Leaks in sniper case could hurt prosecutors

WASHINGTON -- Prosecutors in the Washington-area sniper case seem to have put together a tidy package: a weapon, witnesses and an alleged confession from one of the suspects.

Legal experts say, however, that leaks to the media about purported incriminating statements by 17-year-old John Lee Malvo could hurt the case.

Virginia was given first shot at prosecuting Malvo and his fellow suspect, John Allen Muhammad, 41, because the state is considered most likely to impose the death penalty. A key element of the state's case emerged last week when investigators interrogated Malvo, and, according to published accounts, he confessed to several shootings.

The teen's lawyers will try to get the statements barred from his trial on the ground that he was questioned without his court-appointed guardian or attorney. They also could use the leaks to request transfer of the trial from the Washington area or, later, to challenge any conviction on grounds the jury pool was tainted.

The Constitution's Sixth Amendment guarantees an accused person a speedy trial by an impartial jury of his or her peers.

"The problem is not getting the conviction. It's getting one that will stick," Yale Law School professor Steven Duke said Monday.

Could be a 'strategy'

Duke said he doubts prosecutors intentionally had details revealed, but "this confession could be made up, as a strategy for getting the older guy to confess." Investigators also could lie and tell Muhammad the teen implicated him as the triggerman, Duke said.

Fairfax County Commonwealth's Attorney Robert F. Horan Jr. said he is "as outraged as the defense attorneys" that statements were leaked. "No law-enforcement officer, regardless of rank, should be leaking information," Horan said.

Defense lawyers will have a difficult time persuading a judge to toss out any incriminating disclosures unless Malvo asked for a lawyer.