---

Related Content • new The "Juvenile Death Penalty": A federal defender's argument it • new Search for the Snipers: The final week • The Clues That Were Missed • Virginia Beach and Chesapeake Prepare For The Trials • "If the bullet had been half an inch closer to the middle of my chest, I'd be dead": A survivor of one of the sniper attacks tells her story. • Did the Malvo Case Influence the Recent Supreme Court Decision on Juvenile Executions? • Timeline of the Shootings • Death Penalty Laws in Each Jurisdiction • From CNN: Can they find an unbiased jury? • Serial Killers and Mass Murderers

Dateline: 11/05/02
This article last updated: 12/3/03

• new Latest Updates on John Allen Muhammad and Lee Malvo
• John Allen Muhammad's First Trial: Background and Updates
• Lee Malvo's First Trial: Background/Updates

Evidence includes the .223 caliber rifle found in their car (the type of weapon used in the shootings), a glove matching one found at one of the shooting scenes, and... a letter left at the scene of the final shooting demanding that $10 million be deposited into a Visa account corresponding to a stolen credit card used in April, in Tacoma, Washington, to buy gasoline (Muhammad and Malvo were allegedly in Tacoma around that time).

As of November 5, murder charges have been filed against Muhammad and Malvo by Alabama, Montgomery County (MD), four Virginia counties, and the federal government (Muhammad only) -- though undisclosed federal charges were filed against Malvo on November 4. Investigators are trying to link Muhammad and Malvo with other area shootings, and new evidence indicates that they may have begun their DC-area shooting spree on September 14.

From a law enforcement point of view, Virginia might have the edge: prosecutors there actively pursue the death penalty, and Malvo's age won't exempt him.

More background and related information, and editorial opinions

Updates follow, with the most recent stories listed first:

December 3, 2003: Muhammad and Malvo will probably be arraigned in Louisiana in April or May for the September 23, 2002 murder of Hong Im Ballenger

October 30, 2003
The defense in the Lee Malvo trial (scheduled to begin November 10) plans to introduce evidence about the 1996 murder of one of Malvo's "close relatives", and argue that Malvo remained traumatized by the incident.

October 23, 2003
Yesterday, the prosecution requested a delay in Lee Malvo's trial (scheduled for November 10) to give them more time to prepare for the defense's new "insanity" defense. The prosecution's expert, Dr. Evan Nelson, has a scheduling conflict that will make it difficult for him to prepare a report in time. Today, the judge refused to grant the delay.

October 20, 2003
Experts say that the insanity defense might be a longshot for Lee Malvo, but it's probably his best bet

October 17, 2003
All 27 potential jurors for John Allen Muhammad's trial have been chosen, and these will be pared down to 15 (12 jurors and 3 alternates) after each side gets to dismiss up to 6 candidates. Opening arguments are scheduled to begin Monday.
Also: Lee Malvo has been subpoenaed, and will be in the courtroom Monday. He is, however, expected to continue invoke his Fifth Amendment right not to testify.

• D.C. Sniper: 23 Days of Fear: A review of a USA Network movie about the case being aired for the first time tonight

October 14, 2003
John Allen Muhammad's trial begins this morning in Virginia Beach, VA. This article summarizes the case to date, and contains links to additional related information.
Update: Muhammad pleads not guilty, and jury selection begins

October 11, 2003
John Allen Muhammad has been moved to Virginia Beach (VA), in advance of his trial that begins Tuesday (October 14)

October 9, 2003
"Indoctrination will certainly be the underlying basis of the plea" -Craig Cooley, attorney for Lee Malvo
Lawyers for Malvo say they will use an "insanity" defense, arguing that Malvo was entirely under John Allen Muhammad's control.

October 8, 2003
Lee Malvo's attorneys ask the judge to disallow a statement Malvo made to investigators, because prosecutors haven't given the defense access to it; and John Allen Muhammad refuses to meet with a prosecution psychiatrist, which might keep his attorneys from being able to argue any sort of mental health defense.

October 7, 2003
The judge in John Allen Muhammad's trial has turned down a defense request that charges should be dropped to penalize the prosecution for linking information to the authors of a book about the killings (see October 3 update). Also: Prosecutors in the Muhammad case withdraw their motion to call Lee Malvo as a witness.

