KYRA PHILLIPS, CNN ANCHOR: D.C. sniper suspect Lee Boyd Malvo is due in a Virginia courtroom shortly. his lawyers have a host of motions on the table. One concerns a statement from a detective who met with Malvo on the day of his arrest. Our Patty Davis is in Fairfax, Virginia with more on that. Bit of an unusual report -- Patty.</s>PATTY DAVIS, CNN NATIONAL CORRESPONDENT: That's right. Well Detective Terry Ryan was interrogating Lee Boyd Malvo the day of his arrest. Malvo wouldn't talk, he would only use facial gestures and hand gestures to communicate with the detective. And Malvo allegedly gestured yes and his eyes welled up with tears when the detective told him that police knew that something had caused Malvo to leave some evidence behind at one of the scenes, the killing of a bus driver. That was the last sniper killing that occurred. Then the detective told Malvo, I bet you guys were surprised by road blocks and craziness in a separate killing in Virginia. Malvo allegedly nodded yes, and laughed. Now defense attorneys want those gestures thrown out. Prosecution has agreed not to use them, saying that they believe indeed, that they were ambiguous. Now the defense is also demanding that prosecutors release a statement by witnesses who claim that Malvo was under the spell of his alleged accomplice in the sniper killings, and that is John Muhammad. Now the prosecution says there are no witnesses who use those words. But in letters to the defense, they do say they have six people now who have come forward from Washington state who say that they saw -- they observed Malvo being very obedient to Muhammad. He would even take punishment from Muhammad. Also, one of them says that he believes that Malvo was actually brainwashed by Muhammad -- Kyra.</s>PHILLIPS: Patty Davis, we'll check in with you again next hour. Thank you. TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Malvo's Lawyers Want Gestures Out, Witness Statements In