CAROL COSTELLO, CNN ANCHOR: Back here in the United States, the big question in a Virginia courtroom, should teenage sniper suspect John Lee Malvo be tried as an adult? That would make him eligible for the death penalty. The hearing resumes just about three hours from now. Our Jeanne Meserve has details.</s>JEANNE MESERVE, CNN CORRESPONDENT: Ten witnesses took the stand on Tuesday, the most compelling, William Franklin. He is the husband of Linda Franklin, the FBI analyst who was gunned down in a Home Depot parking lot just three months ago. He described how the two of them were struggling to put a bookshelf into their car when he heard a loud noise and felt a spray across his face. At the time he thought the loud noise was just a piece of wood hitting asphalt. He only realized later that it was a gunshot and that that spray across his face was his wife's blood. He described with a faltering voice how he stayed with her with a hand on her leg, another on her hip until rescue squads arrived. Most of the other witnesses were law enforcement officers who were involved in securing crime scenes and collecting evidence. The prosecution trying to establish the integrity of their evidence which includes bullet fragments and cartridges, communications from the sniper and also a map recovered near Manassas, Virginia, on which Malvo and Muhammad's fingerprints were found. Prosecutor Horan emphasized that in two phone calls and in two written communications there were threats. There also were demands for money. It is not a coincidence that under Virginia's new anti- terrorism statute it will have to be demonstrated that there were efforts to intimidate both the public and the government. The hearing resumes at 9:00 a.m. this morning, 15 more witnesses expected. Jeanne Meserve, CNN, Fairfax County, Virginia.
Prosecutors Want Malvo Tried as an Adult