GREENBELT -- Attorneys for shootings spree suspect John Allen Muhammad said today that the federal government is trying to pin a "crackpot" extortion scheme on Muhammad to keep the case in federal courts.
After a hearing in U.S. District Court where Muhammad was denied bond, public defender James Wyda said federal prosecutors were trying to stretch federal law to try Muhammad on charges that could carry a death sentence.
"This is no longer a murder case; this is an extortion case," Wyda said. "They can't prove extortion. They can't meet their burden of proof in making this a federal case."
Chief Magistrate Judge Jillyn K. Schulze ordered Muhammad, 41, held until his trial, saying there was enough evidence to suggest he is a flight risk and would pose a danger to the community if he were released.
"There's probable cause to believe the defendant participated in a series of multiple murders," she said.
Federal prosecutors filed a 20-count complaint against Muhammad last week, accusing him of firearms charges, extorting money and blocking interstate commerce.
He could be executed if he is convicted.
Muhammad and John Lee Malvo, 17, also face state charges in Virginia, Maryland, Louisiana and Alabama for a string of shootings over several months.
Malvo was ordered held without bond Monday during a closed door hearing in Baltimore. Muhammad has a preliminary hearing scheduled for Friday, the deadline for the U.S.
Attorney's office to secure an indictment against him.
Throughout the half hour hearing, Muhammad sat stiffly in his burgundy prison jumpsuit, paying rapt attention to Schulze. He did not speak.
Prosecutors claim the pair traveled in a modified Chevrolet Caprice that allowed a shooter to fire from a hole drilled in the car's trunk. They were arrested Oct. 24 while they slept in the Caprice at a Western Maryland highway rest stop.
Assistant U.S. Attorney James Trusty said Muhammad was lying on top of the Bushmaster rifle linked to 10 of the shootings when he and Malvo were arrested.
Muhammad has used multiple fake identities in the past, including after he was arrested earlier in Antigua, Trusty said without elaborating. Police found several fake driver's licenses with Muhammad's picture when he was arrested.
Pointing to the altered Caprice and rifle, Trusty argued Muhammad would be dangerous and could flee if released.
"There are numerous acts of violence that are specifically linked to Mr. Muhammad and a co-conspirator," he said.
But Wyda said the government has provided little evidence other than items recovered from the Caprice, evidence he said doesn't concretely link Muhammad to the murders.
"There's no direct evidence that Mr. Muhammad was at the scene of any of these crimes."
In an affidavit filed last week with the complaint against Muhammad, agents from the FBI and Bureau of Alcohol, Tobacco and Firearms wrote that a note demanding $10 million was found at the scene of a shooting in Ashland, Va.
The note threatened children and said more shootings would happen if the demands weren't met.
Wyda said the extortion scheme was an implausible motive, pointing out the note wasn't found until after 11 people had been shot over 17 days. He asked to question ATF agent and affidavit author Scott Riordan on the stand, a request the magistrate refused.
Wyda described Muhammad as a business owner with no previous criminal history and told Schulze, "John desperately loved his children."
Police nationwide are reviewing old shootings to see if there are any links to the sniper suspects.
Attorney General John Ashcroft has yet to determine which jurisdiction will try Muhammad and Malvo first. Justice Department sources have said a decision could come as early as this week.
After a hearing in U.S. District Court where Muhammad was denied bond, public defender James Wyda said federal prosecutors were trying to stretch federal law to try Muhammad on charges that could carry a death sentence.
"This is no longer a murder case; this is an extortion case," Wyda said. "They can't prove extortion. They can't meet their burden of proof in making this a federal case."
Chief Magistrate Judge Jillyn K. Schulze ordered Muhammad, 41, held until his trial, saying there was enough evidence to suggest he is a flight risk and would pose a danger to the community if he were released.
"There's probable cause to believe the defendant participated in a series of multiple murders," she said.
Federal prosecutors filed a 20-count complaint against Muhammad last week, accusing him of firearms charges, extorting money and blocking interstate commerce.
He could be executed if he is convicted.
Muhammad and John Lee Malvo, 17, also face state charges in Virginia, Maryland, Louisiana and Alabama for a string of shootings over several months.
Malvo was ordered held without bond Monday during a closed door hearing in Baltimore. Muhammad has a preliminary hearing scheduled for Friday, the deadline for the U.S.
Attorney's office to secure an indictment against him.
Throughout the half hour hearing, Muhammad sat stiffly in his burgundy prison jumpsuit, paying rapt attention to Schulze. He did not speak.
Prosecutors claim the pair traveled in a modified Chevrolet Caprice that allowed a shooter to fire from a hole drilled in the car's trunk. They were arrested Oct. 24 while they slept in the Caprice at a Western Maryland highway rest stop.
Assistant U.S. Attorney James Trusty said Muhammad was lying on top of the Bushmaster rifle linked to 10 of the shootings when he and Malvo were arrested.
Muhammad has used multiple fake identities in the past, including after he was arrested earlier in Antigua, Trusty said without elaborating. Police found several fake driver's licenses with Muhammad's picture when he was arrested.
Pointing to the altered Caprice and rifle, Trusty argued Muhammad would be dangerous and could flee if released.
"There are numerous acts of violence that are specifically linked to Mr. Muhammad and a co-conspirator," he said.
But Wyda said the government has provided little evidence other than items recovered from the Caprice, evidence he said doesn't concretely link Muhammad to the murders.
"There's no direct evidence that Mr. Muhammad was at the scene of any of these crimes."
In an affidavit filed last week with the complaint against Muhammad, agents from the FBI and Bureau of Alcohol, Tobacco and Firearms wrote that a note demanding $10 million was found at the scene of a shooting in Ashland, Va.
The note threatened children and said more shootings would happen if the demands weren't met.
Wyda said the extortion scheme was an implausible motive, pointing out the note wasn't found until after 11 people had been shot over 17 days. He asked to question ATF agent and affidavit author Scott Riordan on the stand, a request the magistrate refused.
Wyda described Muhammad as a business owner with no previous criminal history and told Schulze, "John desperately loved his children."
Police nationwide are reviewing old shootings to see if there are any links to the sniper suspects.
Attorney General John Ashcroft has yet to determine which jurisdiction will try Muhammad and Malvo first. Justice Department sources have said a decision could come as early as this week.