CrimLaw

Malvo:

(1) Muhammad's actual son testified today:

In his testimony, Lindbergh Williams said he loved his father, but also recounted to the Malvo jury how Muhammad repeatedly told him of the alleged abuse he was receiving from his mother.

"If you tell an 11-year-old something on a constant basis every day, every day, eventually you're going to believe it," Williams said.

Williams, now a 21-year-old janitor in Baton Rouge, Louisiana, was Muhammad's first son, born to Muhammad and his first wife, Carol Williams. The couple separated when Lindbergh was a toddler.

When Lindbergh Williams was 11, he spent a summer with his father. Lindbergh described his father as person with a "big heart" who loves children. But, Williams said, the man also is "a manipulator."

"If he sees weakness, he'll take advantage of your weakness," he testified.
. . .
Prosecutor Robert Horan Jr. questioned Williams in an apparent effort to show that as an 11-year-old he was able to overcome the will of his father.

But Williams said it was not his decision to return to his mother. Instead, he said, Muhammad's second wife, Mildred, persuaded Muhammad to return the boy.

(2) Muhammad's first wife testified that Malvo wrote a letter trying to get help to get out of his situation prior to the Washington murders.

(3) The exchange between the prosecutor and Mr. Cooley when the Defense began to introduce the tape of Muhammad's hearing wherein he lost his children:

Fairfax County Commonwealth’s Attorney Robert F. Horan Jr. called the defense’s theory “nonsense’’ and “a red herring.’’

“Thousands and thousands of people lose their children every year in divorce court’’ and never kill people, Horan argued after objecting to jurors being allowed to hear custody testimony.

“Judge, that is such speculation, it should never be allowed in this trial. Because that’s all it is. ... They were here on a totally different mission,’’ Horan said.

“Their intent was to get the government to give them money. … The goal of killing Mildred Muhammad is a pipe dream. It is a convenient pipe dream.’’

. . .

Roush sent the jury out of the room and asked Cooley, "Is anybody going to say the custody decision was at all a reason for the shootings?"

Cooley cited a number of threats against Mildred Muhammad and said, "Mr. Muhammad's intentions were recovering his children." He noted that when Muhammad was arrested last year, he told investigators of his nationwide search for his children.

Roush allowed the jury to hear the tape.

(4) A glimpse of things to come . . .

Malvo's lawyers theorize John Muhammad planned to kill his ex-wife during the sniper shootings, and then regain custody of the children. The same theory was advanced by Muhammad's prosecutors.
. . .
Cooley said the contrary positions taken by different prosecutors for the same crimes are difficult to reconcile.

"They have certainly taken contrary positions in these two trials, about as contrary as you can get," he said outside of court. "I think you'll see it raised as an issue later in this trial."

(5) Muhammad and the grenade:

Also on Tuesday, Roush ruled that jurors can hear about an incident in which Muhammad allegedly threw a grenade into fellow soldiers' tent while serving in the Army during Operation Desert Shield. Muhammad was never charged in the matter, and no one was injured.

Prosecutor Robert F. Horan Jr. argued that Muhammad's military records describing the incident and the accusations against him should not be permitted as evidence because they contained speculation from soldiers who could not be cross-examined in court.

While allowing the alleged grenade attack to be introduced as evidence, Roush barred much of Muhammad's military records, saying they contained speculation and opinions about Muhammad that are not permissible in a trial.

(6) More on Malvo's mother and her failure to come to testify.