Jury spares Malvo's life in Washington sniper case
 |
Story Tools
VIDEO
|
Muted emotions from all sides of the court as the verdicts were read.
A jury finds Lee Boyd Malvo guilty on all three counts in the Washington sniper killings.
|
| MALVO: WHAT'S NEXT |
A jury recommended the following sentences for Lee Boyd Malvo:
• Capital murder/terrorism: Life in prison without parole, plus a fine of $100,000
• Capital murder/killing more than one in a three-year period: Life in prison without parole, plus a fine of $100,000
• Use of a firearm in a felony: This conviction carried a mandatory three-year sentence
Judge Jane Marum Roush set a March 10 hearing date, and at that time will affirm or reject the jury's sentence. The judge can only decrease the sentence, she cannot increase it.
|
SPECIAL REPORT
|
|
|
CHESAPEAKE, Virginia (CNN) -- A Virginia jury Tuesday decided Lee Boyd Malvo should be sentenced to life in prison without parole for his role in the Washington, D.C.-area sniper killings, rejecting prosecutors' call for his execution.
Malvo watched intently, blinking as the verdict was read; defense attorney Craig Cooley sat with his head bowed, while co-counsel Michael Arif patted Cooley's back.
The Associated Press reported that Malvo, wearing a blue sweater that made him look like a schoolboy, sat expressionless, with his elbows on the defense table.
Malvo was convicted last week of capital murder, terrorism and weapons charges. (Full story) Prosecutors had asked the same jury to recommend a death sentence.
Judge Jane Marum Roush set formal sentencing for March 10. She cannot increase the penalty. Jurors also called for Malvo to be fined $100,000 on the each of the two capital counts against him.
Malvo was convicted in the killing of Linda Franklin, an FBI analyst gunned down outside a Home Depot in Falls Church, Virginia, on October 14, 2002. Franklin was one of 10 people killed and three wounded in the sniper attacks that gripped the capital and its suburbs that month.
Asked whether the approaching Christmas holiday had anything to do with the decision to spare Malvo's life, Cooley told reporters, "All of us believe that people are of goodwill and people want to be fair. And to the extent that Christmastime accentuates that, good."
"Whatever you do, don't try one on Christmas week," Horan said. "I'm sure it played a part." (Reactions to the verdict)
Jurors gave little hint about how they reached their decisions, only issuing a short joint statement that was read by foreman Jim Wolfcale.
"The past six weeks has been an extremely difficult journey for everyone," the statement said. "The prosecution and the defense both put on excellent cases. We also want to thank Judge (Jane Marum) Roush for her outstanding leadership during these proceedings.
"This case was both mentally challenging and emotionally exhausting. Deep thought and consideration has gone into our deliberations and the decisions that we reached. We, the jury, extend our heartfelt sympathy to the victim's family and friends."
A man who survived a sniper's bullet and the sister of one of those killed last year's attacks said they were disappointed in the verdict.
Victoria Buchanan Snyder, the sister of sniper victim James Buchanan, said the jury probably made its decision "because of his age." Malvo was 17 at the time of the killings.
Malvo admitted taking part in the shootings, but his lawyers argued he was brainwashed by convicted accomplice John Allen Muhammad. (Full story)
Paul LaRuffa, who was wounded in a Clinton, Maryland, shooting later linked to Malvo and Muhammad, said the verdict left him feeling "a bit disappointed in the system" -- particularly since jurors in nearby Virginia Beach called for Muhammad's death.
"I don't think what he did was in the least bit less than what Muhammad did," LaRuffa said.
Muhammad, 42, was found guilty last month and faces a February sentencing date after a jury decided he should be executed. (Full story)
Arif told reporters that jurors had made a difficult but "gutsy" decision.
Convicted snipers could stand trial in other states
Malvo and Muhammad could stand trial again. Prosecutors in Maryland and Louisiana have said they want to prosecute Muhammad, and Malvo could face a similar fate.
Attorney General John Ashcroft had cited Virginia's ability to impose the death penalty in sending Malvo and Muhammad to that state for prosecution.
Virginia is one of only 21 states that allow the execution of those who were 16 or 17 when they killed. Since the death penalty was reinstated in 1976, Virginia is one of only six states that have actually executed someone whose crime was committed as a juvenile.
The verdict followed about nine hours of deliberation over two days, and came after two false starts in which jurors had failed to properly fill out verdict forms. Several of the investigators who built the case against Malvo left the courtroom without a word after the decision.
In closing arguments, Cooley called on the eight-woman, four-man jury -- four of whom, like Malvo, were black -- to reject "the voices of vengeance and retribution."
But prosecutor Robert Horan told jurors that Malvo failed to show "an ounce of remorse" for the October 2002 killing spree around Washington and its suburbs.
"That's no dummy sitting there," he told jurors. "That's a bright, clever human being. He did what he did knowingly. It's easy to blame it on his mother. It's easy to blame it on his father. It's easy to blame it on John Muhammad."
CNN Correspondent Elaine Quijano and Producer Mike Ahlers contributed to this report.
Copyright 2003 CNN. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Associated Press contributed to this report.
