FAIRFAX, Va. (CNN) -- Sniper suspect Lee Boyd Malvo implicated his
alleged accomplice as an equal partner in their shooting spree, with
John Allen Muhammad acting as a spotter and calling out shots,
In a legal brief made public Tuesday, Fairfax County prosecutor
Raymond Morrogh also said Malvo made multiple confessions to the Oct.
14 shooting of FBI analyst Linda Franklin, the case that is expected
to be his first to go to trial.
The brief was the first official confirmation of reports from
anonymous sources that Malvo had confessed to taking part in the
multistate shooting spree last year that left 13 people dead and six
wounded. It also was prosecutors' first substantial description of
the relationship between Muhammad, 42, and Malvo, 18.
The pair "acted as a unit," Morrogh said. "One would be the spotter,
while the other would do the shooting."
Malvo also "claimed both were equals and either could call a
particular shot on or off," Morrogh wrote.
Nothing in the brief indicates that prosecutors have any evidence
that Muhammad fired any shots. But if the pair acted as a team,
Muhammad could get the death penalty under Virginia's new
anti-terrorism law, passed in the wake of Sept. 11.
Malvo's confessions are unusually detailed and are corroborated by
other evidence, Morrogh wrote. He added that Malvo has expressed no
Morrogh wrote that the confession made by Malvo "was uncoerced and
completely voluntary. ... In fact, the Defendant was calm and rather
boastful of his doings in this case."
The two men have been accused of shooting 19 people, killing 13 and
wounding six in Alabama, Georgia, Louisiana, Maryland, Virginia and
Washington, D.C. No one was hit in another incident, in which a
bullet went through a craft store window.
Malvo is set for trial in November in the slaying of Franklin.
Muhammad is scheduled for an October trial in another slaying in
neighboring Prince William County. Both face the death penalty.
Morrogh's brief was a response to a request from Malvo's lawyer,
Michael Arif, for any evidence that might clear his client. "The
Commonwealth does not have evidence that casts doubt upon Defendant's
guilt," Morrogh wrote.
Efforts to reach Arif Tuesday evening were not immediately
successful. Peter Greenspun, who represents Muhammad, was out of town
Tuesday and could not be reached for comment.
Also Tuesday, Fairfax County Commonwealth's Attorney Robert F. Horan
Jr. said he still had not decided whether to seek the death penalty
against Malvo because he had not yet seen all the evidence in the
"If at the end we feel there's sufficient evidence to ask for the
death penalty, we will," Horan said.