

John Allen Muhammad yesterday agreed to have three Baltimore lawyers serve as his standby counsel when he defends himself in the Montgomery County sniper trial scheduled to begin next week.

That decision came as Circuit Court Judge James L. Ryan announced he will issue 28 subpoenas to people whom Muhammad would like to call for his defense, including alleged accomplice Lee Boyd Malvo. Ryan also ruled that jurors in the case will be able to see the Chevrolet Caprice with a notch cut in the trunk that prosecutors say was used as a sniper's perch.

Muhammad is on trial in six of the Washington area sniper shootings that terrorized the region nearly four years ago. Muhammad, 45, and Malvo, 21, were each convicted in separate trials in Virginia in 2003, and Muhammad has been sentenced to death in that state.

The standby attorneys can only help guide Muhammad through the proceedings by answering his questions. They may not, Ryan instructed yesterday, make objections, ask questions or deliver opening statements or closing arguments.

They may not even pass Muhammad notes instructing him on what to do during the proceeding, Ryan said.

The three lawyers -- Wyndal Gordon, A. Jai Bonner and Russell A. Neverdon Sr. -- said they will try to persuade Muhammad to allow them to act as his official counsel.

Gordon told reporters yesterday that helping Muhammad through the proceeding "presents a great challenge." But he added that "people like John Allen Muhammad deserve the same rights under the Constitution as anyone else."

Muhammad has had standby counsel before. Minutes before opening statements were to begin during his trial in Virginia, he stunned the courtroom by asking to represent himself. He did so for nearly two days, as his attorneys remained on standby, before he was persuaded to reinstate them.

The difference this time is that the three lawyers retained yesterday are brand new to a complicated case, set to begin Monday, that has already produced volumes of documents and lots of evidence. "Without a doubt, it's a challenge," Neverdon said.

But, Gordon added, "When it's time to step up, we will be ready."

Last month, Muhammad fired the public defenders originally assigned to his case, saying he had "no confidence or trust" in them.

All three standby attorneys have been involved in high-profile cases before. They said their legal expertise would be helpful to Muhammad, who has at times taken an unusual approach in the proceedings.

Yesterday, for example, Muhammad submitted a list of unorthodox questions for Ryan to ask prospective jurors that left the judge puzzled. Ryan asked Muhammad why he wanted to ask jurors with only a high school diploma whether they would "feel inferior" to someone who is better educated.

Muhammad responded that he did not want people with less education to feel that their opinions on the case would be valued less. He added that his questions were designed to provoke answers so that he would be able see how potential jurors' minds work.

"Do you feel kids should wear uniforms to school," Ryan said, reading another question on Muhammad's list. "That's not the kind of question I'm going to ask."

But Ryan did grant the 28 subpoenas from a list of 178 Muhammad had requested. The rest of the list had incomplete names, addresses or paperwork required for out-of-state witnesses, and Ryan ordered Muhammad to provide more complete information by Friday.

Prosecutors yesterday objected to eight of the 28 people Ryan granted subpoenas for, saying they are not relevant to the case. The only connection one of those people has to the shootings is that she told authorities she thought she saw Muhammad in New Jersey well after he was detained.

Muhammad countered by asking the judge, "How do they know that's not relevant to my case?" But when pressed by Ryan, Muhammad refused to detail why the people he listed are relevant, saying he did not want to give away his defense strategy.

Assistant State's Attorney Vivek Chopra said Muhammad was "trying to grind this proceeding today and this trial to a halt."