October 6, 2003
New evidence indicates that, had they not been captured, Muhammad and Malvo would have moved on to North Carolina

• Blaming One Another: A look at Muhammad and Malvo's defense strategies
• Virginia Beach and Chesapeake Prepare For The Trials
• "If the bullet had been half an inch closer to the middle of my chest, I'd be dead": A survivor of one of the sniper attacks tells her story. 

• Three Weeks in October: Some thoughts about Charles Moose's book

September 26, 2003
According to a motion released to the public today, John Allen Muhammad's lawyers want the judge to exclude statements Muhammad made after his arrest on October 24, 2002, on the ground that he hadn't been read his rights

September 23, 2003
At today's pre-trial hearing for John Allen Muhammad: The judge ruled that the prosecution can't tell the jury that Muhammad had made threats against or was intending to harm his ex-wife, because they have no supporting evidence; he ruled that three witnesses who place Muhammad and Lee Malvo near the scenes of two of the shootings will be allowed to testify (the defense argued that media coverage tainted their recollections); and he deferred a decision on whether the prosecution can introduce evidence of Muhammad's anti-American feelings.

September 17, 2003
A judge has rejected an argument by Lee Malvo's lawyers that, since virtually no countries other than the United States execute killers who committed their crimes before the age of 18, American law should follow world consensus.

September 16, 2003
Lee Malvo's attorneys want the prosecution to turn over DNA evidence found at the scene of one of the shootings (not the fatal shooting for which Malvo will stand trial in mid-November), and in Malvo and John Allen Muhammad's car.

September 12, 2003
Muhammad and Malvo's cases will probably cost Virginia Beach and Chesapeake (respectively) about $800,000 each, mostly for police overtime costs. The cities are seeking state and the federal assistance.

September 12, 2003
John Allen Muhammad's attorneys want eyewitness identification in his case and Lee Malvo's banned on the grounds that it's all tainted: both by the publicity surrounding the case, and by the fact that many witnesses identified them by looking at their mug shots alone, rather than by choosing them out of a spread of mug shots or a lineup.

September 11, 2003
Court papers filed today confirm that Lee Malvo's attorneys intend to use information about Malvo's mental health (see September 9 update) as mitigating circumstances in the sentencing phase of his trial.

September 10, 2003
A hearing (not yet scheduled) to discuss the admissibility of evidence in the case against against John Allen Muhammad will not be closed, a the defense had requested; but the judge promises to try to prevent the "unnecessary disclosure" of ensitive information.

September 9, 2003
The prosecution wants a copy of Lee Malvo's mental health reports -- compiled by both prosecution and defense experts -- so they can prepare for their probable use by the defense in the sentencing phase of Malvo's trial. The defense wants the information sealed, and withheld from the prosecution until then, so jurors won't have any chance of getting the information before the guilt phase is over (this information can be used in the sentencing phase as mitigating circumstances, but can't be introduced in the guilt phase since Malvo isn't pleading insanity).
Circuit Court Judge Jane Marum Roush will rule at a later date.

September 8, 2003
Media attorneys have filed motions opposing the defense request that an upcoming hearing to discuss disputed evidence in John Allen Muhammad's case be closed (see September 4 update, below). 

September 4, 2003
John Allen Muhammad's lawyers want their motions to exclude certain evidence to be discussed in a closed hearing -- arguing that since the evidence is irrelevant, it should be heard by the public.
More: John Allen Muhammad's lawyers seem prepared to use Muhammad's mental health as a mitigating circumstance during his sentencing (he could face the death penalty)

September 2, 2003
A judge has ruled that two prison guards may testify about hearing Lee Malvo brag about his part in the shootings. The defense had argued that the statements were made after Malvo had invoked his right to remain silent; but Malvo had initiated the discussions and the guards, the judge said, "did nothing deliberately to elicit any incriminating statements." 

August 28, 2003
Lee Malvo's defense has already cost taxpayers about $500,000 -- and the trial itself is still about 10 weeks away.

