Jury sharply split in sparing sniper Malvo
December 24, 2003
CHESAPEAKE, Virginia (CNN) -- The Virginia jury that spared the life of teen sniper Lee Boyd Malvo was apparently sharply split, with five jurors favoring a death sentence but others saying he was too young to be executed.
The jurors decided Tuesday -- after nine hours of deliberation over two days -- to sentence the 18-year-old to life without parole for his role in the Washington-area sniper slayings.
One juror told CNN that Malvo must be "laughing" at the decision, which the jurors returned only when it became clear they would deadlock.
"There's not a bone in my body that thinks this was the right decision," according to the juror.
The juror described the group of eight women and four men as being deeply and strongly divided, with a core group of five jurors favoring death.
Malvo watched intently, blinking as the verdict was read; defense attorney Craig Cooley sat with his head bowed, while co-counsel Michael Arif patted Cooley's back.
Malvo was convicted last week of capital murder, terrorism and weapons charges. (Full story)
Asked whether the approaching Christmas holiday had anything to do with the decision to spare Malvo's life, Cooley told reporters: "All of us believe that people are of good will and people want to be fair. And to the extent that Christmastime accentuates that, good."
Prosecutor Robert Horan suggested the holiday was a factor.
"Whatever you do, don't try one on Christmas week," Horan said. "I'm sure it played a part." (Reactions to the verdict)
Jurors favoring life were swayed by Cooley's closing arguments, the juror said. They argued for sparing Malvo's life, noting that he was 17 at the time of the murders and arguing that he would not have committed the crimes if he had not met convicted accomplice John Muhammad.
The jury unanimously found that Malvo's conduct was depraved and that he still presents a danger to society, the two criteria necessary before a jury can sentence someone to death. "I want these families to know that there was a core group of us that strongly fought for them," the juror said.
Another juror who favored a death sentence confirmed that the jury was split.
"In my heart, I wanted him to get the death penalty," the juror said. "If it were solely up to me he would have been sentenced to death."
'Extremely difficult journey for everyone'
Jurors publicly gave little hint about how they reached their decisions, only issuing a short joint statement that was read by foreman Jim Wolfcale.
"The past six weeks has been an extremely difficult journey for everyone," the statement said. "The prosecution and the defense both put on excellent cases. We also want to thank Judge (Jane Marum) Roush for her outstanding leadership during these proceedings.
"This case was both mentally challenging and emotionally exhausting. Deep thought and consideration has gone into our deliberations and the decisions that we reached. We, the jury, extend our heartfelt sympathy to the victim's family and friends."
A man who survived a sniper's bullet and the sister of one of those killed in the sniper attacks said they were disappointed in the verdict.
Victoria Buchanan Snider, the sister of sniper victim James Buchanan, said the jury probably made its decision "because of his age."
Malvo admitted taking part in the shootings, but his lawyers argued he was brainwashed by the much older Muhammad. (Full story)
Roush set formal sentencing for March 10. She cannot increase the penalty. Jurors also called for Malvo to be fined $100,000 on each of the two capital counts against him.
Malvo was convicted in the killing of Linda Franklin, an FBI analyst gunned down outside a Home Depot in Falls Church, Virginia, on October 14, 2002. Franklin was one of 10 people killed and three wounded in the sniper attacks that gripped the capital and its suburbs that month.
Paul LaRuffa, who was wounded in a Clinton, Maryland, shooting later linked to Malvo and Muhammad, said the verdict left him feeling "a bit disappointed in the system" -- particularly since jurors in nearby Virginia Beach called for Muhammad's death.
"I don't think what he did was in the least bit less than what Muhammad did," LaRuffa said.
Muhammad, 42, was found guilty last month and faces a February sentencing date after a jury decided he should be executed. (Full story)
Arif told reporters that criticism of the jury was "unwarranted" and that jurors made a difficult but "gutsy" decision.
The verdict delivered Tuesday came after two false starts in which jurors had failed to properly fill out verdict forms. Several of the investigators who built the case against Malvo left the courtroom without a word after the decision.
In closing arguments, Cooley called on the eight-woman, four-man jury to reject "the voices of vengeance and retribution."
But prosecutor Horan told jurors that Malvo failed to show "an ounce of remorse" for the killing spree.
"That's no dummy sitting there," he told jurors. "That's a bright, clever human being. He did what he did knowingly. It's easy to blame it on his mother. It's easy to blame it on his father. It's easy to blame it on John Muhammad."
According to defense attorney Arif, Leslie Malvo had a tearful meeting with his son on Monday evening. Lee Malvo put his cheek up to a glass partition, and his father kissed it, Arif said.
The meeting took place after Leslie Malvo took the stand to plead for his son's life. According to testimony at the trial, father and son had a loving relationship until Malvo's mother took the child at age 5 1/2. The two have only seen each other on rare occasions since then.
Following their visit Monday evening, Leslie Malvo left for a flight home to Jamaica, Arif told CNN.
Convicted snipers could stand trial in other states
Malvo and Muhammad could stand trial again. Prosecutors in Maryland and Louisiana have said they want to prosecute Muhammad, and Malvo could face a similar fate.
U.S. Attorney General John Ashcroft had cited Virginia's ability to impose the death penalty in sending Malvo and Muhammad to that state for prosecution.
Virginia is one of only 21 states that allow the execution of those who were 16 or 17 when they killed. Since the death penalty was reinstated in 1976, Virginia is one of only six states that have actually executed someone whose crime was committed as a juvenile.
CNN Correspondent Elaine Quijano and Producer Mike Ahlers contributed to this report. Top