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  jail is preventing accused sniper from having access to evidence he needs to defend himself! Original Article


Single Trial to Cover 6 Md. Sniper Slayings

By Ernesto Londoo
Washington Post Staff Writer
Tuesday, March 7, 2006; Page B05

Sniper John Allen Muhammad told a judge yesterday that he has been denied thermal underwear while in jail and access to evidence that prosecutors intend to use to convince a jury that he killed six people in Maryland during October 2002.

"I'm not asking for anything special from any other inmate at all," Muhammad told Montgomery County Circuit Court Judge James L. Ryan during the hearing in Rockville. "All I'm asking is: Allow me to have access to the discovery and exculpatory evidence so I can review it and go over it."

The grievances were unexpected addendums in a hearing set to tackle a handful of procedural issues for Muhammad's first-degree murder trial, which is scheduled to start May 1.

Muhammad -- the alleged mastermind of a series of random homicides in the Washington area committed with a high-power rifle -- appeared in a green jumpsuit, his feet and hands shackled.

Ryan ruled that prosecutors can try Muhammad in the six slayings in a single trial, rejecting the defense's motion to sever them into three trials.

The judge sided again with the state in allowing prosecutors to use evidence of other crimes Muhammad is accused of to demonstrate that the six Maryland homicides were part of a broader scheme.

Muhammad, 45, has been sentenced to death in Virginia. Maryland prosecutors say trying him again will give relatives of victims killed in Maryland their day in court. They also say a conviction in Maryland would guarantee his continued incarceration if the Virginia conviction were to be overturned. His alleged accomplice in the Maryland slayings, Lee Boyd Malvo, 20, is expected to be tried in October. He, too, was convicted of first-degree murder in Virginia.

As one of his attorneys began to argue for splitting the slayings into multiple trials, Muhammad interrupted him.

"Your honor, I objected to that motion being put in before this date, and I ask for that motion not to be put in," Muhammad said.

His attorney, deputy Montgomery public defender Brian Shefferman, acknowledged his client's objection but proceeded with his argument.

"I disagree with it 100 percent," Muhammad insisted.

Ryan asked Robert L. Green, warden of the Montgomery County Correctional Facility, to respond to Muhammad's complaint about lack of access to his legal documents.

Green said Muhammad has seven boxes with evidentiary material at his disposal but is permitted to access only material that fits into one box at any given time. He has had uninterrupted and reasonable access to evidentiary material since his arrival at the county jail in August, Green said.

"We work hard to fulfill all prisoner needs, whether it be a high-visibility case or an unknown individual in jail for a minor crime," said Arthur Wallenstein, director of the county's Department of Correction and Rehabilitation.



John Allen Muhammad has been sentenced to death in Virginia and faces trial in Maryland on May 1. (By Rod A. Lamkey Jr. -- Associated Press)

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Muhammad's other complaint appeared to take the judge by surprise.

"And also, being able to wear underwear in your courtroom, to stay warm, I would appreciate that," Muhammad said.

"Mr. Muhammad, I don't know what you want me to do," Ryan said. "What do you want to wear?"

"Your honor, these people have long johns on themselves, and they complain about how cold it is," he said, apparently referring to the sheriff's deputies around him.

A deputy standing next to Muhammad said the defendant has been offered underwear but has chosen not to wear any.

"Your honor, that's negative," Muhammad said. "He specifically told me I could not wear any long johns in this courtroom."

Wallenstein said that all male inmates receive regular briefs and that the jail is well-heated.

http://www.chron.com/disp/story.mpl/ap/nation/3704861.html

March 6, 2006, 4:47PM
D.C.-Area Sniper Suspect Lists Complaints


By STEPHEN MANNING Associated Press Writer
2006 The Associated Press

ROCKVILLE, Md. John Allen Muhammad, already sentenced to death for sniper killings in Virginia, appeared in a Maryland court Monday complaining that jailers have restricted his access to documents he needs for his trial on six sniper shootings.

Muhammad also claimed he had been denied long underwear to keep warm in court: "I'm very sensitive to cold," he said.

Along with accomplice Lee Boyd Malvo, Muhammad is accused of 10 killings and wounding three in Maryland, Virginia, Alabama, Louisiana and the District of Columbia. Most of the attacks occurred in a three-week period in October 2002.

Prosecutors claim the pair tried to extort $10 million from local governments during their spree.

Muhammad is scheduled to stand trial in Montgomery County on May 1. On Monday, Circuit Judge John Ryan rejected a request by Muhammad's attorneys to hold separate trials for some of the six killings in Montgomery County.

When the motion was presented in court, Muhammad cut off his court-appointed lawyer, saying he never agreed to filing the motion.

"I ask for that motion not to be put in," he said. "I disagree with it 100 percent, your honor."

Throughout his legal process that began with his 2003 murder trial, conviction and death sentence in Virginia, Muhammad has actively inserted himself into his defense. Before his first trial, he briefly dismissed his lawyers and handled his own case, making an opening statement and questioning some witnesses. He eventually allowed his lawyers to return.

According to corrections officials, Muhammad brought seven boxes of legal documents from Virginia. He worked out an agreement with his jailers that gives him access to the material, but he complained Monday that prison officials allow him only limited records at any one time.

"I asked for access to all the material," he said. "All of the quote-unquote crimes that I committed occurred together."

The judge agreed with jail officials that Muhammad has adequate access to his records.

Malvo was also convicted in Virginia and sentenced to life in prison. He is scheduled for trial in Montgomery County in the fall for the same six killings. Malvo is not eligible for a death sentence because he was 17 when the killings occurred.