The resentencing hearing for convicted sniper Lee Boyd Malvo has been indefinitely postponed by a Maryland judge after Virginia declined a request to allow him to temporarily leave prison to attend the court session in Maryland. Malvo, along with his partner John Allen Muhammad, committed a series of shootings in 2002 that resulted in the deaths of 10 people and injuries to three others in the Washington, D.C., area. The duo also targeted and killed several other victims as they traveled from Washington state to the nation’s capital.
Lee Boyd Malvo was 17 years old when the shootings occurred and was sentenced to life in prison without the possibility of parole in Virginia. His partner, John Allen Muhammad, who was older and believed to have influenced Malvo to participate in the shootings, was executed in Virginia in 2009. Changes in laws and Supreme Court rulings have restricted the ability to sentence minors to life in prison without parole in Maryland and Virginia. In 2022, Maryland’s highest court ruled that Malvo is entitled to a new sentencing hearing.
The hearing was initially set to take place in December in Montgomery County, Maryland. Malvo insisted on attending the hearing in person, stating that it was his right to do so. However, Virginia refused to transfer him for the court session. Prosecutors made efforts to have Malvo transferred for the hearing but were unsuccessful in their attempts. Virginia Governor Glenn Youngkin’s spokesperson emphasized that due to Malvo’s violent criminal history, Youngkin believes Malvo should complete his sentence in Virginia before being transferred to Maryland for resentencing.
In light of Malvo’s unavailability to attend the hearing in person, prosecutors suggested that he could participate virtually or wait until he completes his sentence in Virginia. Judge Sharon Burrell sided with prosecutors, noting that since Malvo insists on attending the hearing in person and Virginia refuses to release him, the resentencing has been postponed indefinitely until he finishes serving his time in Virginia. Malvo, who is 39 years old now, participated in Wednesday’s hearing virtually from prison, dressed in a yellow prison uniform.
After the hearing, Malvo’s court-appointed lawyer indicated that they plan to explore any available appeal options. Concerns were raised during the proceedings about potential due process issues if the sentencing hearing is significantly delayed, which could lead to the dismissal of the charges against Malvo in Maryland. Montgomery County State’s Attorney John McCarthy mentioned that it is premature to determine the kind of prison term he would seek for Malvo in Maryland but stated that any sentence imposed should be in addition to the time served in Virginia, without granting Malvo credit for time already served.