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[KSweeley]

Link: http://www.baltimoresun.com/news/maryland/bs-md-malvo-court-case-20170615-story.html

Due to multiple Supreme Court rulings, Lee Boyd Malvo, one of the D.C. Snipers, might get a new sentencing hearing, one of his defense lawyers is arguing that he should be released from prison and prove that he can be rehabilitated:

June 15, 2017

An attorney for a man who pleaded guilty in a series of 2002 sniper attacks that terrified the Washington region asked a judge Thursday to grant him a new sentencing hearing.

Citing recent Supreme Court decisions against mandatory life without parole for juveniles, the attorney for Lee Boyd Malvo — who was 17 when he took part in the crimes — said his client should be given a chance to show he could be rehabilitated.

The shootings left 10 people dead and three wounded in Maryland, Virginia and Washington. Malvo was 17 when took part in the attacks with John Allen Muhammad, who was then 41. Muhammad was executed in Virginia in 2009.

Six of the victims were killed in Montgomery County, where Malvo pleaded guilty to six counts of first-degree murder in 2006.

In the years since, the Supreme Court has ruled that juveniles have constitutional protections against extraordinarily long sentences, and that mandatory life without parole is unconstitutional for children. Defense attorney James Johnston told Montgomery County Circuit Judge Robert A. Greenberg that in light of those rulings, Malvo must get a new sentencing hearing.

"The law did not exist in 2006 the way it does today," said Johnston, who leads the Youth Resentencing Project at the Maryland public defender's office.

Johnston said under the court decisions, all juveniles should have at least a chance of release, no matter how egregious their offense.

A federal judge in Virginia recently ruled that Malvo's life sentences in that state must be reconsidered because of the Supreme Court cases. The attorney general there is appealing the decision.

 

[Just_myles]

My memory is fuzzy on this but isn't this the kid who with his father shot a whole lot of people, even a child?

 

[j_k_redtail]

My memory is fuzzy on this but isn't this the kid who with his father shot a whole lot of people, even a child?

Not his father - a father figure, though.

 

[BronsonLee]

Bruh you a serial killer

nah

 

[ZOONAMI]

I'm ok with this

 

[Bookoo]

My memory is fuzzy on this but isn't this the kid who with his father shot a whole lot of people, even a child?

Not his father, but yes they shot people around VA/DC area from the trunk of their car.

Few years after I started working near the Sunoco gas station was where one of the victims was shot. To this day I still think about it every time I am pumping gas.

 

[LakeEarth]

I forget, did just one of them do the shooting, or did they take turns?

 

[TheRedSnifit]

Doesn't matter whether they give him a hearing or not. There's zero chance anybody will approve his release.

 

[The Argus]

Heh, no. Big difference between being forced into HS football or dance vs shooting innocent people pumping gas.

 

[D4Danger]

I'm ok with this

he's responsible for 17 murders

 

[Transistor]

I'm ok with this

Why, if you don't mind me asking?

 

[What did he mean by this?]

Do laws usually work retroactively? If so, of course he should get a new sentence

 

[Frozenprince]

A new sentencing hearing, sure.

They'll still give him life without parole, he killed 17 people and who he is NOW shouldn't be reflective of his state of mind THEN, in which he was an unrepentant serial killer.

 

[Erv]

Anybody remember how intense it was when this was happening? I remember watching the news everyday feeling like they could end up shooting in any state.

 

[Kettch]

Seems pretty clear cut that they'll have to give him the opportunity.

I don't know enough about the actual case or his behavior since to speculate whether parole would ever be a realistic option though.

 

[reckless]

He obviously needs a new hearing legally. No way in hell he should ever be granted parole though.

 

[Just_myles]

Not his father - a father figure, though.

he's responsible for 17 murders

Throw away the key.

 

[Frozenprince]

A new hearing would simply be a retelling of the events from years ago, I highly doubt they allow it to be a de facto parole hearing where he gets to showcase how he's trying to rehabilitate himself.

I'm all for second chances and rehabilitation but he killed 17 people, he should never be free.

 

[Kettch]

A new hearing would simply be a retelling of the events from years ago, I highly doubt they allow it to be a de facto parole hearing where he gets to showcase how he's trying to rehabilitate himself.

I'm all for second chances and rehabilitation but he killed 17 people, he should never be free.

I don't think it would be a parole hearing.

It would just be a re-sentencing where he's giving life with the opportunity of parole instead of the life with no option for parole that he has now.

 

[CarpeDeezNutz]

Anybody remember how intense it was when this was happening? I remember watching the news everyday feeling like they could end up shooting in any state.

I do, they were just killing people at random, I did not live around the area and I felt uneasy.

 

[FunkyMunkey]

17 when it happened and the number of people he killed = nope

 

[UnemployedVillain]

I lived in the area at the time and it was terrifying. We had random school lockdowns anytime a white can was nearby and drills

 

[TAJ]

I forget, did just one of them do the shooting, or did they take turns?

I was able to find the name of one person that he actually killed.
He injured several others.

 

[Clockwork5]

Why, if you don't mind me asking?

