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Sniper ordered to Maryland for trial

Judge: Move won't harm Virginia appeal

John Allen Muhammad appears in a March 2004 photo from his sentencing.

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SUSSEX, Virginia (AP) -- A judge on Friday ordered sniper John Allen Muhammad moved from Virginia's death row to Maryland for a second trial involving the 2002 Washington-area shooting spree.

Muhammad, 44, had fought extradition but appeared to be in good spirits after the judge's ruling, grinning and laughing with his attorney. Seven armed guards ringed the courtroom and others blanketed the courthouse.

Sussex County Circuit Judge W. Allan Sharrett did not set an extradition date. Ray Kight, sheriff of Montgomery County, Maryland, said his office is prepared to move Muhammad as soon as possible.

"If they say he is to be released to Maryland, the minute that happens, we're on our way," Kight said.

Muhammad faces trial for the slayings of six people in Maryland. He is on death row for his conviction in one of the Virginia killings. Ten people were killed and three others wounded in the Washington-area shootings.

Lee Boyd Malvo, 20, who was transferred to Maryland in May, is serving a life sentence for one of the killings in Virginia.

Maryland has agreed to transfer the men back to Virginia after their trials. If convicted, Muhammad could get the death penalty while Malvo, who was 17 at the time of the shootings, could receive six consecutive life sentences.

During Friday's hearing, Muhammad's attorney, Peter Greenspun, argued that extraditing his client would make it difficult for him to appeal the Virginia conviction .The judge dismissed Greenspun's arguments.

Montgomery County State's Attorney Douglas Gansler has said his office has an obligation to try the two men for the shootings even though they have been convicted in Virginia.

Louisiana and Alabama also plan to try Malvo and Muhammad for shootings in those states before the Washington spree.