If the alleged Psycho Snipers are heading for the justice many feel they deserve – the death sentence – they ought to be tried in Virginia rather than Maryland, experts say.
This is because Maryland Gov. Parris Glendening in May imposed a moratorium on death sentences pending a study on whether capital punishment in his state is racially biased.
Until then, the strongest penalty in Maryland is life imprisonment.
The minimum age for death in Maryland is 18 – so 17-year-old John Malvo’s life would be spared if he’s tried there.
But Malvo would have no such luck in Virginia, where the minimum death-penalty age is 16.
Montgomery County, Md., where seven of the 11 victims died, would likely have initial jurisdiction, said Georgetown University law professor Peter Tague.
“Montgomery County could decide to accede to Virginia if officials feel the appropriate sanction is to seek the death penalty,” Tague said.
“But given the horrific effect on the populace in Maryland, they might decide to proceed even if they didn’t believe that would be imposed. Then they could extradite them to Virginia. It’s an interesting political decision.”
Virginia has executed 86 prisoners since 1976 – more than any state except Texas. A Virginia defendant can be sentenced to death if convicted of more than one murder in a three-year period.
Only three Maryland prisoners have been executed since 1976.
Death in both states is by lethal injection – but in Virginia, convicts can request the electric chair.