VIRGINIA BEACH, Va., 21 October 2003 — The trial of sniper suspect John Allen Muhammad began yesterday, nearly an hour later than scheduled, with a bench conference involving the judge, Muhammad and defense and prosecuting attorneys.
The reasons for the delay and bench conference weren’t immediately clear. Opening statements in the case were scheduled to begin yesterday.
Prosecutors have not spelled out the order of their witnesses or evidence, but the other sniper suspect, 18-year-old Lee Boyd Malvo, was expected to appear. He was flown to the jail in Virginia Beach on Sunday from northern Virginia, where he has been jailed, and has orders to appear in court, said Paula Miller, a spokeswoman for the Virginia Beach Sheriff’s Office.
Prosecutors would not say why Malvo was summoned. He refused to testify at a recent hearing and instead invoked his Fifth Amendment right against self-incrimination. Even if he doesn’t speak, though, his appearance could allow witnesses to testify that they recognize Malvo and saw him with Muhammad.
Muhammad, 42, is on trial in the slaying of Dean Harold Meyers, the seventh victim of a three-week shooting spree that left 10 people dead in Virginia, Maryland and Washington, D.C. Malvo and Muhammad were arrested together, sleeping in a car at a highway rest stop in Maryland.
Malvo is scheduled to go on trial next month in another of the killings. Both men could face the death penalty.
The jury that will hear the case against Muhammad, 42, includes many people with ties to the military. Experts said they expect it to favor the prosecution.
“In general, Virginia juries are going to be prosecution juries,” except in more urban areas, said Donald H. Smith, an Old Dominion University sociology professor who studies jury behavior.
The trial was moved to Virginia Beach after defense lawyers argued that every northern Virginia resident could be considered a victim because of the fear the shootings inspired. The panel of 12 jurors, plus three alternates, was chosen Friday.
