Admissibility of Malvo Confession to Be Decided Monday
KYRA PHILLIPS, CNN ANCHOR: Last fall's sniper shootings terrorized the Washington, D.C. area, but Virginia prosecutors say they were a laughing matter to suspect Lee Boyd Malvo. Details of his confession are now surfacing. It is information, prosecutors say, is key to their case. Joining me now with details, CNN's Kathleen Koch -- Kathleen.</s>KATHLEEN KOCH, CNN CORRESPONDENT: Kyra, prosecutors in a new court filing paint a picture of a young man who was calm, jovial, and not the least bit intimidated by police as he told them in early November about the sniper shootings he was accused of. Virginia prosecutors contend that the confession of then 17-year-old Lee Boyd Malvo was made willingly, and is admissible in court. They insist that Fairfax County police detective June Boyle (ph) asked Malvo four times whether he wanted to speak without a lawyer. Prosecutors admit that Malvo responded -- quote -- "do I get to see my attorneys?" -- and quote -- "my attorneys told me not to say anything to the cops until they got here." But prosecutors argue that neither constituted a direct request for an attorney, and they point out that Malvo also signed with an "X" a form waiving his right to an attorney before questioning. Now, of course, Malvo's defense attorneys have quite a different opinion on all this. They filed a motion earlier this month to have a judge throw out the statement. The defense argues that Malvo, as a Jamaican citizen, had a right to consular officials when he was detained, and they insist that he not only asked for an attorney, but he asserted constitutional right to remain silent a number of times. However, this new prosecution filing says that Malvo did anything but, that he was laughing as he described shooting FBI employee Linda Franklin in the head outside a Virginia Home Depot store. The filing also says that Malvo told detectives about taking a shot at a young boy but missing. The prosecution filing reads -- quote -- "Malvo actually smiled and chortled as he recounted this event. Evidently, Malvo found it amusing that as the errant bullet flew past the boy's head, he swatted at the air as if a bee had buzzed to close." Now, there were no details given in this filing on when or where that alleged shooting occurred. A Virginia circuit judge is scheduled to hear the arguments on the admissionability (ph) of Malvo's alleged confession on Monday -- Kyra.</s>PHILLIPS: Well, do you think attorneys can keep that confession out of court? And if so, how can that affect the case, Kathleen?</s>KOCH: It's going to be very tough because despite the fact, again, that he did make -- Malvo apparently made these statements saying he asked about his attorney, he said that they had said not to talk to police until they got there, there is a lot of precedent, apparently -- if you don't make a direct request -- if you don't say, I want my attorney, or I will not speak -- or say, answer any further questions until I have my attorney present, that that sort of thing is admissible. So it will be very tough. The prosecution, at the same time, still believes it has got a lot of very good, very solid evidence. Though the alleged confession would help them immensely, without it they believe they do still have a case.</s>PHILLIPS: All right. Our Kathleen Koch. Thank you so much.