Show The Herajd Journal Logan Utah Friday April 25 2003 — A5 Judge rules on death penalty in sniper case APphoto John Alien Muhammad is escorted to a pretrial hearing at the Prince William County Judicial Center Manassas Va on Thursday Prince William County Circuit Judge LeRoy F Millette Jr oiled Thursday that prosecutors will not necessarily have to prove that sniper suspect John Allen Muhammad fired the shot that killed a Maryland man for Muhammad to get the death penalty under a key Virginia law Poll MANASSAS Va (AP) —A judge ruled Thursday that prosecutors will not necessarily have to prove that sniper suspect John Allen Muhammad fired the shot that killed a Maryland man for Muhammad to get the death penalty under a key Virginia law Prince William County Circuit Judge LeRoy F Millette Jr also ruled that prosecutors do riot have to disclose to defense attorneys their theory about whether Muhammad or fellow sniper suspect Lee Boyd Malvo fired the shot Muhammad is charged with capital rinuder under two different statutes One is a new state antiterrorism law that requires no proof of who pulled the trigger But the law has never been used and is subject to a constitutional challenge ' The other statute allows for the death penalty in cases of multiple murders Typically only the trigger-man has been eligible for the death penalty under this statute On Thursday though Circuit Judge LeRoy F Millptte Jr agreed with prosecutors who argued that the triggerman issue is irrelevant Citing the wording in the law itself he agreed that prosecutors will have to demonstrate only that Muhammad was “a principal in the first degree” to the crime to be eligible for the death penalty “I agree with (prosecutor James) Willett I think the term triggerman is used inadvisably” Millette said Defense attorneys disputed that interpretation and immediately filed a motion challenging Muhammad’s indictment under that statute Unless someone is the triggerman he should be indicted for murder in the first degree and not capital murder defense lawyer Jonathan Shapiro argued to the judge Shapiro also told the judge that ‘‘all the indications are” that Malvo pulled the trigger He declined to elaborate after the hearing and Willett also declined to comment Prosecutors in Prince William County where Muhammad is being tried have not said if they have evi- dcnce implicating Muhammad as the triggerman in the Oct 9 death of Dean Harold Meyers at a Manassas gas station In the past though prosecutors have said that only Malvo’s fingerprints were found on the Bush-mastrifle that was used during the three-wee- k sniper spree in the Washington DC and Richmond areas In all Muhammad 42 and Malvo 18 have been linked to 20 shootings including 13 deaths in Virginia Maryland Alabama Georgia Louisiana and Washington DC Prosecutors have said the shootings that happened during a three-wee- k spree in October were part of a scheme to extort $10 million from the government Also Thursday defense lawyers were rebuffed in their efforts to launch an investigation irito the source of leaks about the case to The Washington Prist Millette also sided with the Post in quashing subpoenas to police and four reporters who have broken stories in the investigation A recent story in the Post cited anonymous sources who provided details of Maivo’s gloating demeanor when he confessed to some of the shootings Defense lawyers have said the leaks arc an effort to taint the jury pool and that Malvo’s confession should be tossed out of court er reveals New Yorkers favor Bush over Dems ALBANY NY(AP) — Heavily Democratic New York is showing growing support for President Bush over all potential Democratic challengers including the state’s own Sen Hillary Rodham Clinton a poll showed Bush's approval rating among New Yorkers rose to 58 percent from 50 percent in February before the war in Iraq according to the Quin-nipiUniversity Polling Institute poll released Thursday About 91 percent of Republicans polled approved of Bush along with 38 percent of the Democrats “That a president fresh off a wartime win would poll higher than most wannabes isn’t ac Thursday Friday Saturday 9:30-8:0- 0 surprising" institute director Maurice Carroll said “What will surprise many is that President Bush does so well against Senator Clinton” In the 2000 presidential race Bush didri’t campaign in New York and Democrat A1 Gore swept to victory A Republican hasn’t won a presidential election in New York since Ronald Reagan in 1984 Thirty-on- e percent of the poll respondents said they were more likely to vote for Bush in 2004 as a result of the Iraq war Twenty-eigpercent said they were less likely to vote for him arid 38 percent said their position hasn't changed because of the war The April 15-2- 1 poll surveyed 885 registered voters in New York state and had a sampling margin of error of plus or minus 33 percentage : points ht Princess Cut Diamond Earrings let & Loose Pear Reg$3045 RegSU 65 Sale Sale 1499 ' 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