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====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}}
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