Jurors decide Muhammad should be executed

Judge can reduce sentencing in final recommendation

VIRGINIA BEACH, Va. -- Jurors decided Monday that John AllenMuhammad should be executed for masterminding the deadly sniperattacks that terrorized the Washington area for three weeks lastfall.

As the verdict was read, Muhammad maintained the sameunflinching demeanor he had shown through most of his trial. Thejury deliberated five hours over two days before reaching theverdict against Muhammad, a 42-year-old Army veteran who had askedpolice to ''Call me God'' during the October 2002 spree.

The same jury had convicted him a week earlier of murdering DeanHarold Meyers, a 53-year-old man struck by a single bullet to thehead on Oct. 9, 2002, as he filled his tank at a Manassas-area gasstation.

The jury's sentencing recommendation is not final. Circuit JudgeLeRoy F. Millette Jr. can reduce the punishment to life in prisonwithout parole when Muhammad is formally sentenced, but Virginiajudges rarely do that. Sentencing was set for Feb. 12; Virginiadeath row inmates are executed by injection unless they chooseelectrocution.

The jury concluded that prosecutors proved both aggravatingfactors allowing the death penalty: that Muhammad would pose adanger in the future or that his crimes were wantonly vile. He wassentenced to death on both counts he was convicted of last Monday:multiple murders within three years and murder as part of aterrorist plot.

''As we said from the get-go, the death penalty is reserved forthe worst of the worst,'' prosecutor Paul Ebert said. ''We thinkMr. Muhammad fell into that category and we think the juryagreed.''

Jonathan Shapiro, one of Muhammad's attorneys, said the defenseteam had no problem with the jurors, ''who applied the law as itwas given to them.'' But he added: ''We have deep disagreement withany system that sanctions killing.''

Prosecutors had depicted Muhammad as a ruthless murderer who was''captain of a killing team'' that included teenage co-defendantLee Boyd Malvo. They presented evidence of 16 shootings, including10 deaths, in Maryland, Virginia, Alabama, Louisiana and theDistrict of Columbia.

''One thing's for sure they took pleasure in terrorizingpeople,'' Ebert said. ''They took pleasure in killing people andthat's the kind of man that doesn't deserve to be in society.''

Marion Lewis, 51, the father of sniper victim Lori AnnLewis-Rivera, 25, said his relief at the jury's verdict wastempered.

''Now I have to wait 10 or 15 years for the execution tohappen,'' he said. He added: ''I don't believe there ever can beany total closure for something like this.''

At the height of the killings, the area was so terrified thatsports teams practiced indoors and people ducked down while fuelingtheir cars. Some Virginia school systems closed for several daysafter police found a note at one shooting scene: ''Your childrenare not safe anywhere, at any time.''

The jury also recommended the maximum sentences of 10 years inprison for conspiracy to murder and three years for using a firearmin a felony.

''It has been a little bit of a relief today when we finallyreached our decision and ... we knew we had made the right one,''juror Heather Best-Teague said. The hardest part with imposing thedeath penalty for her was ''the fact that he has children. I knowwhat it would be like to not ever see mine again.''

Malvo is on trial in nearby Chesapeake for killing FBI analystLinda Franklin, 47, outside a Home Depot store in Fairfax County onOct. 14, 2002.

When Muhammad and Malvo, were arrested on Oct. 24, 2002, severaljurisdictions scrambled to prosecute them. Attorney General JohnAshcroft decided to send them to Virginia to stand trial, citingthe state's ability to impose ''the ultimate sanction.''

Only Texas has executed more people than Virginia since thedeath penalty was reinstated in 1976 -- 310 to 89. Virginia is oneof 21 states that allow the execution of inmates who committedcapital crimes as 16- and 17-year-olds. Malvo was 17 at the time ofthe shootings.

During the sentencing phase of the trial, defense lawyers soughtto portray Muhammad as a caring family man, showing jurors a homemovie in which he played with his children and encouraged them totake their first steps. Several witnesses also testified he had aloving relationship with his kids.

But prosecutor James Willett said ''that person no longerexists.''

''He doesn't care about children, human life or anything elseGod put on this earth except himself,'' Willett said Thursday as heurged jurors to give Muhammad a death sentence.

The defense was barred from presenting any mental healthevidence because Muhammad refused to be interviewed by theprosecutors' psychiatrist. The defense had previously suggestedMuhammad may have suffered from Gulf War syndrome, and his ex-wifesaid his behavior was much different after he returned fromOperation Desert Storm.

Prosecutors offered no proof that showed Muhammad was thetriggerman, but a mountain of circumstantial evidence linked him tothe crimes. His DNA was found on the .223-caliber rifle used in thekillings, and prosecutors said a laptop computer found in his carincluded maps of six shooting scenes, each marked withskull-and-crossbones icons.

Meanwhile, in Chesapeake, a judge ruled Monday that jurors inMalvo's trial will be allowed to hear the remainder of a recordedinterview with police in which the teenager bragged about hismarksmanship

Jurors on Friday had heard four audiotapes of the interview, butdefense attorneys objected to a fifth tape, contending the soundquality was so poor that the transcript was inaccurate.

Circuit Judge Jane Marum Roush said Monday she listened to thetape ''many, many times'' during the weekend and was satisfied thatthe transcript is accurate. She said prosecutors could play thetape and let the jury read the transcript.

In the interviews, Malvo admitted pulling the trigger in all theshootings, bragged about his shooting prowess and explained thesniper plan by weaving together the philosophical, logistical andnonsensical.


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