Lee Boyd Malvo - Criminal Prosecutions

Criminal Prosecutions

Malvo was initially arrested under federal charges, but they were dropped. He was transferred to Virginia custody and sent to jail in Fairfax County. He was charged by the Commonwealth of Virginia for two capital crimes: the murder of FBI analyst Linda Franklin "in the commission of an act of terrorism" (an addendum to Virginia law that was added after the September 11, 2001, attacks), and the murder of more than one person in a three-year period. He was also charged with the unlawful use of a firearm in the murder of Franklin. Initially, a Fairfax attorney, Michael Arif, was appointed to represent him, along with Thomas B. Walsh and Mark J. Petrovich. Later, prominent Richmond attorney Craig Cooley was appointed to the team and assumed a leadership role. While in jail, he made a recorded confession to Detective Samuel Walker in which he stated that he "intended to kill them all".

Under a change of venue, the trial was moved over 150 miles away to the city of Chesapeake in southeastern Virginia. He pleaded not guilty by reason of insanity to all charges on the grounds that he was under Muhammad's complete control. One of Malvo's psychiatric witnesses testified that Muhammad, a member of Nation of Islam, had indoctrinated him into believing that the proceeds of the extortion attempt would be used to begin a new nation of only pure black young persons somewhere in Canada.

During the trial, Malvo's defense attorney Craig S. Cooley said that violent video games had contributed significantly to Malvo's mind state and willingness to commit murder. Cooley said: "He's trained and desensitized with video games, computer games, to train him to shoot human forms over and over." Sociologists Lawrence Kutner and Cheryl K. Olson, however, argue in their book Grand Theft Childhood that other factors were much more significant. "In court, Lee Malvo admitted that he trained by shooting a real gun at paper plates that represented human heads. Also, Malvo had a long history of antisocial and criminal behavior, including torturing small animals – one of the best predictors of future violent criminal behavior."

On December 18, 2003, after nearly 14 hours of deliberation, the jury convicted him of both charges. On December 23, a jury recommended a sentence of life in prison without the possibility of parole for the murder of Franklin. On March 10, 2004, a judge formally sentenced him to life in prison without parole.

On October 26, 2004, under a plea bargain to avoid a possible death penalty, Malvo entered an Alford plea to the charges of murdering Kenneth Bridges and attempting to murder Caroline Seawell while Malvo was in Spotsylvania County, Virginia. He also pled guilty to two firearms charges and agreed not to appeal his conviction for the murder of Franklin. He was sentenced to life in prison without parole for murder, plus eight years imprisonment for the weapons charges.

One Virginia prosecutor in Prince William County had stated he would wait to decide whether to try him on additional capital charges in his jurisdiction until the U.S. Supreme Court ruled on whether juveniles may be subject to the penalty of execution. However, in light of the March 1, 2005 Supreme Court decision in Roper v. Simmons that the Eighth Amendment prohibits execution for crimes committed when under the age of 18, the prosecutors in Prince William County decided not to pursue the charges against Malvo. However, prosecutors in Maryland, Louisiana and Alabama were still interested in putting both Malvo and Muhammad on trial.

As Malvo was 17 when he committed the crimes, he cannot face the death penalty, but still may be extradited to Alabama, Louisiana, and other states for prosecution. At the outset of the Beltway sniper prosecutions, the primary reason for extraditing the two suspects from Maryland, where they were arrested, to Virginia, was the differences in how the two states deal with the death penalty. While the death penalty is allowed in Maryland, it is only applied to persons who were adults at the time of their crimes, whereas Virginia had also allowed the death penalty for offenders who had been juveniles when their crimes were committed. In May 2005, Virginia and Maryland reached an agreement to allow Maryland to begin prosecuting some of the pending charges there, and Malvo was extradited to Montgomery County, Maryland under heavy security.

On June 16, 2006, Malvo told authorities that he and Muhammad were guilty of four additional shootings. The four most recently linked victims were also shot in 2002: a man killed in Los Angeles during a robbery in February or March; a 76-year-old man who survived a shooting on May 18 at a golf course in Clearwater, Florida; a man shot to death while doing yard work in Denton, Texas, May 27; and 54-year-old John Gaeta who survived being shot on August 1 during a robbery outside a shopping mall near Baton Rouge, Louisiana.

On October 10, 2006, Malvo pleaded guilty to the six murders he was charged with in Maryland. On November 8, he was sentenced to six consecutive life sentences without the possibility of parole. On October 27, 2006, Malvo told police that he and Muhammad were responsible for the killing of a 60-year-old man on a golf course in Tucson, Arizona. He claimed that they shot Jerry Taylor while he was practicing chip shots on a local golf course. Tucson police had reportedly sought to speak with Malvo about the March 19, 2002 death of Taylor, who died from a single long range gunshot.