August 26, 2003
The judge ordered the prosecution in the John Allen Muhammad case to give the defense information contained in police interviews of witnesses, but not all the evidence they currently have. He also rejected a defense request to argue that Virginia's death penalty law is unconstitutional.

August 25, 2003
John Allen Muhammad's lawyers want the prosecution to turn over information about witnesses who have identified (or failed to identify) Muhammad and Lee Malvo, as well as other evidence.

August 22, 2003
"Making 'racist' and 'anti-American statements' is not only protected speech, but is completely irrelevant to the charges before the court and is no indicator of violence" -John Allen Muhammad's attorneys, objecting to the fact that these views -- as well as charges for which Muhammad has never faced trial -- could be introduced at Muhammad's sentencing

August 19, 2003
"America got what it deserved [on 9/11]" -John Allen Muhammad
According to court documents, John Allen Muhammad was allegedly guilty of other crimes such as passport fraud and muggings, and holds racist and anti-American views. Given the mood of the country right now, and the amount of attention the media is giving to Muhammad's anti-Americanism, you almost expect the jury to be harsher on him for his views than for the shootings themselves.

August 18, 2003
"The court is confident of the extensive experience of lawyers at both tables ... Jury selection is certainly a skill that attorneys develop" -Circuit Judge LeRoy F. Millette Jr., denying requests by John allen Muhammad's attorneys to hire a jury consultant at government expense, and to be permitted additional extra peremptory challenges when jurors are being selected. Both requests were based on the fact that this case generated an unusual amount of pre-trial publicity.

August 17, 2003
Why Chesapeake, VA is not looking forward to hosting Lee Malvo's trial (while Virginia Beach is happy to have John Allen Muhammad's)

August 14, 2003
The prosecution has transcripts of interviews with witnesses who say that Lee Malvo was "subservient" to John Allen Muhammad. Copies have been given to Malvo's attorneys. Malvo's attorneys have been given copies, but they've been with-held from Muhammad's attorneys. Muhammad's attorneys want them, and Fairfax County (VA) prosecutors have apparently not explained why they haven't received them.

For the record, the two prosecutions and defenses are working at cross-purposes: In Fairfax County, prosecutors are painting Malvo as a young man who loved to kill. In Prince William County (VA), prosecutors will argue that Muhammad was the mastermind and that Malvo just followed. Malvo's defense supports the Prince William prosecutors' version of events, and Muhammad's defense agrees with the Fairfax prosecutors' argument

More about how the Fairfax County prosecutors are helping Muhammad's case

August 11, 2003
Lee Malvo's attorneys want Fairfax County (VA) prosecutors to account for all the funding used to put together their case, so the defense can ask for similar assistance from the federal government to what the prosecution is getting. The prosecution insists they're under no obligation to provide this information, and a hearing is scheduled for August 27.

August 7, 2003
John Allen Muhammad's lawyers have asked for permission to hire -- at government expense -- a jury consultant, citing the problems they'll face helping to choose an unbiased jury pool, given the massive amount of pre-trial publicity.
Also: Muhammad's attorneys have filed a 75-page motion arguing that the death penalty should be declared unconstitutional.

July 24, 2003
The media has been reporting that Lee Malvo had told a Maryland prison guard -- who testified today in a hearing set up to decide whether Malvo's comments to prison guards can be used at his trial -- that he almost shot up a school bus and that he'd shot one of his victims, a 13-year-old boy -- just to upset then-Police Chief Charles Moose. But he also told the guard that he'd shot a number people whose attacks were never reported, including a senator, that he targeting whites because they'd shot Louis Farrakhan and given him cancer, and that he targeted blacks so that nobody would become suspicious of his only targeting whites. The Guard testified that he thought Malvo was exaggerating his accounts, and told Malvo "You're crazy".

July 16, 2003
John Allen Muhammad's trial has been moved to Virginia Beach, VA, not far from where -- earlier this month -- co-defendant Lee Malvo's was relocated.