Well, he was a minor and the Supreme Court has ruled that his sentence is unconstitutional.

I'm not the person you replied to but that is the main reason I'm not against a new sentencing hearing.

 

[Epsilon-delta]

The kid took turns putting crosshairs over people's faces and pulling the trigger while they were pumping gas.

Throw away the key.

 

[rjc571]

Why is everyone saying he killed 17 people when the article clearly states that he killed 10? Am I missing something or did the entire forum forget how to read?

 

[Valkerionseven]

Nah, bruh. You were 17, you knew exactly what was happening and you know it.

Keep this guy locked up.

 

[Ri'Orius]

Give him a chance to prove he's changed. Life without parole for actions taken while legally a child is just one more example of America's ridiculous attitude towards crime.

Sentencing should be about rehabilitation. Set the bar high, of course, but I believe people are malleable. The wrong influence can lead nearly anyone to heinous acts.

 

[CarpeDeezNutz]

Why is everyone saying he killed 17 people when the article clearly states that he killed 10? Am I missing something or did the entire forum forget how to read?

There were killings from other states.

 

[Pandaman]

Why is everyone saying he killed 17 people when the article clearly states that he killed 10? Am I missing something or did the entire forum forget how to read?

reading OP's is one of those optional life skills.
edit: ah, 10 in the actual sniper attacks, 7 other earlier shootings apparently.

 

[LycanXIII]

Reading his testimony about their multi-part plans, keep him locked up.

Part of his testimony concerned Muhammad's complete multiphase plan. His plan consisted of three phases in the Washington, D.C. and Baltimore metro areas. Phase one consisted of meticulously planning, mapping, and practicing their locations around the D.C. area. This way after each shooting, they would be able to quickly leave the area on a predetermined path, and move on to the next location. Muhammad's goal in Phase One was to kill six white people a day for 30 days. Malvo went on to describe how Phase One did not go as planned due to heavy traffic and the lack of a clear shot or getaway at locations.

Phase Two was meant to take place in Baltimore, Maryland. Malvo described how this phase was close to being implemented, but was not carried out. Phase Two was intended to begin by killing a pregnant woman by shooting her in the stomach. The next step would have been to shoot and kill a Baltimore police officer. Then, at the officer's funeral, they planned to create several improvised explosive devices complete with shrapnel. These explosives were intended to kill a large number of police, since many police would attend another officer's funeral.

The last phase was to take place during or shortly after Phase Two, which was to extort several million dollars from the United States government. This money would be used to finance a larger plan, to travel north to Canada. Along the way, they would stop in YMCAs and orphanages recruiting other impressionable young boys with no parents or guidance. Muhammad thought he could act as their father figure as he did with Malvo.

Once he recruited a large number of young boys and made his way up to Canada, he would begin their training. Malvo described how John Muhammad intended to train boys in weapons and stealth as he had been taught. Finally, after their training was complete, John Allen Muhammad would send them out across the United States to carry out mass shootings in many other cities, just as he had done in Washington and Baltimore. These attacks would be coordinated and be intended to send the country into chaos that had already been built up after 9/11.

https://en.wikipedia.org/wiki/D.C._sniper_attacks#Malvo_testimony

 

[WaffleTaco]

He was 17, and this was 15 years ago. He needs a complete psychological evaluation before release along with other checks and balances. We gain nothing by having a citizen locked away for life when he was an immature juvenile. If not released today he will be locked away for possibly another 50 years. A death sentence that is more cruel than simply executing home at gunpoint. Time is precious and people can change. If we can rehabilitate this young man, we may be able to rehabilitate others as well.

Never mind the fact that even if he was released, he would still be a second-class citizen and having a hard time making a life for himself...it's still better than locking up someone who can do nothing for our society, except as a reminder that we as humans can be incredibly harmful, and there is always someone worse than us.

 

[LastGamer84]

Tell you what kid, I'll give you the same chance you and your "father" figure gave your victims.

We're going to release you in an open field near a wooded area. If you can run across that field, you are a free man.

Except a Marine sniper and his spotter will be concealed in the brush and will be doing their level best to shoot you dead.

Cruel and unusual? Maybe, but I'm big on irony.

Keep him locked up. He isn't sorry for what he did and is just using a legal precedent to try and weasel out of his punishment.

 

[mhayes86]

Anybody remember how intense it was when this was happening? I remember watching the news everyday feeling like they could end up shooting in any state.

It was pretty crazy in my area of Maryland. I was in high school, and we were required to stay indoors at all times during the school day. Even before the doors opened in the morning and everyone stood outside after getting off of the buses, we were immediately moved into the school. We were also warned to be wary of the suspected vehicle make/model at the time.

 

[HammerOfThor]

18 is an adult and 17 is not, truthfully, theres not that much of a different between a year at that age, and at 17 he knew damn well what he was doing.

 

[Diablos]

No thanks. I am all for giving people second chances under the right conditions but what he did is completely irredeemable. He belongs in prison until he's dead.

 

[Poltergust]

Laws are normally not applied retroactively like that, right?

