Federal judge tosses out life sentences for DC sniper Malvo

Francis Osborne
May 27, 2017

A United States federal district court judge has reportedly overturned the sentence of Lee Boyd Malvo, one of the two people convicted in D.C. -area Beltway sniper attacks almost 15 years ago.

Saying the Supreme Court ruled that mandatory life sentences for juveniles are unconstitutional, the judge ordered new sentencing hearings for Malvo, according to the Associated Press.

That's why he says Malvo should get new sentencing hearings.

Michael Kelly, spokesman for Virginia Attorney General Mark Herring, said Friday evening that the office is "reviewing the decision and will do everything possible, including a possible appeal, to make sure this convicted mass murderer serves the life sentences that were originally imposed". He was also convicted by a jury and sentenced to two life sentences in Fairfax County, it added.

Malvo was sentenced to life in prison without parole for the sniper-style attacks committed in October 2002, along with John Allen Muhammad.

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Prosecutors sought the death penalty for Malvo as well, for the slaying in Fairfax County, Va., of Linda Franklin outside a Home Depot in the Falls Church area. The 25-page ruling states in part, "There is no evidence in the record to suggest that petitioner was aware of the existence of this right, much less that he meant to relinquish or abandon it" when he waived his rights by agreeing to be imprisoned for life without parole.

Muhammad and Malvo used a rifle to shoot over a dozen people from a modified trunk of a Chevrolet Caprice in random attacks in Maryland, Virginia and the District of Columbia. Malvo then was found guilty and as part of a plea agreement was sentenced to two more life sentences without parole.

"We believe that Judge Jackson's ruling is consistent with the mandates of the United States Supreme Court on these sentencing issues".

Malvo has been serving his sentence at Red Onion state prison in southwest Virginia. "I was able to move on with my life", she said.

Other reports by TheDailyFarc

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