Nearly a year after their arrest, Washington, D.C., sniper suspects Lee Boyd Malvo and John Allen Muhammad are scheduled to be in the same courtroom today. At a Manassas, Va., pretrial hearing in Muhammad’s case, prosecutors will attempt to determine whether Malvo will testify against Muhammad. The Associated Press quotes Malvo’s attorney, Craig Cooley, as saying that Malvo will invoke his Fifth Amendment right to remain silent. Cooley said prosecutors may not call a witness in front of a jury if they have a strong expectation the witness will invoke his constitutional right to avoid self-incrimination, so they deal with the issue in a pretrial hearing.
Two other issues are scheduled for argument today. The defense wants to suppress statements by Muhammad to investigators after his arrest. A second motion seeks to bar the death penalty on a charge filed under an antiterrorism law. Muhammad, 42, and Malvo, 18, have been charged with 13 shootings, 10 of them fatal.