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Malvo Spared the Death Penalty
Lexington, KY, Herald-Leader ^ | 12-24-03 | Liptak, New York Times News Service

Posted on 12/24/2003 7:45:30 AM PST by Theodore R.

Posted on Wed, Dec. 24, 2003

Malvo spared the death penalty PROSECUTOR ATTRIBUTES JURY'S DECISION TO DEFENDANT'S YOUTHFUL APPEARANCE By Adam Liptak NEW YORK TIMES NEWS SERVICE

CHESAPEAKE, Va. - A jury spared the life of Lee Boyd Malvo yesterday, instead sentencing him to life in prison without parole for murders and terrorism in the Washington-area sniper shootings last year.

The sentence came just weeks after John Allen Muhammad, Malvo's mentor and partner in the sniper attacks, was also convicted of murder and terrorism and was sentenced to death. Malvo, 18, was 17 at the time of the crimes.

The men must stand trial for other murder charges, but the jury's decision to spare Malvo's life showed that it was reluctant to put a 17-year-old to death even though it had rejected his insanity defense.

Malvo was found guilty of killing Linda Franklin, 47, an FBI analyst, in the parking lot of a Home Depot store in Falls Church, Va., on Oct. 14, 2002. Muhammad was convicted of killing Dean Meyers, 53, an engineer, who was pumping gas in Manassas, Va., on Oct. 9, 2002.

Robert F. Horan Jr., the lead prosecutor in the case, said Malvo's youthful appearance was a key factor in the jury's sentencing decision. "He's very lucky that he looks a lot younger than he is," Horan said.

He also said he learned long ago to avoid trials in late December: "Whatever you do, don't try one in Christmas week."

Several of the eight women and four men on the jury appeared at a news conference after the proceedings as their foreman read a statement about their deliberations.

"This case was both mentally challenging and emotionally exhausting," said the foreman, Jim Wolfcale, 41, a minister. "Deep thought and consideration went into our deliberations and the decisions that we made. We, the jury, wish to express our heartfelt sympathy to the victim's family and friends."

Malvo was fined $100,000 on each of the two counts. He will be formally sentenced on March 10.

The defendant's mother, reached by phone in Malvo's native Jamaica, expressed her appreciation to the jury. "I thank God that they spared his life," Una James said.

U.S. Attorney General John Ashcroft chose to send the suspects first to Virginia largely because they could face the death penalty if convicted. The other jurisdictions that could have tried Malvo for the Washington area shootings, Maryland, the District of Columbia and the federal system, do not allow juvenile offenders to be executed.

Muhammad was sentenced to death last month by a jury in Virginia Beach.

Virginia prosecutors have indicated they intend to flip the charges against the two men, trying each for the murder of which the other has been convicted.

Craig S. Cooley, one of Malvo's lawyers, said he expects more trials, mentioning Baton Rouge, La., and Montgomery, Ala., the site of two killings before the Washington area rampage began, as possibilities. Both states allow the execution of juvenile offenders.

Malvo appeared wary and scared as the verdict was read. A faint smile appeared on his face as he heard the sentence on the first count, for killing Franklin as part of a terror campaign. A look of relief washed over his face as the second verdict, for multiple killings in a three-year period, was read.

Katrina Hannum, 25, Frank-lin's daughter, sobbed as the sentences were read. Franklin's husband, William, expressed no emotion.

The evidence against Malvo was in many ways stronger than that against Muhammad, further indicating that his age played a crucial role in the jury's determination. There was more physical evidence that Malvo was the triggerman in many of the shootings; he confessed to all of the shootings in a series of statements made to prison guards and detectives in November 2002; and even recently his lawyers conceded that he shot several people in the snipers' cross-country killing spree.

The defense's dominant theme through the seven-week trial was that Malvo was younger than his years in maturity and judgment. He appeared in court almost every day wearing oversized sweaters selected by one of his lawyers and that lawyer's wife.

"Certainly youth is a major mitigating factor," said Craig S. Cooley, a lawyer for Malvo.

The prosecution, by contrast, presented a compelling and condensed two hours of testimony during the sentencing phase, including from seven relatives of victims.


