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Thursday, May 12, 2005

Gung-ho prosecutor must weigh price of show

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"Vengeance is mine, saith the Lord," or a zealous prosecutor.

Montgomery County State's Attorney Douglas F. Gansler, with his youthful looks and affable ways, makes no secret of being a passionate prosecutor. Hey, who wouldn't want an "eager beaver" in their jurisdiction with a zest for convicting the bad guys? But, is the gung-ho Gansler becoming overzealous, as he seeks to prosecute the convicted Washington-area snipers, John Allen Muhammad and Lee Boyd Malvo?

Mr. Gansler fervently states absolutely not; he's only doing his sworn duty. After all, six of the 10 sniper victims were killed in Montgomery County, which was "the epicenter of the crimes and the investigation." And, "These guys have got to be held accountable," the fast-talking Mr. Gansler said yesterday. "Can you imagine what would be said if we didn't [prosecute]?" Insisting that he didn't lobby for the case, Mr. Gansler made the decision to prosecute the snipers after receiving word that Virginia Gov. Mark Warner would release them to Maryland, and only after he consulted with the victims' families.

"Some were reticent until they realized [the snipers] would be tried in another state, so it might as well be here," he said. "One mother asked how would you like it if the person you thought was responsible for your [loved one's] murder was tried 200 miles away for another crime and convicted, and people told you, 'That's all right, don't worry about it'?"

He added, "Outcome is not why we try cases." Further, he downplayed as "ridiculous on its face" and as a "cheap shot" any suggestion that he is showboating for politics' sake. "Politics has no place in prosecutions," he said.

However, Mr. Gansler's detractors say the boyish wunderkind, who seeks to become the next attorney general of Maryland, is going too far this time. And, he's opened himself up to criticism because his hot pursuit of another lengthy, costly, emotional trial for the convicted snipers is indeed just a matter of "show."

Jonathan Shapiro, Muhammad's attorney, told The Washington Times that Mr. Gansler is the only one to benefit from another sniper trial.

"It's a show trial," the Fairfax lawyer said. He also cited the "sheer waste of money" for a trial for two men who will never be set free. Muhammad is on death row in Virginia, and Malvo is serving a life sentence without the possibility of parole.

Mr. Gansler countered, saying the costs "would be no more than any other high-profile case in the county," and should not be considered as a factor where the loss of so many lives is concerned. Also, he does not anticipate the same press coverage for the Montgomery cases.

Not for the glory: The "crowning achievement" of his career was the night he took his children trick-or-treating for Halloween 2001 -- a week after Malvo and Muhammad were arrested -- because he "had some small part in knowing that they and other children could go out without fear of being shot by a sniper," he said.

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