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===Criminal prosecutions=== ====Virginia trials==== Before the trial, Chief Moose engaged in a publicity tour for his book on the sniper investigation, including appearances on ''[[Dateline NBC]]'', ''[[The Today Show]]'', and ''[[The Tonight Show]]''. Assistant [[Prince William County, Virginia|Prince William County]] Commonwealth's Attorney James Willett told ''The Washington Post'', "Personally, I don't understand why someone who's been in law enforcement his whole life would potentially damage our case or compromise a jury pool by doing this."<ref>{{cite journal |url=http://www.capmag.com/article.asp?ID=3099 |title=The Moose is On Fire |author=Michelle Malkin |journal=Capitalism Magazine |date=September 11, 2001 |access-date=August 16, 2009 |archive-url=https://web.archive.org/web/20100130231747/http://capmag.com/article.asp?ID=3099 |archive-date=January 30, 2010 |url-status=dead }}</ref> [[Change of venue]] requests by defense attorneys were granted, and the first trials were held in the independent cities of [[Chesapeake, Virginia|Chesapeake]] and [[Virginia Beach, Virginia|Virginia Beach]] in southeastern Virginia, more than {{convert|100|mi}} from the closest alleged attack (in Ashland, Virginia).{{citation needed|date=June 2022}} During their trials in the fall of 2003, involving two of the victims in Virginia, Muhammad and Malvo were each found guilty of murder and weapons charges. The jury in Muhammad's case recommended that he be sentenced to death, while Malvo's jury recommended a sentence of life in prison without parole instead of a death sentence. The judges concurred in both cases. Alabama law enforcement authorities allege that the snipers engaged in a series of previously unconnected attacks prior to October 2 in [[Montgomery, Alabama]]. After the initial convictions and sentencing, Will Jarvis, the Assistant [[Prince William County]] prosecutor, stated he would wait to decide whether to try Malvo on capital charges in his jurisdiction until the [[U.S. Supreme Court]] ruled on whether juveniles may be subject to the penalty of [[capital punishment|execution]]. While that decision in an unrelated case was still pending before the high court, in October 2004, under a plea agreement, Malvo pleaded guilty in another case in [[Spotsylvania County, Virginia|Spotsylvania County]], for another murder to avoid a possible death sentence, and agreed to additional sentencing of life imprisonment without parole. Malvo had yet to face trial in [[Prince William County, Virginia|Prince William County]].{{citation needed|date=June 2022}}<ref>{{Cite web |title=mdcourts.gov |url=https://mdcourts.gov/data/opinions/coa/2022/29a21.pdf |access-date=September 29, 2022 |archive-date=September 20, 2022 |archive-url=https://web.archive.org/web/20220920021659/https://mdcourts.gov/data/opinions/coa/2022/29a21.pdf |url-status=live }}</ref> In March 2005, the Supreme Court ruled in ''[[Roper v. Simmons]]'' that the [[Eighth Amendment to the United States Constitution|Eighth Amendment]] prohibits execution for crimes committed when under the age of 18. In light of this Supreme Court decision, the prosecutors in [[Prince William County, Virginia|Prince William County]] decided not to pursue the charges against Malvo. Prosecutors in [[Maryland]], [[Louisiana]], and [[Alabama]] were still interested in putting both Malvo and Muhammad on trial. As Malvo was 17 when he committed the crimes, he could no longer face the death penalty but still could be extradited to Alabama, Louisiana, and other states for prosecution. At the time of the ''Roper v. Simmons'' ruling, Malvo was 20 years old and was held at Virginia's maximum security [[Red Onion State Prison]] in [[Pound, Virginia|Pound]], [[Wise County, Virginia|Wise County]].{{citation needed|date=June 2022}} <blockquote>"Muhammad, with his sniper team partner, Malvo, randomly selected innocent victims," Virginia Supreme Court Justice Donald Lemons wrote in the decision. "With calculation, extensive planning, premeditation and ruthless disregard for life, Muhammad carried out his cruel scheme of terror."<ref>{{Cite web |date=2005-04-23 |title=Court upholds D.C. sniper death penalty |url=https://www.nbcnews.com/id/wbna7605059 |access-date=2024-05-27 |website=NBC News |language=en}}</ref></blockquote> Muhammad's death sentence was affirmed by the Virginia Supreme Court on April 22, 2005, when it ruled that he could be sentenced to death since the murder was part of an act of terrorism. This line of reasoning was based on the handwritten note demanding $10 million. The court rejected an argument by defense lawyers that Muhammad could not be sentenced to death because he was not the triggerman in the killings linked to him and Malvo.