D.C. Sniper Malvo Could Appeal Court Ruling Denying New Sentence

Heather Curtis
WMAL.com

WASHINGTON (WMAL) – D.C. sniper Lee Boyd Malvo’s request for a new sentence was denied by a Montgomery County Circuit Court judge Tuesday. He was sentenced to six consecutive life sentences for six murders he committed in Montgomery County in 2002 along with John Allen Muhammad.

Montgomery County State’s Attorney John McCarthy said Malvo can appeal the ruling, but he doesn’t think he would be successful.

“The way Jude Greenberg wrote the opinion, really solidifies our position,” said McCarthy.

Judge Robert Greenberg said the sentence, imposed in 2006, was not illegal as Malvo’s lawyers claimed.

He also found it did not violate a 2012 Supreme Court case barring mandatory life sentences for minors because in Maryland life sentences for minors are discretionary, not mandatory. Even if that law did apply to this case, an appeal would likely fail, according to McCarthy. Judge Greenberg said the judge who imposed the original sentence considered Malvo’s mental, emotional and physical state.

This week decision does not affect Malvo’s appeals in federal court in Maryland or Virginia.

A federal judge ruled Malvo will be able to have new sentencing hearings in Virginia. Virginia prosecutors are appealing that decision.