July 11, 2003
John Allen Muhammad's attorneys will ask the judge to dismiss terrorism charges against him today. Under Virginia's new anti-terrorism laws, a murder intended to influence the government or intimidate the public raise the murder to a capital (death penalty) offense. Since these laws make everybody living in the area of the Beltway Sniper murders "victims", then by definition all potential jurors are "victims" and therefore can't serve.
The judge is considering a change of venue -- but Muhammad's attorneys contend he has a right to be tried where the crimes were committed, and therefore there's no alternative but to drop the terrorism charge.
Update: The judge denied the defense motion. Also today, the prosecutor said he would not opposed either a change of venue (last week, Lee Malvo's trial was ordered moved to Chesapeake, in southern Virginia) or the defense request that the trial be heard by a judge without a jury

July 8, 2003
Charles Moose, police chief of Montgomery County MD during last autumn's shootings, has reached a compromise with the county's ethics committee which clears the way for the publication of his book, "Three Weeks in October: The Manhunt for the Serial Sniper," for which he received a $170,000 advance. 

Now correct me if I'm wrong, but... was this not arguably the most incompetent investigation in recent memory? It was the most extensive and expensive in American history, and John Allen Muhammad and Lee Malvo continued to kill people even after leaving deliberately leaving clue after clue, including phones calls and letters to investigators -- one of which instructed police to examine an Alabama murder at which Malvo left a fingerprint behind. I assume their next step would have been registering http://www.beltway-snipers.com and uploading their own photos. 

I'm sorry; but if I were Charles Moose, I wouldn't be particularly proud of my part in all this.

July 3, 2003
John Allen Muhammad's attorneys have asked a federal judge to order the release date of Charles Moose's Three Weeks in October: The Manhunt for the Serial Sniper, to be postponed from September 15 until after the trial begins, so the publicity surrounding the book won't taint the jury pool. Muhammad's trial is scheduled to begin October 14 (Lee Malvo's trial is scheduled to begin November 10).

July 2, 2003
The judge has ordered a change of venue, to Chesapeake, VA, for Lee Malvo

July 1, 2003
The judge is considering a defense request to move Muhammad's trial, and will announce a decision at a later date. The prosecution opposes such a move.

June 30, 2003
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" -Peter Greenspun, attorney for John Allen Muhammad
The judge turned down a defense motion to dismiss one of the murder indictments against Muhammad, which stemmed from an anti-terrorism statute. Also, the defense has, for now, withdrawn its request for a non-jury trial.

June 25, 2003
Lee Malvo's attorneys have filed pre-trial motions suggesting that Malvo -- 17 years old at the time of the shootings -- had been brainwashed by John Allen Muhammad. This is the first time either man's attorneys have sought to shift blame to the other defendant

June 16, 2003
In a brief filed today, John Allen Muhammad's attorneys asked that he be tried by a judge and not a jury -- and if that isn't granted, they'd like a change of venue, since an unbiased jury in the Virginia area might be difficult to find.

May 29, 2003
A judge rejected 11 defense motions by John Allen Muhammad's defense attorneys today, including a request that one of the death penalty counts against him be dropped on the ground that Lee Malvo claims to have been the triggerman.
A legal quandary: Can a prosecutor ask a jury to find John Allen Muhammad guilty of shootings that Lee Malvo has already told police he's responsible for?

May 15, 2003
Lee Malvo's attorneys want the charges against him dropped because the grand jury was improperly chosen: They were asked only very basic questions such as their age and whether they're mentally impaired.

May 6, 2003
It's a matter of perspective: The Washington Post headline reads "Judge Allows Sniper Suspect's Confession"; CNN says "Judge Allows Most of Information Derived From Young Sniper Suspect"; and a local television station's website says "Judge Throws Out Most of Sniper Suspect's Confession."
Circuit Judge Jane Marum Roush ruled today that the statements Malvo made before he was given his Miranda warning could not be used -- but the remainder of his confession, even though it was made while he technically was without legal representation (Federal charges against him had been dropped, so his original lawyers no longer represented him -- and he didn't yet have counsel for the Virginia charges filed against him), was made freely.

April 30, 2003
Todd Petit, Lee Malvo's former court-appointed attorney (he represents juveniles, so he was replaced when Malvo turned 18 in February) suggests that Malvo might have been brainwashed by John Allen Muhammad.

