Sniper case begins
Maryland and the federal government vied for the honor, but Virginia got the first crack at trying two suspects in the series of 13 sniper attacks that terrorized the Washington, D.C., area last fall and left 10 people dead. The reason: John Muhammad, 41, and John Lee Malvo, 17, are most likely to get the death penalty if convicted there. This week, prosecutors take the first step toward convicting Malvo, a Jamaican illegal immigrant, of capital murder when they try to persuade a judge to transfer him to adult court. Minors can be executed in Virginia only if they're convicted of a capital offense in adult court.
At the hearing, Malvo's defense team will fight to keep their charge in the juvenile system. But one of his attorneys, Roger Groot, admits it could be tough. "The older the kid [and] the more serious the charge," he says, "the harder it is" to avoid transfer to adult court.
Malvo is charged with the October 14 slaying of Linda Franklin, a 47-year-old FBI employee shot in a suburban Home Depot parking lot. Robert Horan Jr., the chief prosecutor, need only show probable cause of Malvo's involvement in the murder to get the transfer. Nonetheless, lawyer Todd Petit, Malvo's court-appointed guardian, insists there's a "good chance" he can show there's no probable cause. But don't bank on it: Horan says he has strong evidence that Malvo was a triggerman.
Malvo is charged with two capital murder counts; the first requires proof that he killed more than once within three years. The other charges him with violating Virginia's new antiterrorism law. The hearing is the first in what promises to be a lengthy and complex dance of legal maneuvers. Malvo's lawyers are almost certain to try to suppress statements he has made to police since his arrest. They may also argue for a change of venue. So Malvo may not face a jury until next year. -Thomas K. Grose
This story appears in the January 20, 2003 print edition of U.S. News & World Report.
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