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Charges dismissed in virginia sniper killing { October 2 2004 } Original Source Link: (May no longer be active)    http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/10/02/MNGKC92M6V1.DTL http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/10/02/MNGKC92M6V1.DTL Charges dismissed in one sniper killing - Thomas Crampton, New York Times Saturday, October 2, 2004 Washington -- Citing the right to a speedy trial, a judge in Fairfax, Va., dismissed all charges Friday against John Allen Muhammad, convicted in the Washington-area sniper killings, in the shooting death of an FBI analyst. A different Virginia court sentenced Muhammad to die after his conviction last year on two counts of capital murder. He faces further trials in Virginia and possibly several other states in relation to shootings. He was convicted last year in the murder of Dean Meyers, a 53-year-old engineer shot while pumping gas in Manassas, Va. He is appealing that case. On Friday, Judge M. Langhorne Keith of Fairfax County Circuit Court dismissed charges against him in the killing of Linda Franklin, an FBI analyst shot outside a Home Depot in Falls Church, Va. Muhammad's accomplice, 19-year- old Lee Boyd Malvo, was convicted last year in the Franklin killing and sentenced to life in prison. "The defendant's statutory right to a speedy trial was violated," Keith wrote, citing Virginia law, which requires a trial within five months of a person's arrest unless the defendant waives the right. The prosecutor in the case said he had filed a motion to reconsider, based on a dispute over when the actual arrest took place. Prosecutors said Muhammad had not been formally arrested until May 27, 2003, on a warrant issued after he was taken into custody following the sniper spree. The defense insisted the speedy-trial countdown began no later than Jan. 6, 2003, the day police faxed copies of the indictment to the jail where Muhammad was being held. Keith ruled the January fax "constitutes an arrest for speedy trial purposes even if no formal arrest has been made." That means Muhammad's original trial date of Oct. 4, 2003, was well outside the five-month window. Ron Bacigal, a professor of law at the University of Richmond, said the state had lost a fallback conviction if the first ones did not hold up under appeal. "I just cannot see Muhammad walking free, but his basis for appeal is legitimate and not frivolous," Bacigal said. The Associated Press contributed to this report.

conspiracy pinning-malvo 24 muhammad reuters [jpg] Alabama crime Atf probe gun sale Camp ground zero Charged lousiana { November 1 2002 } Charges dismissed in virginia sniper killing { October 2 2004 } Crazy desert storm { November 8 2002 } Escape attempt Ex gi and teen Grounds for reversing terrorism rule Gunfire near tacoma Insisted not involved { October 22 2003 } John allen [jpg] Jury recommends death for muhammad { November 24 2003 } Liked to mingle Link in alabama Mother tried 4son { October 25 2002 } Muhammad defends self { October 21 2003 } Muhammad pleads not guilt { October 15 2003 } No sniper evidence Rifle from tacoma Rifle matches Same national guard unit moose { October 28 2002 } Sentenced to death despite no evidence { March 10 2004 } Sniper farrakhan member Sniper framed for 911 conspiracy knowledge he says { April 29 2006 } Sniper gets terrorist trial { November 9 2002 } Sniper md gives va { November 8 2002 } Tacoma shop 340 guns Terrorism vaguely defined Tied more deaths Train fort lewis Two arrested Two in custody { October 24 2002 } Two men arrested Files Listed: 35

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