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CHESAPEAKE, Va (AP) Lee Boyd Malvo refused to identify himself and was defiantly silent when he and fellow sniper suspect John Allen Muhammad were arrested in October 2002 at a highway rest stop, an FBI agent testified Monday in Malvo's trial.
Meanwhile, a jury in nearby Virginia Beach resumed deliberations in Muhammad's trial, where prosecutors alleged in a hearing that Muhammad attempted to escape last spring.
FBI agent Charles Pierce, leader of the team that arrested the pair, described how agents took Malvo and Muhammad by surprise at the rest stop in Maryland, smashing two of the windows in their car. Malvo was asleep in the front seat and Muhammad was in the back, Pierce said.
Pierce said he asked Malvo four times to give his name, and Malvo refused.
"I would characterize it as defiant silence," Pierce said when prosecutor Robert F. Horan Jr. asked him to describe Malvo's attitude.
Pierce also said FBI agents looked for explosives in the car because they knew Muhammad had experience as a military engineer. They did not find any, he said.
Under cross-examination by defense attorney Michael Arif, Pierce acknowledged that Malvo did not resist arrest.
Malvo, 18, is charged in the Oct. 14, 2002, slaying of Linda Franklin outside a Home Depot. Muhammad, 42, is charged with the Oct. 9, 2002, slaying of Dean Harold Meyers at a gasoline station.
Muhammad and Malvo each are accused of two murder counts, one alleging they killed more than one person in a three-year period and the other that they terrorized the Washington, D.C., region in a bid to extort $10 million from the government. Both could face the death penalty if convicted.
Earlier, the man who led police to Malvo and Muhammad testified that authorities asked him to check again when he told them he had spotted Muhammad's car at the rest stop.
Whitney Donahue of Greencastle, Pa., the Malvo prosecution's first witness, testified that at 11:30 p.m. on Oct. 23, 2002, he heard a radio news bulletin that police were looking for a 1990 blue or burgundy Chevrolet Caprice with New Jersey plates and with two men in it believed to be armed and dangerous.
When he arrived at the rest stop near Myersville, Md., a little more than an hour later, he immediately noticed the Caprice.
"I thought I could see people, but I wasn't sure," Donahue testified. "The car was very dark."
Donahue called 911 on his cell phone but initially had trouble getting through. He got out of his van, checked the tags on the Caprice and still had no service on his cell phone, so he backed out of the rest area and called 911 again.
"I told them the 1990 Caprice they were looking for was there," Donahue said. "They seemed a little bit confused at first. ... They wanted me to check it again."
So Donahue said he asked another driver to check the tags as that person drove out.
"I told the dispatcher that yes, this was the car," Donahue said.
As jurors in the Muhammad case began their second day of deliberations, prosecutors said Muhammad tried to escape last spring from the Prince William County Jail.
Turning aside defense lawyers' arguments, Circuit Judge LeRoy F. Millette Jr. ruled that if Muhammad is found guilty, prosecutors will be allowed to present evidence of the attempt to the jury during the sentencing phase.
Defense lawyers said at the hearing that there was no hard evidence that Muhammad tried to escape, and any flimsy evidence of an attempt would be highly prejudicial to their client. An attempted escape might persuade a jury that Muhammad presents a future danger, one of the factors it weighs in considering the death penalty.
Prosecutor James Willett told reporters that Muhammad attempted to escape on March 23 but would not elaborate. At the Prince William County Adult Detention Center, Maj. Skip Land declined to comment.
Millette provided jurors Monday with an audio tape player that the panel had requested to listen to at least one 911 recording from a sniper shooting.
Malvo's lawyers told jurors last week they would not suggest authorities had the wrong man, but that he is innocent by reason of insanity because he was brainwashed by Muhammad, an Army veteran he looked up to as a father figure.
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