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This is an archive article published on November 8, 2002

Sniper case may shift to state having death penalty

Fairfax County, Virginia., authorities filed capital murder charges on Wednesday against John Allen Muhammad and John Lee Malvo, joining six...

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Fairfax County, Virginia., authorities filed capital murder charges on Wednesday against John Allen Muhammad and John Lee Malvo, joining six other local jurisdictions seeking to prosecute the men accused in the month-long Washington area sniper shootings.

Fairfax Commonwealth’s Attorney Robert F. Horan Jr. joined prosecutors in Prince William, Hanover and Spotsylvania counties in using Virginia’s new anti-terrorism law to charge that Muhammad, 41, and Malvo, 17, carried out the shootings to intimidate the public or influence the government.

The Fairfax charges come amid widespread speculation that the first prosecution could unfold in Virginia, where legal experts agree the chances of securing the death penalty against both suspects are best.

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Attorney General John Ashcroft met with federal investigators this week as he decides where the first trial will take place.

Virginia has executed more people than any other state besides Texas. In addition, neither Maryland nor federal law allows the execution of juveniles, but Malvo would be eligible for capital punishment in Virginia.

Muhammad and Malvo also face charges in Montgomery and Prince George’s counties and capital charges in US District Court in Maryland in connection with the shootings. (LATWP)

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