What We Can Expect as Sniper Case Unfolds
CAROL COSTELLO, CNN ANCHOR: We would like to turn our attention now to our legal analyst, Kendall Coffey to talk about what we can expect as the sniper case unfolds in the court system. Kevin joins us live by phone from Miami. Good morning.</s>KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Carol.</s>COSTELLO: Seven jurisdictions involved in this. It seems like such an unwieldy process. How long will it take before they figure out where these guys will be in court?</s>COFFEY: Well, in a legal sense, there's no emergency because they've got these guys held and they're going to be held -- they're not going anywhere -- on charges unrelated to the actual homicides. But I think for so many reasons, they're going to want to move very, very quickly on the charging decisions. And it's being reported that there is a prosecution summit conference that's going to take place today looking at not only the question of what charges -- and I think we can all expect that murder charges are coming -- but also what is going to be the jurisdiction that, in effect, takes the lead, what is going to be the state laws or the federal laws that are used to bring the first of these cases to trial.</s>COSTELLO: Yes, and, you know, a lot of people are pushing for the death penalty. And, of course, Virginia is the state most experienced at trying death penalty cases. Will that make a difference in the decision?</s>COFFEY: Well, I think it's going to because the starting point is that Montgomery County and their state attorney has already indicated he believes strongly that that is the jurisdiction that should take the lead. There are five homicides there. Montgomery County Police Chief Moose has been the face of this investigation. So I think that that is likely going to be the lead case, the lead jurisdiction, unless it is demonstrated, and this is one of the things that's going to be talked about today, that there are features about their sentencing laws or other procedures that make it a more difficult jurisdiction in which to get the death penalty. In some ways, Virginia's laws are more suitable for a death penalty here. On the other hand, Maryland is going to argue strenuously that the death penalty is achievable under their laws and because so many of the victims were in Montgomery County, were in Maryland, that is the most logical jurisdiction to take the lead.</s>COSTELLO: I understand. A lot of people are e-mailing this morning, asking about the juvenile that will probably be charged in this case and if he will be tried as an adult. It's likely that he will be.</s>COFFEY: Yes, it is, and the key thing from a prosecution standpoint is going to be do they perceive him to be a shooter as culpable as John Muhammad or in some sense was he somehow obviously acting in a horrible and criminal way, and yet less culpable? Because if he is seen as significantly less culpable, they'll very likely try to consider at some point cooperation on the part of Malvo, the younger one, against John Muhammad, a cooperation that might spare Malvo the death penalty. And that would also avoid some of the legal issues that are attendant to seeking the death penalty against a 17- year-old.</s>COSTELLO: Right. And just as an aside, Virginia is the only jurisdiction involved in this that executes minors.</s>COFFEY: Yes, and...</s>COSTELLO: Just an aside for you. And one more question before you go, and I want to get this in. This 17-year-old is not an American citizen. How will that play into all of this?</s>COFFEY: Well, it's not a factor in terms of U.S. laws. But from time to time foreign governments do become involved in trying to engage U.S. authorities, especially if it involves an attempt to execute a 17-year-old, because a lot of foreign governments are opposed to the death penalty as we know.</s>COSTELLO: We know. Kendall Coffey, thank you very much. It's very complicated. Of course, CNN will continue to follow this.