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Teen May Have Shot FBI Analyst
By STEVE SZKOTAK
.c The Associated Press
RICHMOND, Va. (AP) - The 17-year-old suspect in the Washington-area sniper attacks may have squeezed off the shot that killed an FBI analyst, a Virginia prosecutor said, raising the possibility that the death penalty could be brought against both suspects.
Robert F. Horan, Jr., a Commonwealth attorney, told The Associated Press on Sunday there is ``an equal possibility'' for both suspects - John Allen Muhammad, 41, and John Lee Malvo, 17 - to have shot FBI analyst Linda Franklin outside a Home Depot on Oct. 14 in Fairfax.
The New York Times and Richmond Times-Dispatch both reported Monday that Horan suggested there is evidence Malvo was the shooter in that case.
``There will be evidence that the juvenile was the shooter,'' The New York Times quoted Horan as saying. He refused to provide any more details.
Despite murder charges filed in Maryland against the two sniper suspects, rival prosecutors in Virginia are circling the case with the promise that they could win death sentences against the pair.
At least two Virginia counties were prepared to seek charges Monday against Muhammad and Malvo, the men suspected of 13 shootings that left 10 dead and terrorized the suburbs around the nation's capital.
The suspects already face multiple murder charges in Maryland, and murder charges in Alabama unrelated to the sniper shootings. They also could be charged with federal extortion and murder counts that could bring the death penalty.
Last week, Maryland filed six first-degree murder counts against both Muhammad and Malvo. But the top elected official in Maryland's Montgomery County urged prosecutors to choose the strongest venue.
``They need to present a unified front to the public and say: 'Here's how we're going to handle this,' and wherever the case is strongest with the stiffest penalties, that's where they need to go,'' Montgomery County Executive Douglas Duncan said.
Virginia has executed 86 people since capital punishment was reinstated in 1976, more than any state but Texas. In the same period, Maryland has executed three people and is one of two states with a moratorium on executions.
Virginia Attorney General Jerry T. Kilgore has left the decision to the local prosecutors on what charges his state will seek, a spokesman said Sunday. Kilgore has urged that Virginia have the first chance to try the case because it can more easily apply the death penalty.
``The key is still that the federal government not indict before Virginia to preclude our prosecution,'' said the spokesman, Tim Murtaugh. ``It's key to act now.''
Virginia prosecutors in Spotsylvania County and Hanover County were expected to seek indictments Monday.
William Neely, the Spotsylvania prosecutor, said Saturday he would seek charges against Muhammad that could bring the death penalty. He said Malvo might also face capital charges, but that would depend on the teenager's role in the shootings.
A Justice Department source said Prince William County was also expected to file capital murder charges against Muhammad as early as Monday. Accessory or aiding and abetting counts were expected for Malvo, while prosecutors consider the evidence for bringing a death-penalty case against the teen, the official said on condition of anonymity.
Prince William prosecutor Paul Ebert did not return calls seeking comment Sunday.
Federal law enforcement authorities are reviewing possible charges relating to extortion and murder that might allow for all the shootings to be combined in a single case and would allow for the death penalty on conviction, the official said. Letters left behind in the sniper slayings demanded $10 million.
The Virginia moves come as federal and state officials suggested Maryland allow the suspects to be prosecuted in jurisdictions with stronger death penalty laws. Alabama has also charged the men with capital murder for a Sept. 21 killing unrelated to the sniper shootings.
Montgomery County State's Attorney Douglas Gansler told the AP on Sunday that he still believes his state should prosecute the case first, but ``we're open to discussions with all the jurisdictions.''
Gansler acknowledged that the toughest sentence Malvo could get in Maryland would be life without the possibility of parole, but argued that his state has the strongest case because it suffered the most losses. Six were slain there.
A 17-year-old would be eligible for the death penalty in Virginia and Alabama but not in Maryland. There is no death penalty in the District of Columbia, where one person was killed.