April 29, 2003
The hearing to determine the admissibility of Lee Malvo's confession has ended after a second day. Judge Roush's decision is expected to take about a week.

April 28, 2003
Lee Malvo told investigators he shoplifted the military-style carbine he used in the D.C.-area shootings. This article is about the store where he got it, a store that seems to lose track of weapons at a frightening rate and whose owner, according to a retired ATF supervisor, is "a poster boy for gun control".

April 28, 2003
Investigators believe that an hour and a half before the first D.C.-area murder, on October 2 of last year, Lee Malvo shot at and almost killed a child.

April 28, 2003
A judge will hear arguments today about whether Malvo's confession should be ruled inadmissible. The confess contends that he was was deprived of his right to counsel and tricked into confessing.

April 24, 2003
The judge presiding over John Allen Muhammad's case said the prosecution will not have to prove Muhammad actually fired the shot that killed Dean Meyers last October -- and the prosecutors don't have to reveal to the defense whether they intend to try to prove he did.

April 24, 2003
As punishment for sending another inmate a note saying that a deputy sheriff should be "fatally injured", Lee Malvo will spend 25 days in "disciplinary segregation" -- no visits, no phone calls, and nothing to eat but "veggie loaf"

April 21, 2003
Prosecutors say Lee Malvo laughed when telling them about one of the shootings -- a reminder, perhaps, that we are still talking about a kid.

April 18, 2003
The prosecution denies allegations that Lee Malvo asked for an attorney before being questioned (see April 11 update)

April 17, 2003
Lee Malvo faces a disciplinary hearing for allegedly passing a note to another prisoner saying that a deputy sheriff should be "fatally injured." He could face a loss of phone and other privileges, a menu of "vegetable loaf", and other punishments.

April 11, 2003
Lee Malvo's attorneys have filed a motion to have Malvo's confession suppressed on the grounds that his request for an attorney was ignored. Circuit Judge Jane Marum Roush will consider the motion on April 28.

April 11, 2003
John Allen Muhammad's attorneys have asked the court to hire a "mitigation specialist" to help him prepare for the penalty phase of his trial (a similar request by Malvo's lawyers was turned down last month). One of Muhammad's attorneys mentioned that Muhammad had probably been exposed to nerve agents chemical weapons as a soldier in the Gulf War.

April 6, 2003 (alternate link)
The Washington Post, based on recordings of (and police memos about) Lee Malvo's interrogation, reveals graphic details about the killings, and details about Muhammad and Malvo's motivations and states of mind.

March 31, 2003 (alternate link)
Circuit Judge Jane Roush's rulings for the prosecution (in the case against Lee Malvo):

• The death penalty will not be ruled out
• Evidence from other cases linked to Malvo (for which he's not been convicted) may be introduced in the penalty phase
• Victim impact statements may be used in the penalty phase
• The defense can't introduce testimony about maximum security prisons (for the purpose of indicating to the jury that Malvo would not pose a risk of future violence if he's not sentenced to death)
• The court won't authorize payment for a mitigation specialist and for handwriting and voice-audio experts.

• The court will authorize payments for DNA evidence, ballistics and fingerprint experts.

February 26, 2003 (alternate link)
According to Fairfax County (Virginia) prosecutors, Malvo has confessed to the October 14, 2002 shooting of Linda Franklin in the parking garage of a Home Depot. He also said that he and Muhammad were equal members of "a sniper team", each of them doing his share of the killings.

• Will the prosecutor ask for the death penalty?

February 14, 2003
A judge has denied Muhammad's attorneys' request to hire expert witnesses without notifying the prosecution before trial (not surprising, since the judge in Lee Malvo's turned down a similar request -- see February 6 update); he did, however, permit the requests to be made under seal, which means the prosecution will get the information, but the media won't.

February 12, 2003
Malvo's attorneys filed motions to have Virginia's death penalty declared unconstitutional, and to bar prosecutors from telling jurors about crime for which Malvo has been accused, but hasn't been convicted. The judge will hear arguments on these and other motions on March 3

February 6, 2003
Malvo's attorneys wanted permission to hire expert expert witnesses without notifying the prosecution before the trial, to keep the prosecution from being able to determine their defense strategies. The judge turned down their request.

