Sniper Jury Can’t Mull ‘Impulse’ Defense

The jury in the trial of sniper suspect Lee Boyd Malvo will not be permitted to consider whether he acted under an “irresistible impulse” during last year’s sniper spree, a judge ruled Tuesday before giving the jury legal instructions.

Circuit Judge Jane Marum Roush said Malvo, 18, can still go forward with his insanity defense on the basis he was brainwashed by convicted sniper John Allen Muhammad.

But the judge denied a defense request to give the jury instructions on how an irresistible impulse relates to insanity. The law states that if a criminal cannot control an irresistible impulse, he could be considered legally insane.

Roush agreed with prosecutors who argued there is no evidence that the meticulously planned sniper killings were the result of an impulse.

“There’s just no middle ground,” said prosecutor Robert F. Horan Jr. “There is no evidence it was an impulse killing.”

After the judge’s ruling, the jury was given legal instructions, and that was to be followed by closing arguments. Later, the jury would begin deliberations on whether Malvo should be convicted of capital murder for the Oct. 14, 2002, slaying of FBI analyst Linda Franklin, one of 10 people who were killed last October during a three-week rampage in the Washington, D.C., area.

The defense has argued that Malvo was brainwashed by Muhammad, causing him to blur the distinction between right and wrong. But two prosecution psychologists testified Monday that Malvo was not mentally ill and knew right from wrong during the shooting spree.

Psychologist Evan Nelson, who met with Malvo several times last month for a total of 15 hours, said Muhammad “had a tremendous influence on this young person, absolutely.” But it wasn’t brainwashing, Nelson said; instead, Malvo idolized Muhammad.

“He felt like it was a partnership,” Nelson said.

Nelson also said Malvo’s behavior, which included meticulous planning of the killings, “is the antithesis of someone who cannot control his impulses.”

“In my opinion, he very clearly possessed the capacity to tell the difference between right and wrong as he was committing these offenses,” Nelson said.

Both Nelson and psychologist Stanton Samenow described Malvo as bright. Nelson suggested that Malvo’s intelligence would make it easy for him to feign mental illness.

Samenow, who interviewed Malvo eight times last month for a total of more than 34 hours, said Malvo described himself as independent and emotionless and “nobody’s fool.”

“Mr. Malvo knows exactly what he is doing,” Samenow said. “He knew what he was doing with me. He said to me that he is not impressionable.”

Both the prosecution and the defense rested Monday. Malvo could get the death penalty if convicted.

Muhammad, 42, was convicted last month by a jury in nearby Virginia Beach of killing Dean Harold Meyers at a northern Virginia gas station during the rampage. The jury recommended that Muhammad be put to death.