John Allen Muhammad - Criminal Case

Criminal Case

Muhammad was captured in Maryland, where most of the attacks and murders took place. Although Maryland sought to bring him to trial, United States attorney general John Ashcroft reassigned the case from the Maryland prosecutor Doug Gansler, a Democrat, to a Republican prosecutor in Virginia, Jerry W. Kilgore. Kilgore was planning to run for governor. Virginia was viewed as the more likely jurisdiction to provide a death sentence, which was borne out by the Virginia and Maryland verdicts, and Virginia also allowed the death penalty for juveniles.

In October 2003, Muhammad went on trial for the murder of Dean Meyers at a Prince William County service station near the city of Manassas. The trial had been moved from Prince William County, to Virginia Beach, approximately 200 miles away. Muhammad was granted the right to represent himself in his defense, and dismissed his legal counsel, though he immediately switched back to having legal representation after his opening argument.

Muhammad was charged with murder, terrorism, conspiracy and the illegal use of a firearm, and faced a possible death sentence. Prosecutors said the shootings were part of a plot to extort $10 million from local and state governments. The prosecution said that they would make the case for 16 shootings allegedly involving Muhammad. The terrorism charge against Muhammad required prosecutors to prove he committed at least two shootings in a three-year period.

The prosecution called more than 130 witnesses and introduced more than 400 pieces of evidence intended to prove that Muhammad undertook the murders and ordered Malvo to help carry it out. Evidence included a rifle, found in Muhammad's car, that was linked by ballistics tests not only to 8 of the 10 killings in the Washington area but also to two others, in Louisiana and Alabama; the car itself, which was modified so that a sniper could shoot from inside the trunk; and a laptop computer, also found in the car, that contained maps with icons pinpointing shooting scenes.

There were also witness accounts that put Muhammad across the street from one shooting and his car near the scene of several others. There was also a recorded phone call to a police hotline in which a man, his voice identified by a detective as Muhammad's, demanded money in exchange for stopping the shootings.

Muhammad's defense asked the court to drop the capital murder charges due to the fact that there was no direct evidence. Malvo's fingerprints were on the Bushmaster rifle found in Muhammad's car, and genetic material from Muhammad himself was also discovered on the rifle, but the defense contended that Muhammad could not be put to death under Virginia's "trigger-man law" unless he actually pulled the trigger to kill Meyers, and no one testified that they saw him do so.

On November 17, 2003, by verdict of his jury, Muhammad was convicted in Virginia of all four counts in the indictment against him: capital murder for the shooting of Dean H. Meyers; a second charge of capital murder under Virginia's antiterrorism statute, for homicide committed with an intent to terrorize the government or the public at large; conspiracy to commit murder; and the illegal use of a firearm. In the penalty phase of the trial, the jury after five hours of deliberation over two days unanimously recommended that Muhammad should be sentenced to death. On March 9, 2004, a Virginia judge agreed with the jury's recommendation and sentenced John Allen Muhammad to death.

On April 22, 2005, the Virginia Supreme Court affirmed his death penalty, stating that Muhammad could be sentenced to death because the murder was part of an act of terrorism. The court also rejected an argument by defense lawyers that he could not be sentenced to death because he was not the triggerman in the killings. Virginia Supreme Court Justice Donald W. Lemons said at the time, "With calculation, extensive planning, premeditation and ruthless disregard for life, Muhammad carried out his cruel scheme of terror."

In May 2005, Maryland and Virginia reached an agreement to allow his extradition to face Maryland charges, but Muhammad was fighting the action legally. He was held at the maximum security Sussex I State Prison near Waverly in Sussex County, Virginia, which houses Virginia's death row inmates. While awaiting execution in Virginia, in August 2005, he was extradited to Montgomery County, Maryland to face charges there.

On May 30, 2006, a Maryland jury found John Allen Muhammad guilty of six counts of murder in Maryland. In return, he was sentenced to six consecutive life terms without possibility of parole on June 1, 2006. Neither Alabama, Arizona, Louisiana, or Washington State moved to try Muhammad, given his death sentence for murder in Virginia. In 2006, Malvo confessed that the pair also killed victims in California, Arizona, and Texas, making 17 victims.

On May 6, 2008, it was revealed that Muhammad asked prosecutors in a letter to help him end legal appeals of his conviction and death sentence "so that you can murder this innocent black man." An appeal filed by Muhammad's defense lawyers in April 2008 cited evidence of brain damage that would render Muhammad incompetent to make legal decisions, and that he should not have been allowed to represent himself at his Virginia trial.

On September 16, 2009, Muhammad's execution date was set for November 10, 2009. On November 9, 2009, Muhammad's petition for review of his death sentence was denied by the US Supreme Court. Justice Stevens, joined by Justice Ginsburg and Justice Sotomayor wrote a separate opinion stating that Virginia's rush to set an execution date "highlights once again the perversity of executing inmates before their appeals process has been fully concluded", while noting that they concurred with the decision that the appeal ought not be heard.