February 5, 2003
Later today, attorneys for the Washington Post, the Baltimore Sun, the New York Times and Associated Press will ask U. S. Magistrate Judge James Breder to unseal records of Lee Malvo's court proceedings. Judge Brader turned down a similar request in November -- but since then, a Fairfax County (Virginia) judge has ruled that Malvo can be tried as an adult
Update: The judge instructed the attorneys to provide him, by Monday (February 10), with transcripts from Malvo's open hearings in Fairfax. he will then compare the two and determine which additional information should be released.

January 28, 2003
Lee Malvo's trial date has been set for November 10, 2003

January 22, 2003
Lee Malvo has, as expected, been indicted on two charges of capital murder. He can receive the death penalty on either count: if the prosecution shows that he killed more than one person over a three-year period, or (under Virginia's post-9/11 anti-terrorism law) that he killed to intimidate the general population or coerce government policy (the $10 million demand would satisfy that requirement). The arraignment has not yet been scheduled.

January 21, 2003
A Fairfax County (VA) grand jury has reportedly indicted Lee Malvo on two capital murder charges (and a related gun charge) in the October 14, 2002 shooting of Linda Franklin in the parking garage of a Home Depot in Virginia. The indictments will probably be unsealed tomorrow, with arraignment later in the week.

January 15, 2003
The judge ruled that 17-year-old Lee Malvo can be tried as an adult for the October 14, 2002 murder of Linda Franklin, and could face the death penalty

January 14, 2003
Lee Malvo's preliminary hearing begins. Prosecutors cite Muhammad and Malvo's demand for $10 million as the reason for the attacks -- which, because of Virginia's post-9/11 anti-terrorism laws (attempting to intimidate the general population or coerce government policy), would allow the state to ask for the death penalty even if they can't prove Malvo was the triggerman

January 14, 2003
The victim's husband testifies, and prosecutors promise to introduce fingerprint evidence linking Malvo to the attack

January 10, 2003
The judge has ruled that -- against the wishes of Malvo's attorneys, who feel it could taint the potential jury pool -- Lee Malvo's February 14 preliminary hearing will be open to the public.

January 7, 2003
Matthew Dowdy, who gave the police false information about the October 14, 2002 shooting of Linda Franklin in the parking garage of a Home Depot in Virginia (the cream-colored van), has been found guilty of obstruction of justice, sentenced to 6 months in prison, and fined $1000

January 5, 2003
Prosecutors have physical evidence linking John Allen Muhammad to at least two of the sniper shootings (though no evidence that he did the actual shootings)

December 30, 2002
The judge ruled that the prosecution must give the defense a copy of the transcripts of Malvo's police interrogation

December 29, 2002
Lee Malvo's attorneys want the prosecution to turn over a transcript of Malvo's 7-hour police interrogation, during which he allegedly confessed to the shootings. They hope the judge will order this done at Monday's hearing.

December 24, 2002
According to Fairfax County (VA) Commonwealth's Attorney (prosecutor) Robert Horan, Sunday's New York Times report, that investigators believe Lee Malvo was the shooter in most (and possibly all) of the attacks, is inaccurate. The Times stands by its story.

Fairfax County will be the site of the first "Sniper" trial, in which Lee Malvo will be prosecuted for the October 14 murder of Linda Franklin outside a Home Depot store.

December 22, 2002
According to a New York Times report, Lee Malvo was the gunman in most if not all the shootings. This could complicate efforts to convict Muhammad of capital murder.

December 12, 2002
The judge has set an October 14, 2003 start date for Muhammad's trial, and announced that cameras will be banned from the courtroom. Both the prosecution and defense support this decision, but the Radio-Television News Directors Association might appeal

November 24, 2002
Prosecutors in Washington state probably won't charge John Allen Muhammad and Lee Malvo for the February 16 murder of a Tacoma (WA) woman, since it could be years before they could begin to prosecute them: they'd be "waiting in line" behind several other states, most of which could impose the death penalty (which Washington does not).

Complete archives, with updates going back to the first week of the shootings