On Tuesday, at the Connection’s presstime, the public and media listened to the first official presentation of some of the evidence that will be used by the prosecution in the trial of John Lee Malvo. Malvo, 17, is facing prosecution for the Oct. 14 shooting of Arlington resident Linda Franklin, 47.
Last Friday, Jan. 10, Judge Charles J. Maxfield denied the request of Malvo’s attorneys to close the hearing to the public and press.
“This is all a matter of timing, when the evidence will be told to the public. Next week [Jan. 14] is just not necessary,” said Todd Petit, Malvo’s court-appointed guardian. “By opening the preliminary hearing, it will continue to exacerbate bias. It’s comparable to saying: we’ve already injured somebody, who cares if we kick him a couple more times in the head … Why don’t we stop the bleeding while we can until the trial.”
Fairfax County, so far, has received requests from 113 people from 32 different media organizations, including people from Virginia, Maryland, D.C., Alabama, New York and Washington state, as well as Germany and England, according to Kathy Simmons of the Fairfax County Office of Public Affairs. Twelve television stations, 12 different newspapers, five radio stations and two magazines and one wire service have already requested access to the court proceedings.
INTENSE INTEREST in the case will not jeopardize Malvo’s right to a fair trial, according to Robert F. Horan Jr., Fairfax County Commonwealth’s Attorney.
“O.J. was televised and it was out there in the public. Who is going to say that he didn’t get a fair trial?” said Horan. “He [Malvo] will get a fair trial. That is the great equalizer of the American Court system.”
All evidence presented by the prosecution will be heard by the jury when it goes to trial, said Horan.
Despite the public’s interest in the trials of both Malvo and John Lee Muhammed, facing charges in Prince William County, unbiased jury members will be found, according to Maxfield.
“There is already a lot of information out there. Those citizens who want to know about this case know already. Those who are out there that don’t, will be potential jurors. We have to find them,” said Maxfield, who pointed to highly publicized trials during the 1950s and during Watergate. “They were well publicized. They found juries.”
The Jan. 14 preliminary hearing took place at Fairfax County Juvenile and Domestic Relations District Court in Fairfax.