Commonwealth v. Malvo 2003:

1. Commonwealth v. Malvo (2003): For the Murder of Linda Franklin Presented by Darron E. Mason Tuesday, December 6, 2005

2. Lee Boyd Malvo Born February 18, 1985 in Kingston, Jamaica Immigrated to Antigua in 1998 with his mother, where they met John Allen Muhammad in 1999 In 2002, Malvo and Muhammad traveled to, and lived together in, Bellingham, WA In WA, Malvo enrolled in school and listed Muhammad as his father

3. John Allen Muhammad Born December 31, 1960 in Baton Rouge, LA Extensive military training;served in Operation Desert Storm Received badge for his excellence in marksmanship Divorced twice with issues of both marriages; unsuccessful attempts at gaining custody

4. A Shooting Rampage On October 2, 2002, five people in Montgomery County, MD were fatally shot in 15 hours’ time By the end of October 11th: Five others had been shot: three died and two survived(13-year-old Iran Brown and 43-year-old Caroline Seawell) Shootings had occurred in MD, DC, and VA The largest law enforcement task force in the history of the U.S. had been assembled to respond to the shootings

6. Linda Franklin 47-year-old mother of two and FBI intelligence analyst Resided in Arlington County, VA with her husband On Tuesday, October 14, 2002 at approximately 9:15 p.m., became the 11th victim of the rash of shootings around the Washington, DC area; the 9th fatality Shot once in the upper left portion of her forehead while loading a bookshelf into the trunk of her car with her husband Shooting took place outside of the Home Depot in Falls Church, Virginia’s Seven Corners Shopping Center Linda Franklin was killed by 17-year-old Lee Boyd Malvo

7. The Murder Scene

8. The Snipers’ Vehicle & Weapon

9. Gruesome Details Franklin’s husband, William Franklin, told the court during trial that he was standing next to his wife when she was shot. He said he first heard the gunfire, then felt a warm spray on his face, later realizing it was his wife’s blood.

10. Impact on the CJS Two Major Impacts First time in law enforcement history, dealing with the methodology utilized to commit the murders Largest joint task force in United States history Over 4,000 officers FBI, ATF, DoD, Secret Service, U.S. Marshals, and 10 police departments represented(Moose, 130-131)

11. The Crime of Capital Murder In the Commonwealth of Virginia, pursuant to Va. Code § 18.2-31, capital murder is defined as “[t]he willful, deliberate, and premeditated killing” of a person under one of 13 aggravating circumstances. At 2004’s end, there were 3,374 prisoners on death row nationwide (BJS); 98.6% were males Great disparity between black offenders and offenders of other races/ethnicity; Blacks: 1: ?25,490 vs. Whites: 1: ?118,376(death row : population) Commonwealth’s Attorneys have high rates of capital punishment indictments but low rate of seeking the death penalty Rates vary across jurisdictions (sub/urban, rural)

12. Charged, Tried, & Convicted Malvo was charged with two counts of capital murder More than one murder in a three-year period (Va. Code § 18.2-31(8)) “[A]n act of violence … committed with the intent to (i) intimidate the civilian population at large; or (ii) influence the conduct or activities of the government of the United States, a state or locality through intimidation.”(Va. Code § 18.2-31(13)) Malvo was charged with one count of using a firearm during the commission of a felony (Va. Code § 18.2-53.1) Malvo was tried and convicted on all charges No death penalty in light of Roper v. Simmons (2005)

13. Was Justice Served? Justice, as defined by Black’s Law Dictionary, is “[t]he fair and proper administration of laws.” Black’s Law Dictionary 881 (Bryan A. Garner ed., 8th ed., West 2004)

14. Questions? E-mail Darron Mason at dmason2@gmu.edu