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 Judge: Try Malvo as an adult
FAIRFAX, Virginia (CNN) -- A judge ruled Wednesday that 17-year-old sniper suspect John Lee Malvo will be tried as an adult, a decision that will make him eligible for the death penalty if he is convicted. Virginia Juvenile Court Judge Charles Maxfield ordered Malvo to be tried as an adult in the October 14 shooting death of FBI analyst Linda Franklin, one of four sniper shootings that prosecutors say Malvo carried out. Based on a substantial amount of circumstantial evidence, Maxfield said, there is probable cause to believe Malvo was involved in the shooting. The suspect is scheduled to go before a Fairfax County grand jury February 25, although attorneys on both sides said they doubt the case will be ready by then. Defense: Evidence shows no terrorismMalvo's defense attorneys made heated closing arguments Wednesday, saying that none of the evidence presented actually placed Malvo at any of the four crime scenes. They also said the crimes under consideration did not constitute terrorism. One of the two counts of murder facing Malvo falls under Virginia's anti-terrorism statute, which was enacted after the September 11 terrorist attacks. "The purpose of the statute is to prevent another terrorist attack within this country," Michael Arif, Malvo's defense attorney, told reporters Wednesday evening. "I don't believe that there's any evidence that's been presented that this was in any way terrorism." Commonwealth Attorney Robert Horan Jr., however, pointed out that the snipers' communications, presented in court, made threats against children and included a demand for $10 million. Horan said these were clearly attempts to intimidate the government. "I don't know what's plainer than saying, 'If you commit a particular act of violence with intent to intimidate the populace or government, you come within the confines of that statute,'" Horan told reporters. Prosecutors also presented extensive evidence dealing with ballistics. A rifle found in the car in which Malvo and the other sniper suspect, John Allen Muhammad, 42, were arrested matched ballistics evidence found at the crime scene, according to experts who testified. Malvo's fingerprints were also on the weapon, the experts said. Authorities accuse Malvo and Muhammad of being behind the series of sniper shootings that killed 10 people and wounded four in Maryland, Virginia and the District of Columbia in October. Investigators also have linked the pair to killings in Louisiana, Alabama, Georgia and Washington state. Muhammad faces trials for separate incidents. Fingerprints match Malvo'sWalter Dandridge Jr., a firearms specialist with the Bureau of Alcohol, Tobacco and Firearms, testified at the hearing that bullet fragments found at the four shootings involved in the Malvo case matched a .223-caliber Bushmaster rifle found in Malvo's possession. The fragments matched the rifle "to the exclusion of all other firearms," he said. "No question in my mind." FBI fingerprint specialist Mitchell Hollars testified that two of Malvo's fingerprints were found on a raisin snack bag dropped in the woods behind an Ashland, Virginia, Ponderosa Steakhouse where a man was shot October 19. An FBI investigator said the raisin bag provided testable DNA samples, as did a Ziploc bag, a note in it, and two tacks that held it to a tree in those woods. A witness also testified that Malvo's fingerprint was found on a shell casing in the woods from a .223-caliber rifle. Maxfield heard a short and largely unintelligible recording of a phone conversation the sniper is said to have made to the restaurant after the shooting. An FBI agent then read a transcript of the call. "Dearest police, call me God," said the caller, who prosecutors contend is Malvo. "Five red stars. You have our terms. They are non-negotiable." The caller then said, "Your children are not safe." All calls to that number were forwarded to the FBI, and FBI agent Jackie Dalrymple received the call. She testified that the caller, who she did not identify, wanted the FBI to hold a news conference and threatened more killings if authorities did not meet the demand. Fairfax County police detective June Boyle identified the voice as Malvo's, based on six hours of conversations she had with him, but after cross-examination Boyle acknowledged she did not have the expertise to judge his voice. At arrest, Malvo described as 'defiantly silent'In the call, authorities were ordered to say publicly they had "caught the sniper like a duck in a noose" and were reminded that the callers would "not deviate" from threats to carry out more killings. Horan said that explained the death of Conrad Johnson, a Maryland bus driver, a day after the call. "According to what they said, that's why Mr. Johnson was dead -- because the government didn't act quick enough," Horan said. The note tacked to the tree said police would be contacted at 6 a.m. Sunday and would have until 9 a.m. Monday to "complete a transaction," referring to $10 million demanded in the note. Authorities did not read the note until after the Sunday deadline. Montgomery County Police Chief Charles Moose later went before cameras and used the "duck in a noose" phrase. In addition to the October 19 restaurant shooting, authorities have said evidence also links Malvo to an October 9 killing at a Maryland gas station, the shooting of Franklin on October 14, and the October 22 killing of Johnson, the Maryland bus driver. Among those who testified was a forensics specialist from Montgomery County, who described the rifle that Malvo and Muhammad allegedly used in the sniper shootings. Police found the weapon in the pair's Chevrolet Caprice. The witness testified that investigators found the rifle hidden between the top portion of the sedan's back seat and the metal that separated the trunk from the passenger compartment. A bungee cord held the rifle in place, and at first investigators feared it was booby-trapped, but they finally removed the gun and found it contained a live round. Investigators also found a single hole, about 2.5 inches high and three-quarters of an inch wide, that had been cut above the license plate so a person could have seen out of the trunk. An FBI agent shed light on the dramatic arrest of the pair, who were inside the car at a Maryland rest stop at night. The agent, who was part of the arresting team, said authorities broke out the car windows because they were tinted and they couldn't see inside. They found Malvo in the front seat and Muhammad in the back, and when they hauled them out, Malvo refused to identify himself. The agent described the teenager as "defiantly silent." Copyright 2003 CNN. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Associated Press contributed to this report.
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