Sources told CNN that Malvo is expected to invoke his Fifth Amendment right against self-incrimination.
CNN: Sniper suspects Muhammad, Malvo face each other in court
Malvo was transferred Tuesday from the Fairfax County detention center to Manassas, officials said.
CNN: Sniper suspects Muhammad, Malvo face each other in court
Malvo was supposed to have been on lookout when they were captured, police said.
They argue that Malvo was influenced by Muhammad and are using an insanity defense.
After he was arrested in the sniper shootings, Malvo, now 18, wrote to a fellow inmate.
Malvo will be tried in Chesapeake, while Muhammad is to be tried in Virginia Beach.
The material was introduced by prosecutors in the Malvo trial and received widespread publicity at the time.
Johnson did not see Malvo, the chief said, but a second witness placed him at the scene earlier.
In the handwritten letters, copies of which accompanied the motion, Malvo does not directly discuss the sniper shootings.
The matter now moves on to the trial of Mr Malvo in Chesapeake, not far from Virginia Beach.
Muhammad and Malvo were arrested on October 24, 2002 while sitting inside the Caprice at a Maryland rest stop.
Malvo also cited different reasons for the shootings, which he is alleged to have committed with John Allen Muhammad.
CNN: Guard: Sniper suspect Malvo planned to shoot bus full of kids
"When a man's upset, he can't think straight, " Stracke quoted Malvo as saying.
CNN: Guard: Sniper suspect Malvo planned to shoot bus full of kids
Greenspun said he learned of the letters only by following the Malvo case.
In addition, a police officer identified Muhammad from a photo line-up, and Malvo was identified from "other evidence, " Wilson said.
In a taped confession, Malvo had said he was the shooter, and prosecutors built their case based on that scenario.
Malvo is to stand trial in November in the death of Linda Franklin outside a Home Depot in Falls Church.
Muhammad and his accomplice, Lee Boyd Malvo, then 17, taunted police with written messages, phone threats and demands during the rampage.
He said the statements undercut Malvo's argument that he was under the older man's control at the time of the shootings.
Montgomery police plan to seek the death penalty for Muhammad and Malvo on capital murder charges, Police Chief John Wilson said Friday.
Wayne Davis, a guard at Baltimore, Maryland's so-called Supermax prison facility, said he talked to Malvo shortly after his arrest last October.
CNN: Guard: Sniper suspect Malvo planned to shoot bus full of kids
During the trial, prosecutors argued Muhammad was the mastermind of the sniper attacks, while accomplice Lee Boyd Malvo fired the fatal shots.
Malvo, 19, was convicted in a separate trial of another sniper shooting.
Wednesday morning, defense attorneys argued unsuccessfully to exclude any testimony about sniper attack victims other than Franklin in sentencing proceedings if Malvo is convicted.
But the psychologist said he believes Malvo took the blame because he blamed himself "for the failure of the mission" when they were captured.
The guards' testimony came during a hearing at which defense attorneys sought to prevent Malvo's statements to jailers from being used at his trial.
CNN: Guard: Sniper suspect Malvo planned to shoot bus full of kids
Fairfax County prosecutor Robert Horan argued against releasing the 23-page document to Malvo's attorneys in July, saying the statements implicated rather than aided Malvo.
The Supreme Court could likely take up the larger question of whether juveniles should be executed and with that Malvo's case really would be irrelevant.
CNN: Malvo likely won't be part of campaign to end juvenile death penalty
Walsh said Malvo was subpoenaed to appear at the Muhammad trial.
CNN: Sniper suspects Muhammad, Malvo face each other in court
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