Prosecutors objected to that testimony as irrelevant. "There is no war in this case," said lead prosecutor Robert F. Horan Jr. "These were innocent civilians slaughtered on the street."
The attorneys for Muhammad and Malvo are in private practice, where they most likely charge much more than $125 an hour. And the lawyers say that once high-profile, time-consuming cases such as the sniper trial are over, their practices are all but decimated because their clients have sought legal counsel elsewhere.
If Muhammad and Malvo ever face trial in Maryland, their attorneys will not be nearly as well compensated. Muhammad would be represented by the staff of the Montgomery County public defender's office. Lawyers in private practice would be appointed to take Malvo's case, but they would be paid Maryland's set rate for court-appointed lawyers, $30 an hour for preparation time and $35 an hour for court time.
Harris, the state's public defender, declined to say how much the state is paying to attorneys or mental health experts in the sniper cases. He said such information could be used against the defendants by prosecutors.
"I have a constitutional responsibility to my clients," Harris said. "At this point, in a pending case, that supersedes my responsibilities as a public official."
Harris also said that he lives within his budget. The state provides his office with $60 million a year to pay the salaries of 487 public defenders across the state and for any investigative or mental health work they require for their cases. Last year, those public defenders represented 177,000 clients.
In discussing the costs of trials, defense attorneys often say that poor compensation for court-appointed attorneys can make it impossible to put on a solid case. Virginia does not limit costs in death penalty cases. The state pays a flat rate of $1,096 to attorneys handling felony cases punishable by 20 years to life in prison.
"It's ridiculous," said James Hingeley, the public defender in Charlottesville, Va. "Once you pay the overhead to keep your office open, you end up paying money to help the state meet its constitutional obligation to provide counsel to indigent defendants."
Most poor defendants don't receive the same barrage of legal representation that the sniper suspects have, but defense lawyers say the added costs are warranted because prosecutors are sparing no expense in their quest for death sentences. Prosecutors hired $500-an-hour psychologist Park Dietz to evaluate Muhammad, but the sniper suspect refused to meet with him.
"These are exceptional cases, and the prosecution has paid an exceptional amount of money [to its experts], so it's only reasonable to have the same kind of expense on the defense side," Hingeley said. "I don't think it's out of line at all."
"Do I think it's exorbitant?" Snider said. "You bet. But whatever my opinion is about it, they have a right to a legal defense. Just imagine what it will cost if it keeps being tried again and again."
The state's attorney in Montgomery County, Douglas F. Gansler, would like to try both defendants on his turf, and he said the costs would be minimal, given the groundwork that has been done. He said mental health experts hired by Virginia prosecutors would be at his disposal. But he said he has not contributed any money to the prosecutions in Virginia.
"We in Montgomery County have paid the lion's share of the costs already," Gansler said. "It's hard to rationalize or justify why any expenses of the prosecution or defense in another jurisdiction are being paid by Maryland authorities."