SNIPER TRIAL

Malvo May Implicate Muhammad in 5 of 6 Slayings, Source Says

By Ernesto Londoño and Eric Rich
Washington Post Staff Writers
Friday, May 19, 2006; Page B02

Sniper Lee Boyd Malvo is prepared to testify that his alleged accomplice, John Allen Muhammad, pulled the trigger in five of the six Montgomery County slayings in October 2002, according to a source familiar with Malvo's thinking.

The claim that Malvo fatally shot only Montgomery bus driver Conrad Johnson in the county that is now prosecuting the snipers has been attributed to him in the past by defense attorneys who represented him in Virginia and defense psychiatrists in that state.

The source familiar with Malvo's intended testimony said the 21-year-old defendant is "apprehensive'' about facing Muhammad in the courtroom, "but he wants to do it," because he feels he was brainwashed by Muhammad during the months leading up to the Washington area sniper shootings. The source spoke on condition of anonymity because Muhammad's trial is ongoing, and Malvo hasn't signed a formal plea agreement with Maryland prosecutors.

This aspect of Malvo's intended testimony was first reported yesterday by radio station WTOP (103.5 FM).

Muhammad, who is representing himself, has repeatedly referred to Malvo as "my son" before the jury and has said the two are innocent.

Malvo has provided inconsistent accounts about who pulled the trigger during the shootings, which Muhammad's standby attorneys have said makes him an untrustworthy witness.

It is unclear whether Muhammad will exploit those discrepancies or how he would reconcile Malvo's likely testimony with his assertion of their innocence.

Malvo was convicted in a slaying in Virginia and was sentenced to life in prison without the possibility of parole. His testimony and plea deal in Maryland would have no bearing on the punishment he received in Virginia. The source familiar with his thinking said Malvo wants to testify to get some measure of "personal redemption."

Muhammad was also convicted in a sniper shooting in Virginia and was sentenced to death.

Prosecutors expect to finish presenting their case against Muhammad next week. This week, they have called to the stand experts in ballistics and DNA who have linked evidence found in Muhammad's blue Chevrolet Caprice and at some of the crime scenes to Muhammad and Malvo.

An FBI forensics expert who took the stand yesterday said a sample of DNA swabbed from the sight of the rifle found in Muhammad's car matches a sample taken from Muhammad.

Forensics expert Brendan Shea also testified that DNA tests linked numerous items -- including plastic bags, a glove and a note -- found at sniper crime scenes in October 2002 to Malvo.

Shea spent all morning and part of the afternoon on the stand explaining to the jury the intricacies of DNA analysis and answering sometimes confusing questions from Muhammad on cross-examination.

"How many chemical cells did you use when you test for DNA?" Muhammad asked at one point.

Muhammad also suggested that Shea might have completed his analysis before he got a sample of Muhammad's DNA.

"Isn't it true that if you did not have my DNA on that day, you could not have tested it?" Muhammad asked him repeatedly.

Shea said he tested samples recovered from pieces of evidence against one taken from Muhammad.


© 2007 The Washington Post Company