{{citation needed|date=June 2022}} ==== Execution of Muhammad ==== On September 16, 2009, the circuit court judge Mary Grace O'Brien set an execution date by [[lethal injection]] of November{{nbsp}}10, 2009.<ref>{{cite news|url=https://www.washingtonpost.com/wp-dyn/content/article/2009/09/16/AR2009091601043.html|title=November Execution Date Set for Muhammad|date=September 17, 2009|access-date=December 2, 2012|newspaper=The Washington Post|author=Markon, Jerry|archive-url=https://web.archive.org/web/20121110225719/http://www.washingtonpost.com/wp-dyn/content/article/2009/09/16/AR2009091601043.html|archive-date=November 10, 2012|url-status=live}}</ref> His attorneys petitioned the [[U.S. Supreme Court]] to stay his execution, but it was denied.<ref>{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2009/11/09/AR2009110903055.html?hpid=topnews |title=Supreme Court rejects sniper's appeal |newspaper=The Washington Post |date=November 10, 2009 |access-date=June 14, 2012 |first1=Josh |last1=White |first2=Robert |last2=Barnes |archive-url=https://web.archive.org/web/20121111205116/http://www.washingtonpost.com/wp-dyn/content/article/2009/11/09/AR2009110903055.html?hpid=topnews |archive-date=November 11, 2012 |url-status=live }}</ref> They also requested clemency from [[Governor of Virginia|Virginia Governor]] [[Tim Kaine]], but this was denied as well.<ref name=Johnson>{{cite news|last=Johnson|first=Kevin|title=D.C. sniper executed in Virginia|url=https://www.usatoday.com/news/nation/2009-11-10-sniper_N.htm|access-date=June 10, 2012|newspaper=USA Today|date=November 11, 2009|archive-url=https://web.archive.org/web/20120613183655/http://www.usatoday.com/news/nation/2009-11-10-sniper_N.htm|archive-date=June 13, 2012|url-status=live}}</ref> Muhammad was executed by [[lethal injection]] at the [[Greensville Correctional Center]] near [[Jarratt, Virginia]], on November 10, 2009.<ref name="calvert execution" /> The execution procedure began at 9:06 p.m. EST; Muhammad was pronounced dead five minutes later. It was reported that when asked if he had any last words, Muhammad made no reply. Twenty-seven people, including victims' family members, witnessed his execution.<ref> Potter, Deena. (November 11, 2009) [https://www.independent.co.uk/news/world/americas/washington-sniper-john-allen-muhammad-executed-1818427.html "Washington sniper John Allen Muhammad executed"] {{Webarchive|url=https://web.archive.org/web/20180119124758/http://www.independent.co.uk/news/world/americas/washington-sniper-john-allen-muhammad-executed-1818427.html |date=January 19, 2018 }}. Retrieved January 18, 2018. </ref><ref>{{cite web |url=http://www.wtopnews.com/?nid=25&sid=1763813 |archive-url=https://web.archive.org/web/20091208080838/http://www.wtopnews.com/?nid=25&sid=1763813 |archive-date=December 8, 2009 |url-status=dead |title=Silent DC sniper mastermind Muhammad executed |publisher=WTOP news|agency=AP |author=Dena Potter |date=November 11, 2009}}</ref> ====Maryland trials==== In May 2005, Virginia and Maryland announced that they had reached agreements to allow Maryland to proceed with prosecuting charges there, where the most shootings occurred. There were media reports that Malvo and his legal team were willing to negotiate his cooperation, and he waived extradition to Maryland.{{citation needed|date=June 2022}} Muhammad and his legal team responded by fighting extradition to Maryland. Muhammad's legal team was ultimately unsuccessful, and extradition was ordered by a Virginia judge in August 2005.{{citation needed|date=June 2022}} Maryland agreed to transfer Muhammad and Malvo back to the Commonwealth of Virginia after their trials. A date for Muhammad's pending execution in Virginia had been set for November 10, 2009.<ref>{{cite news | url=https://www.washingtonpost.com/wp-dyn/content/article/2009/09/16/AR2009091601043.html | newspaper=The Washington Post | title=Nov. Execution Date Set for D.C. Area Sniper Muhammad | first1=Jerry | last1=Markon | date=September 17, 2009 | access-date=April 26, 2010 | archive-url=https://web.archive.org/web/20120508054308/http://www.washingtonpost.com/wp-dyn/content/article/2009/09/16/AR2009091601043.html | archive-date=May 8, 2012 | url-status=live | df=dmy-all }}</ref> Malvo pleaded guilty to six murders and confessed to others in other states while being interviewed in Maryland and testifying against Muhammad. Malvo was sentenced to six consecutive life terms without the possibility of parole, but in 2017, his sentence in Virginia was overturned after an appeal.<ref name=MalvoAppeal>{{cite news|url=http://www.fox5dc.com/news/local-news/257218742-story|title=Judge overturns life without parole sentence for DC sniper Lee Boyd Malvo|work=Fox5 DC|date=May 26, 2017|first1=Paul|last1=Wagner|access-date=May 26, 2017|archive-url=https://web.archive.org/web/20170526221043/http://www.fox5dc.com/news/local-news/257218742-story|archive-date=May 26, 2017|url-status=dead}}</ref> On May 30, 2006, a [[Maryland]] jury found John Allen Muhammad guilty of six counts of murder in Maryland. In return, he was sentenced to six consecutive life terms without possibility of parole on June 1, 2006.