 

[OG Shaka Zulu]

I'm all for making prison as humane and productive as possible and keeping him away from society.

 

[reckless]

He was 17, and this was 15 years ago. He needs a complete psychological evaluation before release along with other checks and balances. We gain nothing by having a citizen locked away for life when he was an immature juvenile. If not released today he will be locked away for possibly another 50 years. A death sentence that is more cruel than simply executing home at gunpoint. Time is precious and people can change. If we can rehabilitate this young man, we may be able to rehabilitate others as well.

Never mind the fact that even if he was released, he would still be a second-class citizen and having a hard time making a life for himself...it's still better than locking up someone who can do nothing for our society, except as a reminder that we as humans can be incredibly harmful, and there is always someone worse than us.

Oh no the poor serial killer and terrorist would get treated badly... How horrible.

Him being in jail has the useful purpose of normal, innocent people not having to worry about being attacked and killed by a monster.

 

[Grimm Fandango]

When you kill that many people, you get no second chance. So many families affected by it.

 

[Kettch]

Laws are normally not applied retroactively like that, right?

It's not really retroactive. The Supreme Court found that life without parole for juveniles is unconstitutional. It wasn't the constitution or a law that changed, it's still the same.

 

[UpDownLeftRight]

Reading his testimony about their multi-part plans, keep him locked up.



https://en.wikipedia.org/wiki/D.C._sniper_attacks#Malvo_testimony

Wow, fuck throw away the key. You can't be redeemed when you plan to kill 180 people, a pregnant woman, multiple police and then go on a recruiting campaign across the country to grow more to do the same. If that was ever a tangible thought to him he's too dangerous to risk.

 

[Einchy]

I'm all for making prison as humane and productive as possible and keeping him away from society.

Yup, our prison system is fucked up and needs a lot of changes, but I would say letting out someone that killed 17 people when he was 17 years old would be a massive mistake.

 

[WaffleTaco]

Oh no the poor serial killer and terrorist would get treated badly... How horrible.

Him being in jail has the useful purpose of normal, innocent people not having to worry about being attacked and killed by a monster.

That's the thing though...everyone who goes to prison and gets released is a second-class citizen, no matter if you kill people like that person, or get caught with drugs.

And also I stated he should only be released after a clear psychological examination, along with checks and balances along the way to make sure that he actually is rehabilitated.

No matter how many people say a seventeen year old is an adult, it doesn't make it true. Everyone matures on their own time.

 

[OriginofHysteria]

No way, fuck this guy. You take part in the murders of 17 people, you deserve to stay in jail.

 

[Frozenprince]

It's not really retroactive. The Supreme Court found that life without parole for juveniles is unconstitutional. It wasn't the constitution or a law that changed, it's still the same.

They didn't find life without parole unconstitutional for juveniles.

They found mandatory life without parole to be such, a judge can still rule for it, it just doesn't carry as a mandatory sentencing stipulation for a specific murder charge like it would with an adult. Some charges carry mandatory sentencing (see all drug charges) this just removes that stipulation. A judge will likely, and should, rule that life without parole still applies, or simply make the sentences to be served consecutively.

That's the thing though...everyone who goes to prison and gets released is a second-class citizen, no matter if you kill people like that person, or get caught with drugs.

And also I stated he should only be released after a clear psychological examination, along with checks and balances along the way to make sure that he actually is rehabilitated.

No matter how many people say a seventeen year old is an adult, it doesn't make it true. Everyone matures on their own time.

Then he should remain incarcerated because he was an active and willing participant in all stages of planning and execution of their crimes.

 

[hollomat]

Give him a chance to prove he's changed. Life without parole for actions taken while legally a child is just one more example of America's ridiculous attitude towards crime.

Sentencing should be about rehabilitation. Set the bar high, of course, but I believe people are malleable. The wrong influence can lead nearly anyone to heinous acts.

When do all the people he killed get a chance at rehabilitation?

 

[Rvaan]

He's never seeing the light of day again unless the sentencing judge decides to run every conviction concurrently.

 

[Kettch]

They didn't find life without parole unconstitutional for juveniles.

They found mandatory life without parole to be such, a judge can still rule for it, it just doesn't carry as a mandatory sentencing stipulation for a specific murder charge like it would with an adult.

Thanks for the correction.

It still wouldn't be any kind of retroactive change, like passing a law that says 17 year olds can't be given a mandatory life sentence though.

 

[reckless]

That's the thing though...everyone who goes to prison and gets released is a second-class citizen, no matter if you kill people like that person, or get caught with drugs.

And also I stated he should only be released after a clear psychological examination, along with checks and balances along the way to make sure that he actually is rehabilitated.

No matter how many people say a seventeen year old is an adult, it doesn't make it true. Everyone matures on their own time.

Yeah but hopefully he'll never have to run into that problem since he will be in jail for the rest of his life.

Except you can never be sure, and with a risk of this magnitude we shouldn't take that chance.

17 is old enough to know murdering 17 people is fucking terrible. And he had plans to try and murder a hell of alot more.