- The Washington Times - Wednesday, January 22, 2003

Prosecutors sought capital murder indictments yesterdayagainst sniper suspect John Lee Malvo, and Commonwealth's Attorney Robert F. Horan Jr. told reporters that "I'm sure he was indicted."
Mr. Horan declined to be more specific after the grand jury met most of the day in secret
The 17-year-old Jamaican national's case was moved to adult court last week, meaning he could face the death penalty if convicted.
Mr. Horan said the specific charges will be posted this morning by the circuit court clerk. He would not say what the charges were.
"You can assume he will be tried on those charges," Mr. Horan said of earlier juvenile charges in the death of FBI analyst Linda Franklin on Oct. 14 at the Home Depot in Falls Church. Mrs. Franklin was the ninth victim in the sniper attacks in Maryland, Virginia and the District.
Mr. Horan said the prosecution "asked the grand jury for the same thing he was charged with in juvenile court."
"I'm always reasonably certain we have a good chance we can prove what we allege," Mr. Horan said.
Lt. Tyler Corey, a spokesman for the Fairfax County Sheriff's Office, said last night that Mr. Malvo had not been been served with any indictments at the county jail.
Earlier, Mr. Malvo's attorney and guardian-attorney repeatedly referred to him as "a 17-year-old child" in a hearing before a Circuit Court judge and indicated they expected to force delay of his trial until after the capital-murder trial in October in Prince William County of John Allen Muhammad, 42, who is charged with killing Dean Harold Meyers at a Manassas gas station.
Guardian Todd Petit and attorney Thomas B. Walsh also are attempting to obtain transcripts of six hours of questioning by police, which reportedly included a confession.
Fairfax police Detective June Boyle, who participated in the questioning, went before the grand jury yesterday. In a juvenile court hearing last week, she identified Mr. Malvo's voice as the one she heard on telephone tapes to police demanding $10 million in return for a halt to the shootings.
The defense attorneys appealed the juvenile court ruling then that moved the case to adult court.
"We will move to suppress his statements," Mr. Walsh said. "We don't want his words spun around, which is easy to do. The pressure has been high."
Mr. Petit said he will continue to act as a guardian in defense of "the child," although "Mr. Horan has been attempting to get me removed from the very first day."
Although their legal roles are slightly different, Mr. Walsh said, "Mr. Petit's goal to save a child's life is the same goal as we have."
Mr. Malvo listed in court papers as Lee Boyd Malvo did indeed appear young as he came into Judge Jane M. Roush's court for the 15-minute hearing while the grand jury was meeting. He was wearing green jailhouse coveralls that were too large and white tennis shoes. He sat quietly, his forearms crossed on the table in front of him.
"I'm going to grant the motion to dismiss this appeal," Judge Roush said after Mr. Walsh and county attorneys from Fairfax, Hanover and Prince William counties made their statements.
The defense attorneys indicated they would try to postpone their client's trial until after Mr. Muhammad's. They disagreed with Mr. Horan, who said the two trials could be conducted simultaneously.
Mr. Malvo is scheduled for trial Feb. 25, but Mr. Horan anticipated it will be delayed because "there will be a ton and a half of motions in this case."
"I don't see any reason why we can't try this case this summer," he said.
Mr. Petit declined to discuss Mr. Malvo's mood and attitude.
"He knows that he faces the possibility of execution as a 17-year-old," Mr. Petit said, although Mr. Malvo's 18th birthday is in mid-February.
Mr. Walsh said defense attorneys have been trying to obtain school records, dental records and police records about Mr. Malvo's background.
Some jurisdictions, which he did not name, have cooperated, he said, indicating that Virginia officials have not.
Fairfax County prosecutors are not likely to offer a plea bargain because they are seeking the death penalty, Mr. Walsh said.
"They have fought to keep me out of the case," Mr. Petit said. "They have fought to keep me from defending a juvenile. We seek information only in the best interests of this child."
Mr. Horan said a circuit judge will be assigned to the case today as the indictments are released. He said the judge is likely to schedule a hearing on the case tomorrow or Friday.

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