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To Sniper Suspect, Killing Was a Test, Psychologist Testifies

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Times Staff Writer

Sniper suspect Lee Boyd Malvo’s first test, a psychologist testified Tuesday, reportedly came in Tacoma, Wash. Could he convince his mentor that he could follow orders and kill without emotion?

According to the psychologist, Malvo approached a home in a quiet residential neighborhood and knocked. A 21-year-old woman answered. He shot her in the face.

Keenya Cook was not the intended victim. Her aunt, against whom convicted Washington, D.C.-area sniper John Allen Muhammad, held a grudge, was. But after Cook opened the door Feb. 16, 2002, clinical psychologist Dewey Cornell of the University of Virginia said, Malvo was told he had passed the test.

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Cook’s death allegedly launched a cross-country murder spree that culminated eight months later with the deaths of 10 random victims around the nation’s capital. Muhammad, 42, was convicted of capital murder last month in nearby Virginia Beach, Va.; Malvo’s trial entered its 18th day Tuesday, with the defense preparing to rest its case. His jury could recommend the death penalty, as a separate jury did for Muhammad.

Cornell, who recounted Malvo’s description of Cook’s killing, had spent 54 hours interviewing the teenager in jail. “He told me that John Muhammad wanted [the aunt] killed and that it was a test of his ability to carry out violence,” the psychologist testified.

Over two days on the witness stand, Cornell said that Malvo was suffering from dissociative disorder -- meaning he was out of touch with reality. The disorder, he said, qualifies as a mental disease under Virginia law.

Malvo, 18, has pleaded not guilty by reason of insanity, and his defense says the teenager was manipulated and indoctrinated by Muhammad to the point that he could not distinguish between right and wrong.

Malvo’s court-appointed attorneys have called a parade of psychologists to testify about the defendant’s mental health. Some were experts on cults and indoctrination, others on addictive relationships and “child soldiers.” Prosecutor Robert F. Horan Jr. has raised frequent objections, saying the defense is trying to introduce a “grab bag” of doctors whose testimony is irrelevant and is designed to confuse the jury.

“I think what the defense is doing is incredibly smart,” James Oleson, a lawyer and criminologist at Old Dominion University in Norfolk, Va., said in an interview. “They are bringing all this stuff in under the banner of indoctrination. They are presenting a lot of images, a lot of concepts the jury can hold onto. They are planting seeds they can later cultivate in the penalty phase of the trial.”

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By basing their defense on an insanity plea, Malvo’s lawyers have introduced mitigating evidence about his mental health, which normally would be allowed only in the penalty phase. Also, psychologists can testify on what Malvo told them and can state their opinions.

Cornell also testified that Malvo told him he was the triggerman only in the murder of bus driver Conrad Johnson -- the last sniper victim. In the other attacks, he said was Muhammad’s spotter, Cornell said.

On his taped confessions to investigators immediately after his arrest, Malvo had said that he shot all 10 Washington-area victims.

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