TOPICS: Crime/Corruption; Culture/Society; Government; US: Virginia
KEYWORDS: chesapeake; illegal; illegalalien; injustice; islam; jihad; jihadinamerica; johnmuhammad; leeboydmalvo; lindafranklin; malvo; malvotrial; terror; terrorism; terrorist; va
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This VA jury was "soft-hearted" under the circumstances. I wonder if it had heard the Terri Schindler Schiavo case in FL if it would have been as sympathetic.
1 posted on 12/24/2003 7:45:30 AM PST by Theodore R.
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To: Theodore R.
If Malvo didn't deserve a death sentence, then who does? More than one jury has been sympathetic (notably in NYC) towards terrorist killer and toward those who kill Jews.
2 posted on 12/24/2003 7:54:50 AM PST by Dante3
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To: Theodore R.
Life in prison with no chance of parole.... means he can't get out until Hilary is elected (tip o'the hat to Abe Simpson)
3 posted on 12/24/2003 7:57:54 AM PST by abovethefray
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To: Theodore R.
The jury had mush for brains. Now Malvo can plot from prison, maybe even be pardoned or escape and inflict another reign or terror. Or perhaps he will meet his maker in prison such as Dahmer did.

One announcer wondered why that particular community was chosen for the trial since juries there allegedly have never given criminals ever the death sentence.

4 posted on 12/24/2003 7:59:13 AM PST by Dante3
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To: abovethefray
Do you think this same "compassionate" jury would, however, starve and dehydrate Terri Schindler so that her "loving husband" could carry out "her wishes"? Sometimes is seem that in American "justice" the only thing worse than arbitrary judges is arbitrary juries.
5 posted on 12/24/2003 8:00:47 AM PST by Theodore R. (When will they ever learn?)
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To: Theodore R.
This jury absolutely failed in it's duty and responsibility. I'm ashamed of them.
6 posted on 12/24/2003 8:13:03 AM PST by pgkdan
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To: Dante3
He will be formally sentenced on March 10
Why does this take so long ?
7 posted on 12/24/2003 8:18:57 AM PST by 1066AD
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To: pgkdan
Was this jury from an area known for avante-garde liberalism, or was it full of minorities?
8 posted on 12/24/2003 8:19:45 AM PST by Theodore R. (When will they ever learn?)
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To: pgkdan
I am ashamed of the jury also. I'm wondering if any of them will now go on TV to ask for leniency for terrorists.

I suspect this same jury would have pronounced the death sentence for Terri Schindler. Terri's case is a true horror story, with a crazy judge saying she should be starved to death to protect her privacy or some such nonsense.

9 posted on 12/24/2003 8:20:19 AM PST by Dante3
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To: Dante3
Is there a chance he will be tried for the other murders in VA and AL and LA?

I think in the long run he will get the nighty-night shot.

Conrad
10 posted on 12/24/2003 8:22:37 AM PST by C-Note
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To: Theodore R.
In general population he will be a hero...and a focal point of recruiting
11 posted on 12/24/2003 8:25:08 AM PST by joesnuffy (Moderate Islam Is For Dilettantes)
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To: Theodore R.
He was the shooter for God's sake. How can you not kill him. This country has gone to hell.

Maybe they'll try him again in Alabama, and do it right.
12 posted on 12/24/2003 8:29:33 AM PST by Vision
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To: C-Note
I hope he will be tried in Alabama. I would like to know more about this jury.
13 posted on 12/24/2003 9:43:19 AM PST by Dante3
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To: C-Note
Is there a chance he will be tried for the other murders in VA and AL and LA?

Is the Pope Catholic? Does a bear crap in the woods?

14 posted on 12/24/2003 9:46:36 AM PST by ArrogantBustard
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To: Theodore R.
Malvo Spared the Death Penalty...for the time being.

Once he gets out, he may murder another half dozen people. Maybe then he will get the death penalty.

The jury was probably thinking that far ahead, or more likely they were idiots.

15 posted on 12/24/2003 10:33:16 AM PST by Voltage
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To: 1066AD
That date doesn't make sense to me.
16 posted on 12/24/2003 11:53:42 AM PST by Dante3
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To: Dante3
1066: The Battle of Hastings.
17 posted on 12/24/2003 11:56:43 AM PST by FBFranco
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To: Theodore R.
Malvo is a terrorist!

The case didn't belong in a courtroom to be heard by his "peers." American justice is a sham and a failure!

18 posted on 12/24/2003 11:58:35 AM PST by FBFranco
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To: FBFranco; 1066AD
LOL!

I meant the date for Malvo's sentencing,

19 posted on 12/24/2003 11:59:00 AM PST by Dante3
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To: pgkdan
The youngest juror, Angelique Nedera, said she favored the death penalty for Malvo. I haven't seen any comments by those who wanted his life spared and give him a second chance to terrorize us again.
20 posted on 12/24/2003 12:43:18 PM PST by Dante3
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