- The Washington Times - Monday, January 5, 2004

MONTGOMERY, Ala. — Montgomery County District Attorney Ellen Brooks has written to Virginia Gov. Mark Warner asking that convicted sniper Lee Boyd Malvo be sent to Alabama for a second capital murder trial as soon as possible.A jury in Chesapeake, Va., last month convicted Malvo, who was 17 at the time of the Washington-area sniper shootings, of capital murder in the Oct. 14, 2002, death of Linda Franklin at the Home Depot in Falls Church, but the jurors decided to spare his life and sentenced him to life in prison without the possibility of parole.Montgomery Police Chief John Wilson said yesterday that Miss Brooks sent a detailed letter to Mr. Warner stating that Alabama had a strong case against Malvo and a tested death penalty law, and should be one of the next jurisdictions to try him.”It’s a strong letter. It’s going to be hard to ignore,” Chief Wilson said. “The letter shows we have substantial evidence to build a good case.”Miss Brooks, who had sent a similar letter saying she wanted to try convicted sniper John Allen Muhammad, did not return phone messages seeking comment yesterday.Mr. Warner must approve a transfer of either man for another trial outside Virginia. He has said he won’t make a decision until Feb. 12 at the earliest, when Muhammad is formally sentenced by Prince William County Circuit Judge LeRoy F. Millette Jr.Muhammad was convicted of capital murder by a Virginia Beach jury that recommended a death sentence. Muhammad and Malvo have been charged in the three-week sniper spree that terrorized the Washington area and left 10 persons dead in the fall of 2002. Each was convicted in one of the killings on two capital murder charges.The two also have been charged with capital murder in Alabama in the Sept. 21, 2002, shooting outside a state-owned liquor store that killed manager Claudine Parker and critically injured co-worker Kellie Adams.Chief Wilson said the Montgomery case is strong partly because of witnesses who say they saw Malvo at the scene of the shootings.Miss Adams, who testified in Muhammad’s trial, has said she doesn’t see a reason to try Muhammad in Alabama, since he already has been sentenced to death. But she said yesterday she would not mind seeing Malvo tried in Alabama “if they can get the death penalty.”But she said she fears a jury in Alabama might follow the lead of the Virginia jury and give Malvo life in prison without parole because of his age.Miss Adams said she is willing to testify at an Alabama trial, “if it helps.”Malvo “was seen in the parking lot. He was chased. He was definitely there,” Miss Adams said.Malvo’s fingerprints were found on a publication near the liquor store and helped investigators break the sniper case.Malvo and Muhammad have been linked to 20 shootings, including 13 deaths in Virginia, Maryland, the District, Georgia, Alabama and Louisiana. Jurisdictions other than Alabama also could seek to try them.

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