Sniper John Allen Muhammad, who has already been sentenced to death in Prince William County, faces a second capital murder trial, this time in Fairfax County for the murder of Arlington resident Linda Franklin.
Franklin, an FBI analyst, was killed by a single bullet in the parking garage of the Home Depot store in Falls Church on Oct. 14, 2002.
"In capital cases, it's just not final," said Commonwealth's Attorney Robert F. Horan Jr., when asked during a post-hearing press conference why there's a need for Muhammad's second trial. The appeal process could last five years before Muhammad would be executed.
Fairfax Circuit Court Judge Jonathan C. Thacher scheduled Muhammad's Fairfax trial for Oct. 4, 2004. Peter D. Greenspun and Jonathan Shapiro, Muhammad’s defense attorneys, must file a change in venue motion by July 22 if they want his trial to be moved outside Fairfax County.
"We haven't had great access to Mr. Muhammad so we need to discuss that amongst ourselves," Greenspun said during Muhammad's arraignment on Tuesday, June 22.
"It may become difficult to select a jury in this county," Thacher said.
Horan anticipates Muhammad's trial to last four to six weeks.
"Mr. Horan and Mr. [Raymond F.] Morrogh are somewhat quicker than Prince William people. If that's the estimation, it sounds reasonable," said Peter D. Greenspun, defense attorney for Muhammad.
<b>MUHAMMAD'S TEENAGE ACCOMPLICE,</b> Lee Boyd Malvo, was sentenced to life in prison in December 2003 for the murder of Arlington resident Linda Franklin. His trial was moved from Fairfax County to Chesapeake.
Muhammad was convicted in November 2003 in Virginia Beach for the murder of Dean Harold Meyers, one of 10 people who were murdered during sniper attacks in the Washington area.
Motion hearings in Muhammad's Fairfax case have been scheduled for July 29, August 9, Aug. 23, September 7 and September 20.
Muhammad transferred to Fairfax from death row in the Sussex I State Prison in Waverly, Va. for his arraignment.
During his arraignment, Muhammad sat in leg irons and had his hands handcuffed in front of him as two sheriff deputies sat in chairs directly behind him. Two additional deputies stood guard behind them, while an additional six deputies guarded the Circuit Court doors and two more stood on both sides in front of Judge Thacher's bench.