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作者：Anonymous 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
CHESAPEAKE, Va., Dec. 4 -- Lee Boyd Malvo had a plan to save the world. And it was going to start after he and John Allen Muhammad collected a $10 million payment to stop last fall's sniper shootings, an investigator for Malvo's defense team testified Thursday.
The plan involved setting up a compound for 70 boys and 70 girls. "Seventy boys and 70 girls were going to be made into super-people," Carmeta V. Albarus, an investigator and social worker, said Malvo told her. "They were going to be trained and sent out to different parts of the world and bring about a just system."
Albarus testified Thursday that she pointed out "how ludicrous" the idea was. She said Malvo "felt very confident that this could be done, because we have to start with the children." The $10 million payment from the government "was to purchase land and equipment and whatever else he needed for this compound," Albarus said.
Craig S. Cooley, one of Malvo's attorneys, had said in his opening statement that Muhammad devised the idea for a child utopia and planted it in Malvo's mind as the motivation behind the sniper shootings. Albarus's testimony was part of the defense's continuing argument that Muhammad so indoctrinated Malvo that he was temporarily insane when the pair shot and killed 10 people in the Washington region during three weeks in October 2002.
Fairfax County prosecutors have begun challenging the theory more vigorously in recent days, repeatedly objecting to the relevance of "indoctrination" when the issue is whether Malvo killed someone. Malvo is charged with murder in the Oct. 14, 2002, slaying of Linda Franklin outside the Seven Corners Home Depot store, and prosecutors are seeking to have Malvo executed. Authorities allege that the snipers committed terrorism by demanding $10 million in exchange for an end to the shootings.
As Albarus testified about her meetings with Malvo and his emotional responses over the past eight months, Fairfax Commonwealth's Attorney Robert F. Horan Jr. protested. "That might be fine for the mitigation case," he argued, referring to testimony that is presented during the sentencing phase, after a conviction. "We're here for insanity at the time of the act. They're trying to use mitigation evidence for an insanity issue."
Defense lawyers assured Fairfax Circuit Court Judge Jane Marum Roush that the testimony about Malvo's evolving mental state, and Muhammad's effect on him, would be tied together by a mental health expert who will testify that the ultimate effect was that Malvo did not know right from wrong at the time of the shootings -- one of Virginia's legal definitions of insanity.
"If they don't, I'm going to be sorely disappointed," Roush said. She allowed the testimony to continue but sharply limited the use of hearsay.
Roush also restricted the ability of a mental health witness, who appeared before Albarus, to lecture the jury about indoctrination and ordered the defense to pose questions related solely to Malvo's case.
Albarus was one of three investigators Roush appointed to the defense team, and she also is a licensed clinical social worker in New York. From the defense viewpoint, she was a perfect addition, because she is a native of Jamaica who taught school there for 11 years. Malvo was born and raised in Jamaica.
Albarus said that she tried to establish a rapport with Malvo during her visits to the Fairfax County jail and that she ultimately spent about 70 hours with him. She also made three trips to Jamaica and two to Antigua to investigate Malvo's background.
Albarus said about her first meeting with Malvo in March: "The thing that really jumped out at me was Lee spoke so much like an American. There was not even the trace of a Jamaican accent," which she thought remarkable because her own accent has not disappeared after 19 years in the United States.
She said Malvo insisted that Albarus call him John Lee Muhammad, a name he apparently adopted during his travels with Muhammad after meeting him in Antigua in the summer of 2000. When Albarus gave Malvo release forms to sign to obtain his records, he signed with the Muhammad alias.
"Another thing was his insistence that I acknowledge he was the son of John Allen Muhammad," Albarus said. "The other thing that struck out was his defense of John Allen Muhammad. The other thing was how consumed he was about racial inequality and oppression and injustice."
She said she thought it strange that Malvo was obsessed with racial issues, which are not a problem in predominantly black Jamaica. She said she challenged him about it later.
Albarus also decided that "I would speak to him almost exclusively in Jamaican patois. I wanted to see . . . if his Jamaican identity was totally erased. He understood me, but he responded with his American accent."
She said Malvo told her, "They want to use me to kill my dad." Initially, Albarus was sympathetic. "I didn't want him to think I was coming in to fight," she said.
Cooley asked her whether Malvo ever talked about the "overall plan" of the sniper shootings. Albarus said Malvo discussed a plan to build a compound and recruit boys and girls. Drawings taken from Malvo's jail cell show that Malvo had a detailed, futuristic vision of the compound, with a basketball court, a planetarium and a "gallaria."
Albarus said, "I pointed out how ludicrous the thought of changing the world through 70 boys and 70 girls was." She said Malvo cited the character Tizzy from the television miniseries "Roots," who said "the system must change."
Malvo said his plan would provide "the whole changing of the system, and this new world, the super-children, was the new world that would have been brought in," reversing "enslavement and oppression," Albarus said.
Through trips to Jamaica and Antigua, Albarus said, she began separating Malvo from Muhammad's shadow. She said she interviewed Malvo's father, Leslie Malvo, and brought back an audiotape of his voice for Malvo in May.
"It was the first time Lee was hearing his father's voice in seven years," Albarus said. She said that Malvo reverted to his Jamaican accent and that when Leslie Malvo said, "That man [Muhammad] did this to my son," Lee Malvo had tears in his eyes.
During all three days of the Memorial Day weekend, Albarus brought Winsom Maxwell, one of Malvo's former teachers in Jamaica, to visit him. On the second day, when Malvo spoke to her in an American accent, Maxwell cried, and Malvo then broke down, too, Albarus recalled.
In August, Albarus brought back a videotape from Jamaica and Antigua with messages recorded for Malvo by his old friends. When he saw Marie Lawrence, his aunt and onetime guardian, singing a hymn to him from his old elementary school classroom, Malvo broke down and sobbed, Albarus said.
In the courtroom, Malvo showed no reaction to Albarus's testimony.
Under cross-examination by Horan, Albarus acknowledged she had been sending Malvo money at the jail. She said that she did not discuss his crimes but that "he told me about the plan, what this whole thing was about, that it was about creating a new society."
Earlier Thursday, the first of the defense's mental health experts testified that he gave Malvo a battery of tests in August. David Schretlen, a psychologist at Johns Hopkins University, said he was surprised that Malvo was "unusually cheerful. It was almost a goofy affect, which seemed out of step with the seriousness of the situation."
He said that Malvo had an IQ of 98, in the average range, and that he did well on nearly every test except those measuring how quickly he processed information. Placing pegs on a pegboard took "considerably longer than most people his age," Schretlen said.
Schretlen said Malvo showed no signs of dissociation, depression or psychosis. The defense plans to present more mental health experts Friday.
Also Thursday, Roush imposed a gag order on the lawyers in the case. Prosecutors complained about the defense team's daily news conferences and also about the leak of a letter written by Malvo. Roush ruled that the letter could not be used as evidence, but its text was printed in full in Thursday's Washington Post.
作者：Anonymous 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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