- The Washington Times - Wednesday, May 25, 2005

Convicted sniper Lee Boyd Malvo was transferred yesterday from Virginia to Montgomery County to stand trial for six killings linked to the D.C.-area snipers in 2002.

Malvo was taken out of Red Onion State Prison in Southwest Virginia, Gov. Mark Warner’s office said. A Maryland State Police plane flew him to Frederick, and he was taken to Rockville for processing before a four-car convoy took him to the county jail in Clarksburg about 1:40 p.m.

Malvo did not speak during the transfer, Montgomery County Sheriff Raymond Kight said.

Malvo, 20, is serving a life sentence for the Oct. 14, 2002, slaying of FBI analyst Linda Franklin in Fairfax County.

Malvo and John Allen Muhammad, 44, will be tried in Montgomery on six first-degree murder counts.

Muhammad, who masterminded the sniper attacks, was convicted in 2003 of killing Dean Harold Meyers in Manassas and was sentenced to death.

Malvo’s attorney in Maryland, Harry Trainor, said yesterday afternoon that he was on his way to meet his client at the jail. The public defender’s office asked Mr. Trainor, a lawyer in private practice, in 2002 to represent Malvo.

A bond hearing was tentatively scheduled for today, but Mr. Trainor said he was not sure the hearing would be necessary for Malvo, because he is serving a life sentence in Virginia.

“Considering his status, there would be no bond available to him,” Mr. Trainor said.

Muhammad and Malvo were arrested Oct. 24, 2002, in Frederick County, Md., while they slept in their car at a rest stop.

Montgomery prosecutors were the first to announce murder charges against the pair, but they soon were transferred to Virginia for prosecution after U.S. Attorney General John Ashcroft determined that the likelihood of obtaining a death sentence was greater there.

Malvo, 17 at the time of the killings, was sentenced to life in prison without parole during his 2003 trial in Chesapeake, Va., and the U.S. Supreme Court has since struck down the death penalty for juveniles.

Mr. Warner and Maryland Gov. Robert L. Ehrlich Jr. agreed earlier this month to move Malvo and Muhammad to Montgomery County because Virginia prosecutors had exhausted their legal cases against the pair.

Maryland has 30 days to indict Malvo. Muhammad has challenged the extradition plans, and the appeal will be reviewed by Mr. Warner’s office. Montgomery County State’s Attorney Douglas F. Gansler said he expected that Muhammad will be transferred within a month.

Maryland Attorney General J. Joseph Curran Jr. signed forms a week ago that gave Maryland permission to have Malvo transferred, said Kevin Enright, spokesman for Mr. Curran.

Montgomery corrections officials would not comment on the conditions under which Malvo will be held. But the division’s director, Arthur Wallenstein, said Malvo would have access to mail, visitors and recreation time.

“He’s not buried in a hole,” Mr. Wallenstein said.

Even though Muhammad and Malvo have been sentenced in Virginia, authorities in Maryland have said justice would not be served for the families of the Maryland victims until the pair stood trial there.

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