VIRGINIA BEACH, Va. - Prosecutors rested their case against John Allen Muhammad yesterday with an unconventional argument: The fear and terror caused by last fall's sniper shootings demand the death penalty for Muhammad even though he might not have pulled the trigger in the attacks.
Lead prosecutor Paul B. Ebert all but admitted that the emotional and detailed testimony of the past three weeks has failed to prove Muhammad fired any of the shots that killed 10 people and injured three last October. But as soon as he made that admission, Ebert said it didn't matter anyway.
Ebert also specifically addressed the killing of civil engineer Dean H. Meyers at a gas station on Oct. 9, 2002 - the slaying at issue in this trial.
Ebert said "it's fair to say" that the shooting appeared to be the work of Malvo because a police officer saw Muhammad in his car a half-hour after the attack, indicating Malvo was in the trunk.
Prosecutors believe that some of the sniper shootings were carried out from the trunk of Muhammad's blue Chevrolet Caprice, with the muzzle of the rifle poking through a beveled hole cut above the license plate. Experts testified that they found gunshot residue in the trunk of the car.
The comments came in response to a defense motion to strike the charges because of a lack of evidence. Despite the testimony that a rifle found in Muhammad's car fired the bullets that killed 10 people, and despite a gun port cut into the trunk of the car, defense attorneys said not a bit of evidence shows Muhammad fired the weapon.
"The person who buys the car, cuts out the hole and provides the gun is not the direct participant," said defense lawyer Peter D. Greenspun, responding to prosecution claims that Muhammad ordered Malvo to kill. "There's no evidence during the October time frame of Mr. Muhammad giving Mr. Malvo any direction or order at all."
Judge LeRoy F. Millette Jr. said he would consider the motion to strike - a routine defense tactic in criminal trials - and announce his ruling tomorrow. Court is not in session today because of Veterans Day.
Prosecutors admitted from the beginning that they have no direct evidence - in the form of a confession or witness accounts - against Muhammad.
"There will be no eyewitness testimony to any of these shootings," prosecutor James A. Willett said in his opening statement. "That's how clever he is."
But prosecutors promised a mountain of circumstantial evidence, and they have methodically assembled bits of evidence from various scenes.
Muhammad's DNA was found on a pen barrel near one shooting. His fingerprints were at another scene. Witnesses occasionally saw him near shootings.
On their own, the bits might not amount to much. But by stringing the evidence together across the 16 shootings presented at the trial, prosecutors hope jurors will see a pattern and have little doubt about who committed the crimes.
Prosecutors made frequent use of their two most significant pieces of evidence - the Bushmaster rifle found in Muhammad's car and the car itself. Prosecutors waved the rifle before the jury box and asked witnesses to handle it. Jurors were taken to a garage to view the car for themselves last week.
"This car became a mechanism of death," Ebert said in court yesterday.
The car provided a bounty of evidence for prosecutors: a right-hand brown glove that appeared to be the mate of a left-hand glove found at the final sniper killing scene, a global positioning system unit, ear plugs, walkie-talkies, a laptop computer, a digital voice recorder and the rifle.
Authorities said the Bushmaster had one live round of ammunition in its chamber and Malvo's fingerprints on the grip. Ballistics tests showed that it fired the bullets that killed 10 people last fall "to the exclusion of all other weapons," according to ballistics experts.
The laptop computer in the car was identified as the one stolen from Paul LaRuffa after he was shot several times outside his restaurant in Clinton, Md. The computer contained a draft letter that demanded $5 million to put an end to the killings and maps that marked some of the shooting sites with skull-and-crossbones icons.