Sniper Case Judge Keeps Terrorism Charge
By MATTHEW BARAKAT Associated Press Writer
MANASSAS, Va. (AP) - A judge Monday rejected a defense
request seeking dismissal of one of the indictments against sniper
suspect John Allen Muhammad based on claims that the state's new
anti-terrorism capital murder law is too vague.
"I believe it does provide a person of ordinary intelligence
notice of the type of offense that may be prosecuted. ... I think
the statute is in fact constitutional," Circuit Judge LeRoy F.
Millette Jr. said.
Peter Greenspun, one of Muhammad's lawyers, argued that the law
was designed for terrorists like Osama bin Laden. "The prosecution
is trying to put a square peg into a round hole. They're trying to
find what can best be described as a crime spree, as serious as it
was, into a terrorism statute," Greenspun said.
Greenspun also argued that the law is written so vaguely that any
crime that produces fear in a community could be prosecuted as
terrorism.
Prosecutor Richard Conway countered that the "court must presume
that a legislative act is constitutional" unless it finds severe
problems with the law.
In another development, Muhammad's lawyers at least temporarily
dropped a request to allow a judge, rather than a jury, to decide
the case. They said they may submit the request in a different form
later.
Prosecutor Paul Ebert said that he would be inclined to allow a
bench trial if Muhammad properly waives his right to a jury
trial.
On the third and final issue raised Monday, Millette took under
advisement a defense request for a change of venue.
Muhammad and Lee Boyd Malvo have been linked to 20 shootings,
including 13 deaths, in Virginia, Maryland, Georgia, Alabama,
Louisiana and the District of Columbia.
Muhammad, 42, is charged with capital murder in the Oct. 9
slaying of Dean H. Meyers, 53, outside a gas station just north of
Manassas.
Muhammad's attorneys earlier asked Millette to preclude a jury
trial. They claimed that finding an impartial jury will be
impossible because of extensive news coverage of the sniper
attacks.
Prosecutors argued that a fair jury can be found in Prince
William County and that there is no evidence that people will not be
able to set aside any opinions they formed based on media coverage
of the case.
The defense had claimed that everyone in northern Virginia was
victimized by the sniper shootings in October, but prosecutors said
not everyone in the area was a true "victim" of the attacks by legal
standards. Only people directly injured in the series of shootings
and people who suffered "personal emotional injury" should be barred
from serving on the jury, they said.
In Fairfax County, Circuit Court Judge Jane Marum Roush is
considering a defense motion to move the trial of Malvo, Muhammad's
alleged co-conspirator. Attorneys for Malvo, 18, also argue there is
no way to seat a jury because of pretrial news coverage and because
the entire community was gripped by fear.
Malvo is facing trial first in Fairfax for the Oct. 14 shooting
death of Linda Franklin,
47. 2003-06-30 17:01:10 GMT
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