Sniper's Ex Tells Of Death Threat
The prosecution has rested its case in the sentencing phase of John Muhammad's murder trial.
This afternoon, defense attorneys are presenting witnesses they hope will persuade jurors to spare Muhammad's life.
"Prosecutors want to continue to demonize Muhammad while defense attorneys want to try to humanize him and convince jurors that his is a life worth sparing," said CBSNews.com Legal Analyst Andrew Cohen. "Those two themes are going to continue right on through closing arguments."
Muhammad's attorneys have their work cut out for them, he said.
"Jurors showed through their verdicts that they already believe that Muhammad was fully responsible for the sniper attacks and that's got to help prosecutors immensely as they try to get a death sentence against him," Cohen said.
A friend of the convicted sniper, Ruby Francis, described Muhammad as a "kind-hearted person," who was "soft-spoken and free-spirited."
The ex-wife of convicted sniper mastermind John Allen Muhammad testified at his sentencing Wednesday that he had threatened to kill her three years ago, after the couple separated.
"He said ... 'You have become my enemy, and as my enemy I will kill you,"' Mildred Muhammad told the court.
She said John Muhammad also said in early 2000, the year they divorced, that he wouldn't let her raise their three children. He took the children with him to the Caribbean shortly afterward, though Mildred Muhammad regained custody the following year. After that court hearing, she said, her ex-husband stormed after her.
"I ran down the hall because of the way he was coming toward me. For me, I knew it was hostile. I knew he was coming for me," she said.
She left with the children for her home in Clinton, Md., the night after the hearing and said she didn't see her ex-husband again until Wednesday's hearing.
John Muhammad was convicted Monday of capital murder in the sniper shooting of Dean Harold Meyers, one of the 10 people shot to death during three weeks of attacks that terrorized the Washington area last fall.
Prosecutors have said one motive for the sniper spree may have been revenge against his ex-wife and that she might have been the ultimate target, with the other attacks meant to make her shooting appear random so John Muhammad could gain custody of their children. The judge, however, barred prosecutors from making that argument at trial, saying they lacked evidence.
On cross-examination, Mildred Muhammad, who was guarded by two deputies during the hearing, said John Muhammad had at first been "a good father" but something changed in after the Army veteran returned from the 1991 Persian Gulf War.
She also read letters written by the children to their father.
"This is your baby girl Taalibah," John Muhammad's 10-year-old daughter wrote. "I miss you soooooooo much." She asked him some questions in the letter: "Why did you do all these shootings? ... Did you say my name on TV? ... Did you do most of the shootings?"
John Jr., 13, wrote: "Wish you were here with me. ... I've made new friends. You were right. I have more female friends than male friends. I love you so much and nothing will change that."
Selena, 11, wrote: "I play the violin like Minister Louis Farrakhan. I am happy to get to write a letter to you. ... I pray that I can write you a letter again. I love you and I always will.
Mildred Muhammad testified that the children had wanted to write to their father for some time. "I told them they have the right to love their father," she said.
The penalty phase of Muhammad's trial included testimony from relatives of his victim, Dean Harold Meyers. Muhammad could get life in prison without the possibility of parole.
The prosecution had tied Muhammad and his alleged partner, Lee Boyd Malvo, to shootings throughout the Washington region and the Southeast as far back as early 2002. Millette approved a defense motion limiting the testimony to the family of Dean Meyers, who was killed at a Manassas gas station Oct. 9, 2002 and for whose murder Muhammad was convicted.
Most of the evidence linking Muhammad to the Meyers killing presented during the trial was circumstantial, and his lawyers argued there was no proof he was the killer or even planned the shooting.
Prosecutors argued that didn't matter, saying Muhammad exerted such control over the young Malvo that the two created a "killing team" bent on murder.
Prosecutors said they would present evidence during sentencing that Muhammad plotted to escape from a Prince William detention center in March, proving he is not fit to live in prison. The plan was discovered, and Muhammad was placed in solitary confinement.
Conway also said at least two other shootings are linked to Muhammad. In one case, a bullet was shot through a Tacoma, Wash., synagogue. Conway suggested Muhammad was behind the crime, hinting at anti-Semitic statements that Muhammad allegedly made.
Following Monday's verdict, victims' relatives said Muhammad should die for the murders.
"I can't think of too many more heinous crimes than this one," said Robert Meyers, Dean Meyers' brother.
"About the only bit of good news for Muhammad was a ruling from the judge that only the family members of Meyers could testify about the impact his death had on their lives," said Cohen. "That means that there will be no parade of family members of other sniper victims and that's got to help Muhammad's chances of avoiding a death penalty."
Also Monday, Fairfax County prosecutors opened their capital murder case against Malvo in nearby Chesapeake. He faces the same murder charges as Muhammad for allegedly killing FBI analyst Linda Franklin Oct. 14, 2002 in Falls Church.
Franklin's husband, William Franklin, testified briefly about the night his wife was shot in the parking garage of a Home Depot store. He said he heard a loud noise and felt what turned out to be his wife's blood hit him on the side of the face.
Circuit Judge Jane Marum Roush refused to allow prosecutors to play a tape of the 911 call Franklin made to report his wife's death, which was admitted into evidence during Muhammad's trial.