Posted on 11/03/2004 1:15:37 AM PST by weegee
RICHMOND, VA. - John Allen Muhammad's lawyers argued before the state Supreme Court on Tuesday that the convicted sniper cannot be sentenced to death under a Virginia law because he did not pull the trigger in the October 2002 killing spree.
Muhammad was sentenced to die after being convicted of two counts of capital murder last year in the shooting of Dean Harold Meyers near Manassas. Prosecutors had argued Muhammad and Lee Boyd Malvo formed a sniper team and were thus equally culpable — even though Malvo said he pulled the trigger.
Defense lawyer Peter Greenspun contended that Virginia law allows the death penalty only for the triggerman in such cases, and that Muhammad should receive a life sentence instead.
Justice Donald Lemons challenged Greenspun's argument, likening the sniper killings to a previous murder case in which two defendants were deemed eligible for the death penalty, one for smashing the victim's head with a rock, the other for holding the victim down.
The second count of capital murder on which Muhammad was convicted alleges the sniper killings were an act of terrorism. Under that law, Muhammad would not have to be the triggerman to get the death penalty.
But his lawyers asserted that the law was improperly applied to Muhammad when its clear intent was to punish terrorism such as the Sept. 11 attacks.
Muhammad's attorneys also argued that at the respective trials of Muhammad and Malvo, prosecutors presented contradictory theories, violating Muhammad's rights.
Defense lawyer Jonathan Shapiro said Muhammad's prosecutors in Prince William County portrayed Muhammad as a manipulator who molded Malvo into a killer. Meanwhile, Malvo's prosecutors in Fairfax County depicted Malvo as a willful young man free of Muhammad's influence.
Senior Assistant Attorney General Robert Harris said Malvo's prosecutors were forced to counter an insanity defense in which Malvo contended he was brainwashed by Muhammad.
Oh...I forgot...praise be to Allah...the evil
Where did this lawyer come from? I thought they were all sitting on airplanes waiting to destroy democracy in the USA?
I wish I was a writer sometimes. Someone needs to write something that will wake people up.
What the heck is happening in this country?
Where has moral integrity gone?
You don't even need to be religious to have it, but it helps because it spells out what it means.
Spelling and grammer lessons in school might help too.
Do these Loony left understand what "democracy" means?
it's clear we need to make some changes in this country, because people on the left can't seem to be trusted to be honest and have the integrity to be trusted to act with moral integrity and honesty.
They need to be baby sat and have rules enforced on them.
This social behavior lefties develop is a result of moral decay, no concept of right and wrong, self respect and respect toward others.
I'm disgusted with these people, and John Kerry? What kind of leader is that? He can't even respect the process?
It's even more clear the day after the election that America made the right Choice. Just think if he was president, and didn't get his way with another country, and he has a thumb on a red button.
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