<ref>{{Cite web |title=D.C.-area sniper gets 6 life terms in Maryland |url=https://www.nbcnews.com/id/wbna13082594 |access-date=September 29, 2022 |website=NBC News |date=June 2006 |language=en |archive-date=September 29, 2022 |archive-url=https://web.archive.org/web/20220929074653/https://www.nbcnews.com/id/wbna13082594 |url-status=live }}</ref> On May 6, 2008, it was revealed that Muhammad had asked prosecutors in a letter to help him end legal appeals of his conviction and death sentence "so that you can murder this innocent black man."<ref>{{Cite web |title=SNIPER SEEKS HELP TO END DEATH PENALTY APPEALS |url=https://www.tampabay.com/archive/2008/05/07/sniper-seeks-help-to-end-death-penalty-appeals/ |access-date=September 29, 2022 |website=Tampa Bay Times |language=en |archive-date=September 29, 2022 |archive-url=https://web.archive.org/web/20220929075158/https://www.tampabay.com/archive/2008/05/07/sniper-seeks-help-to-end-death-penalty-appeals/ |url-status=live }}</ref> An appeal filed by Muhammad's defense lawyers in April 2008 cited evidence of brain damage that might render Muhammad incompetent to make legal decisions, and that he should not have been allowed to represent himself at his Virginia trial.{{citation needed|date=June 2022}} ====Malvo testimony==== {{more citations needed section|date=October 2012}} In John Allen Muhammad's May 2006 trial in [[Montgomery County, Maryland]], Lee Boyd Malvo took the stand and confessed to the 17 murders.<ref>{{cite web|url=http://www.crimemuseum.org/crime-library/the-washington-dc-sniper|title=Crime Library: The DC Sniper Beltway Attacks - Crime Museum|work=crimemuseum.org|access-date=September 10, 2015|archive-url=https://web.archive.org/web/20150831174653/http://www.crimemuseum.org/crime-library/the-washington-dc-sniper|archive-date=August 31, 2015|url-status=live}}</ref> He also gave a more detailed version of the pair's plans. Malvo, after extensive psychological counseling, admitted that he was lying at the earlier [[Virginia]] trial where he had admitted to being the trigger man for every shooting. Malvo claimed that he had said this in order to protect Muhammad from a potential death sentence, and because it was more difficult to obtain the death penalty for a minor. Malvo said that he wanted to do what little he could for the families of the victims by letting the full story be told. In his two days of testimony, Malvo outlined detailed aspects of all the shootings. Part of his testimony concerned Muhammad's complete multiphase plan. His plan consisted of three phases in the Washington, D.C., and [[Baltimore]] metro areas. Phase one consisted of meticulously planning, mapping, and practicing their locations around the D.C. area. This way, after each shooting they would be able to quickly leave the area on a predetermined path and move on to the next location. Muhammad's goal in Phase One was to kill six white people a day for 30 days. Malvo went on to describe how Phase One did not go as planned due to heavy traffic and the lack of a clear shot or getaway at locations. Phase Two was meant to take place in [[Baltimore, Maryland]]. Malvo described how this phase was close to being implemented but was not carried out. Phase Two was intended to begin by killing a pregnant woman by shooting her in the stomach. The next step would have been to shoot and kill a Baltimore police officer. Then, at the officer's funeral, they planned to detonate several [[improvised explosive device]]s complete with shrapnel. These explosives were intended to kill a large number of police, since many police would attend another officer's funeral. The last phase, Phase Three, was to take place during or shortly after Phase Two, which was to extort several million dollars from the [[United States]] government. This money would be used to finance a larger plan, to travel north to [[Canada]]. Along the way, they would stop in [[YMCA]]s and orphanages recruiting other impressionable young black boys with no parents or guidance. Muhammad thought he could act as their father figure as he did with Malvo. Once he recruited a large number of young black boys and made his way up to Canada, he would begin their training. Malvo described how John Muhammad intended to train boys in weapons and stealth as he had been taught. Finally, after their training was complete, John Allen Muhammad would send them out across the [[United States]] to carry out mass shootings in many other cities, just as he had done in Washington and Baltimore. These attacks would be coordinated and be intended to send the country into chaos that had already been built up after 9/11.
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