Teenage sniper faces death penalty trial

A US grand jury has indicted 17-year-old Lee Boyd Malvo on two counts of capital murder in last year’s sniper shootings, setting the stage for a death penalty trial.

The indictment, issued on Tuesday and made public yesterday, also includes one count of using a firearm in a murder. Both capital murder counts stem from the October 14 killing of FBI analyst Linda Franklin in Virginia.

The indictment officially marks the transfer of Malvo’s case to adult court. A juvenile court judge ruled last week that Malvo could be tried as an adult, making him eligible for the death penalty if convicted of capital murder.

His arraignment has not been scheduled.

Malvo, born in Jamaica, and John Allen Muhammad, 42, are accused of killing 13 people and wounding five in Alabama, Georgia, Louisiana, Maryland, Virginia and Washington. They are being tried first in Virginia because its laws allow the best opportunities for the death penalty.

The grand jury granted Fairfax County Commonwealth’s Attorney Robert Horan’s request for capital murder indictments under two statutes: one prohibiting the killing of more than one person in a three-year period, and an anti-terrorism law.

Mr Horan said he expects Malvo’s lawyers to file pre-trial motions “by the ton”, but he believes the trial could begin this summer.

Defence lawyer Thomas Walsh said a summer court date would be too soon. He said the defence has been given only a slight notion of the prosecution’s evidence and has not yet been able to hire its own experts.

“We’ve been basically given no resources here,” Mr Walsh said.

Muhammad is scheduled to go on trial in October in neighbouring Prince William County for the slaying of Dean Meyers at a gasoline station.