- The Washington Times - Tuesday, September 16, 2003


Attorneys for sniper suspect Lee Boyd Malvo want prosecutors to provide additional details about DNA evidence found near the Bowie school where a 13-year-old boy was shot during last year’s sniper spree.

The defense team argued in a court motion made public yesterday that they need additional information about DNA evidence found on five cigarette butts, the barrel of a ball-point pen and a Price Club card found at the Benjamin Tasker Middle School crime scene, where Iran Brown was seriously wounded Oct. 7.

The motion does not state whether Mr. Malvo or fellow suspect John Allen Muhammad’s DNA was found on those items. The attorneys ask for additional information on who recovered the information and exactly where it was found.

The attorneys also seek additional information about DNA evidence found on the Bushmaster rifle that authorities believe was used in the sniper shootings. Authorities have previously said that only Mr. Malvo’s fingerprints were found on the weapon.

The motion also lists a series of items that defense attorneys say is lacking any information to determine what, if any, DNA evidence was recovered. They include a note, a tennis shoe, a cellular phone, and fecal matter.

Defense attorney Mark Petrovich said the information provided by prosecutors does not provide the rudimentary details necessary to assist the defense in its trial preparation.

The issue is one of several scheduled for argument at a pretrial hearing today.

Mr. Malvo, 18, and Mr. Muhammad, 42, have been charged with 13 shootings, including 10 deaths, over a three-week span in October in Virginia, Maryland and the District.

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