In Malvo's Testimony, Hope for Full Story

Lee Boyd Malvo is expected to testify in a Montgomery County courtroom as early as today against his former mentor John Allen Muhammad, potentially providing an insider's account of the 2002 sniper attacks and adding to the public understanding of the rampage that claimed 10 lives and terrorized the region.

Key questions about the attacks remain unanswered even after the Virginia trials in which Malvo was sentenced to life in prison and Muhammad was sentenced to death. Those trials, in the fall of 2003, did not conclusively reveal which of the two was the gunman in each shooting. Nor did they provide a definitive motive for the slayings.

"If it goes right," Richard A. Finci, a lawyer who is not involved in the case, said of Malvo's testimony, "it's what Montgomery County really wanted out of this case. The whole story will come out."

Several other lawyers cautioned that, because Malvo is already serving a life sentence, he could be a difficult witness for prosecutors to control. Fairfax County Commonwealth's Attorney Robert F. Horan Jr. described Malvo, whom he prosecuted, as bright and clever. "I'd lose a few nights sleep before I'd put him on," he said.

"When you've got a guy with nothing to lose, it's hard to feel confident in what he's going to say," Horan said.

In addition, Malvo already has given conflicting accounts of the shootings to detectives, psychiatrists and others, raising the question of the accuracy of his testimony. A source familiar with his expected testimony said last week that he will name Muhammad as the triggerman in five of the six Montgomery slayings.

Neither prosecutors nor Malvo's attorneys have disclosed what, if anything, he might hope to receive in exchange for his testimony. A source familiar with his decision to testify said he is "seeking some sort of personal redemption by telling his story."

Muhammad, 45, is charged with murder in each of the six Montgomery slayings. Malvo, 21, is charged in the same slayings and is scheduled for trial later this year. Montgomery Circuit Court Judge James L. Ryan has ordered prosecutors and the standby attorneys assisting Muhammad as he defends himself not to discuss the case publicly.

Malvo was talkative in the days after he and Muhammad were arrested Oct. 24 at a Frederick rest stop. In taped conversations with investigators in Fairfax, he laughed and boasted about shooting FBI analyst Linda Franklin and others.

At Malvo's trial in Virginia, defense psychiatrists testified that Malvo had recanted, telling them he had taken responsibility for the shootings to protect Muhammad, whom he viewed as a father.

Malvo said he and Muhammad intended to use the $10 million they hoped to extort from the government in exchange for stopping the shootings to build a utopian compound in Canada, where Muhammad would raise 140 black children to start a world that was more just. Malvo's attorneys suspected that Muhammad was using that vision as a way to justify serial killings that could mask his true aim: slaying his ex-wife and regaining custody of his three youngest children.

Malvo came close to taking the stand at Muhammad's trial in Prince William County. In a meeting with prosecutors on the eve of that trial, Malvo described how his relationship with Muhammad evolved into a murderous rampage.

One of Malvo's Virginia attorneys, Michael S. Arif, said last year that, after remaining loyal to Muhammad for months, Malvo had a change of heart, saying, "I'm not going to die for what he did."

Arif said the possible plea arrangement, in which prosecutors would have spared Malvo's life, collapsed under pressure from other authorities he did not name.

Another lawyer not involved in the trial underway in Rockville said that, in a worst-case scenario, Malvo could say something that might provoke a mistrial. Lawyer Clarke F. Ahlers said Malvo could jeopardize a prosecution that has been "virtually perfect."

"There's overwhelming evidence in my mind of Muhammad's guilt, and the reality is that no matter what the prosecutor thinks, she probably can't control Malvo," Ahlers said.

There's also the specter of Muhammad, acting as his own lawyer, personally cross-examining Malvo, whom he still considers a son. Such a confrontation could lead to some unpredictability for prosecutors.

But others said the risk is minimal. Attorney Joseph Murtha said Malvo "can act as a navigator for the state's case," corroborating the ballistics and other scientific evidence that prosecutors have presented.

Faced with cooperating witnesses, particularly those testifying in exchange for leniency, defense attorneys often seek to divert jurors' attention away from more compelling scientific evidence and toward the witnesses' credibility. But lawyer Robert C. Bonsib said testimony from Malvo would more likely cement the circumstantial evidence and "be of substantial benefit to the prosecutors in closing the holes."