Hands Off Cain

A judge denied a defence motion to declare Virginia...

A judge denied a defence motion to declare Virginia state's death penalty unconstitutional in the case of Lee Boyd Malvo, who could face capital punishment if convicted of killing an FBI employee during a string of sniper killings in the Washington metro

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A judge denied a defence motion to declare Virginia state's death penalty unconstitutional in the case of Lee Boyd Malvo, who could face capital punishment if convicted of killing an FBI employee during a string of sniper killings in the Washington metro area.
Fairfax County Circuit Judge Jane Maro Rouch also prohibited the use of television cameras or still photography during court proceedings in the case, but she will allow a closed-circuit camera to operate so people can watch the proceedings from a room in the county building next to the courthouse.
Rouch said she was concerned about the potential prejudicial impact of television coverage on potential jurors in related trials. The 18-year-old Malvo -- who sat attentively in a green jumpsuit -- also faces charges in neighbouring jurisdictions in the shootings.
He is charged with the October 14, 2002 murder of 47-year-old FBI analyst Linda Franklin outside a Home Depot store in Falls Church. Prosecutors are seeking the death penalty. His trial starts November 10.
The defence motion regarding the Virginia death penalty had said the statute's standards of "vileness" and "depravity of mind" are too vague. Prosecutors called the motion "68 pages of diatribe against the Supreme Court of Virginia."
Earlier, neighbouring Prince William County barred television cameras from covering the trial of John Muhammad, Malvo's alleged companion in the shootings, but didn't say whether still cameras would be allowed.
A group of newspapers and TV networks had sought permission to use cameras in the courtroom, citing public interest and concern for justice.
Malvo and Muhammad, 42, are suspected in 20 shootings, including 13 deaths, in the District of Columbia, Virginia, Maryland, Georgia, Alabama and Louisiana.
SOURCES
  • (Sources: CNN, 04/03/2003)