By STEVE SZKOTAK
.c The Associated Press
RICHMOND, Va. (AP) - The 17-year-old suspect in the Washington-area sniper attacks may have squeezed off the shot that killed an FBI analyst, a Virginia prosecutor said, raising the possibility that the death penalty could be brought against both suspects.
Robert F. Horan, Jr., a Commonwealth attorney, told The Associated Press on Sunday there is ``an equal possibility'' for both suspects - John Allen Muhammad, 41, and John Lee Malvo, 17 - to have shot FBI analyst Linda Franklin outside a Home Depot on Oct. 14 in Fairfax.
The New York Times and Richmond Times-Dispatch both reported Monday that Horan suggested there is evidence Malvo was the shooter in that case.
``There will be evidence that the juvenile was the shooter,'' The New York Times quoted Horan as saying. He refused to provide any more details.
Despite murder charges filed in Maryland against the two sniper suspects, rival prosecutors in Virginia are circling the case with the promise that they could win death sentences against the pair.
At least two Virginia counties were prepared to seek charges Monday against Muhammad and Malvo, the men suspected of 13 shootings that left 10 dead and terrorized the suburbs around the nation's capital.
The suspects already face multiple murder charges in Maryland, and murder charges in Alabama unrelated to the sniper shootings. They also could be charged with federal extortion and murder counts that could bring the death penalty.
Last week, Maryland filed six first-degree murder counts against both Muhammad and Malvo. But the top elected official in Maryland's Montgomery County urged prosecutors to choose the strongest venue.
``They need to present a unified front to the public and say: 'Here's how we're going to handle this,' and wherever the case is strongest with the stiffest penalties, that's where they need to go,'' Montgomery County Executive Douglas Duncan said.
Virginia has executed 86 people since capital punishment was reinstated in 1976, more than any state but Texas. In the same period, Maryland has executed three people and is one of two states with a moratorium on executions.
Virginia Attorney General Jerry T. Kilgore has left the decision to the local prosecutors on what charges his state will seek, a spokesman said Sunday. Kilgore has urged that Virginia have the first chance to try the case because it can more easily apply the death penalty.
``The key is still that the federal government not indict before Virginia to preclude our prosecution,'' said the spokesman, Tim Murtaugh. ``It's key to act now.''
Virginia prosecutors in Spotsylvania County and Hanover County were expected to seek indictments Monday.
William Neely, the Spotsylvania prosecutor, said Saturday he would seek charges against Muhammad that could bring the death penalty. He said Malvo might also face capital charges, but that would depend on the teenager's role in the shootings.
A Justice Department source said Prince William County was also expected to file capital murder charges against Muhammad as early as Monday. Accessory or aiding and abetting counts were expected for Malvo, while prosecutors consider the evidence for bringing a death-penalty case against the teen, the official said on condition of anonymity.
Prince William prosecutor Paul Ebert did not return calls seeking comment Sunday.
Federal law enforcement authorities are reviewing possible charges relating to extortion and murder that might allow for all the shootings to be combined in a single case and would allow for the death penalty on conviction, the official said. Letters left behind in the sniper slayings demanded $10 million.
The Virginia moves come as federal and state officials suggested Maryland allow the suspects to be prosecuted in jurisdictions with stronger death penalty laws. Alabama has also charged the men with capital murder for a Sept. 21 killing unrelated to the sniper shootings.
Montgomery County State's Attorney Douglas Gansler told the AP on Sunday that he still believes his state should prosecute the case first, but ``we're open to discussions with all the jurisdictions.''
Gansler acknowledged that the toughest sentence Malvo could get in Maryland would be life without the possibility of parole, but argued that his state has the strongest case because it suffered the most losses. Six were slain there.
A 17-year-old would be eligible for the death penalty in Virginia and Alabama but not in Maryland. There is no death penalty in the District of Columbia, where one person was killed.