Muhammad guilty of murder in sniper slaying
Penalty phase resumes Tuesday morning
Monday, November 17, 2003 Posted: 5:39 PM EST (2239 GMT)
VIRGINIA BEACH, Virginia (CNN) -- A jury on Monday found John Allen Muhammad guilty of capital murder and three other charges related to a slaying during last year's sniper shooting spree.
The seven-woman, five-man jury also found the Army veteran guilty of committing a murder in an act of terrorism, conspiracy and use of a firearm in the commission of a felony. The jury announced its verdict after six hours of deliberations.
The capital murder and terrorism charges carry the death penalty as a possible sentence.
Muhammad was found guilty of killing Dean Harold Meyers, a Vietnam veteran who was cut down by a single bullet that hit him in the head on October 9, 2002, as he filled his tank at a Manassas, Virginia, gas station.
Meyers' family members will testify in the sentencing phase, which began Monday afternoon. Judge LeRoy Millette Jr. said he would limit victim impact testimony to just Meyers' family, upholding a defense motion to limit the testimony.
The terrorism conviction is under a Virginia state law passed after the September 11, 2001, attacks. The terrorism charge required the prosecution to show that he was responsible for a murder aimed at intimidating the public or influencing the government.
The capital murder charge required prosecutors to show that he was responsible for at least two murders in a three-year period.
Muhammad showed no emotion as the verdict was read. A sister of one of the victims, however, began sobbing. Other family members were present as well and said they were happy with the verdict. One of the female jury members also was in tears as the verdict was read.
The sentencing phase began Monday afternoon, with the prosecution promising to present evidence of other crimes blamed on Muhammad as well as his "remorseless and hate-filled attitudes," and the defense determined to save Muhammad's life.
Prosecutors must prove one of two factors for the jury to recommend a death sentence, The Associated Press reported: that Muhammad would present a future danger or that the crimes demonstrate "a depravity of mind."
If the jury recommends a death sentence, the judge can reduce it to life without parole. If the jury recommends life, its decision is binding, according to the AP.
The sentencing phase adjourned Monday, and will resume Tuesday at 9 a.m. EST
During the trial, Muhammad's defense attorneys had argued there was no evidence he was responsible for the sniper shootings, and that alleged accomplice Lee Boyd Malvo appeared to be the triggerman. But the prosecution argued that Muhammad was the "immediate perpetrator," even if not the triggerman.
The verdict came six weeks after the trial began, and on the day that testimony began in the Malvo trial.
The trial began with jury selection on October 13 with Muhammad, 42, announcing he would represent himself. Later that first week Muhammad switched course and told the judge he would return to his attorneys for representation.
Prosecutors presented testimony from 136 different witnesses and more than 400 pieces of evidence over 14 days. Testimony included witnesses and family members of victims from last year's shooting spree recounting the shootings that terrorized the suburbs of the nation's capital.
Some of the witnesses -- notably crime scene analysts and medical examiners -- made numerous appearances.
Muhammad's attorneys presented five witnesses and gave evidence that lasted less than three hours.
Earlier Monday, prosecutors said that during his confinement earlier this year Muhammad attempted to escape.
The assertion came in arguments before the judge involving what evidence may be used in the sentencing phase if Muhammad is convicted.
Although prosecutors did not say in court when Muhammad attempted to escape, a government source told CNN the incident took place on March 23. But the defense called the allegation an unfounded rumor.
Prosecutor James Willett said Muhammad was put in solitary confinement after his alleged escape attempt.
Defense attorney Jonathan Shapiro argued that word of the escape attempt was only a rumor. But Willett said the commonwealth has evidence.
Willett did not say at what point Muhammad tried to escape.
Muhammad was charged in the October 9, 2002, slaying of Dean Harold Meyers outside a Manassas gas station.
Muhammad and Malvo are accused of being behind the October 2002 sniper slayings that killed 10 people and wounded three in the Washington, D.C., area. They are also charged in sniper shootings in several other states.
Muhammad and Malvo are the first suspects to be charged under Virginia's terrorism law.
http://www.cnn.com/2003/LAW/11/17/sp...ial/index.html
Penalty phase resumes Tuesday morning
Monday, November 17, 2003 Posted: 5:39 PM EST (2239 GMT)
VIRGINIA BEACH, Virginia (CNN) -- A jury on Monday found John Allen Muhammad guilty of capital murder and three other charges related to a slaying during last year's sniper shooting spree.
The seven-woman, five-man jury also found the Army veteran guilty of committing a murder in an act of terrorism, conspiracy and use of a firearm in the commission of a felony. The jury announced its verdict after six hours of deliberations.
The capital murder and terrorism charges carry the death penalty as a possible sentence.
Muhammad was found guilty of killing Dean Harold Meyers, a Vietnam veteran who was cut down by a single bullet that hit him in the head on October 9, 2002, as he filled his tank at a Manassas, Virginia, gas station.
Meyers' family members will testify in the sentencing phase, which began Monday afternoon. Judge LeRoy Millette Jr. said he would limit victim impact testimony to just Meyers' family, upholding a defense motion to limit the testimony.
The terrorism conviction is under a Virginia state law passed after the September 11, 2001, attacks. The terrorism charge required the prosecution to show that he was responsible for a murder aimed at intimidating the public or influencing the government.
The capital murder charge required prosecutors to show that he was responsible for at least two murders in a three-year period.
Muhammad showed no emotion as the verdict was read. A sister of one of the victims, however, began sobbing. Other family members were present as well and said they were happy with the verdict. One of the female jury members also was in tears as the verdict was read.
The sentencing phase began Monday afternoon, with the prosecution promising to present evidence of other crimes blamed on Muhammad as well as his "remorseless and hate-filled attitudes," and the defense determined to save Muhammad's life.
Prosecutors must prove one of two factors for the jury to recommend a death sentence, The Associated Press reported: that Muhammad would present a future danger or that the crimes demonstrate "a depravity of mind."
If the jury recommends a death sentence, the judge can reduce it to life without parole. If the jury recommends life, its decision is binding, according to the AP.
The sentencing phase adjourned Monday, and will resume Tuesday at 9 a.m. EST
During the trial, Muhammad's defense attorneys had argued there was no evidence he was responsible for the sniper shootings, and that alleged accomplice Lee Boyd Malvo appeared to be the triggerman. But the prosecution argued that Muhammad was the "immediate perpetrator," even if not the triggerman.
The verdict came six weeks after the trial began, and on the day that testimony began in the Malvo trial.
The trial began with jury selection on October 13 with Muhammad, 42, announcing he would represent himself. Later that first week Muhammad switched course and told the judge he would return to his attorneys for representation.
Prosecutors presented testimony from 136 different witnesses and more than 400 pieces of evidence over 14 days. Testimony included witnesses and family members of victims from last year's shooting spree recounting the shootings that terrorized the suburbs of the nation's capital.
Some of the witnesses -- notably crime scene analysts and medical examiners -- made numerous appearances.
Muhammad's attorneys presented five witnesses and gave evidence that lasted less than three hours.
Earlier Monday, prosecutors said that during his confinement earlier this year Muhammad attempted to escape.
The assertion came in arguments before the judge involving what evidence may be used in the sentencing phase if Muhammad is convicted.
Although prosecutors did not say in court when Muhammad attempted to escape, a government source told CNN the incident took place on March 23. But the defense called the allegation an unfounded rumor.
Prosecutor James Willett said Muhammad was put in solitary confinement after his alleged escape attempt.
Defense attorney Jonathan Shapiro argued that word of the escape attempt was only a rumor. But Willett said the commonwealth has evidence.
Willett did not say at what point Muhammad tried to escape.
Muhammad was charged in the October 9, 2002, slaying of Dean Harold Meyers outside a Manassas gas station.
Muhammad and Malvo are accused of being behind the October 2002 sniper slayings that killed 10 people and wounded three in the Washington, D.C., area. They are also charged in sniper shootings in several other states.
Muhammad and Malvo are the first suspects to be charged under Virginia's terrorism law.
http://www.cnn.com/2003/LAW/11/17/sp...ial/index.html
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