'Sniper' could face death penalty

Muhammad's trial was moved away from the Washington area

The elder of the two sniper suspects will face the death penalty if found guilty of murder, a US judge has ruled.

John Allen Muhammad's defence had said there was no evidence he shot Dean Meyers - the murder for which he is currently standing trial.

But Judge LeRoy F Millette said Mr Muhammad and his alleged accomplice, Lee Boyd Malvo, were allegedly involved in "purposeful shootings".

Ten people died in the October 2002 shootings in the US capital region.

'Excessive control'

Mr Muhammad faces two charges relating to the death of civil engineer Meyers, 53, who was shot dead as he filled his car at a petrol station in Manassas, Virginia, on 9 October 2002.

Malvo was 17 at the time of the killings

In addition to these charges Mr Muhammad also faces one charge of multiple murder and one of terrorising the public.

Mr Muhammad's lawyers had argued that, under Virginian state law relating to the multiple murder charge, only the so-called "triggerman" - the person who actually committed the shooting - can get the death penalty, the Associated Press news agency reported.

But the prosecution successfully countered that Mr Muhammad - who has pleaded not guilty to the charges - exerted excessive control over then 17-year-old Mr Malvo and therefore bears as much responsibility for the shootings.

Correspondents say Mr Muhammad's defence is hoping that, by incriminating Mr Malvo in the shootings, they can aid their client.

Much of the evidence, such as fingerprints on a sniper rifle, DNA from a tarot card and eyewitness testimony, is said to point to Mr Malvo's involvement in the attacks.

The defence and prosecution have now rested their cases and jury deliberations are expected to begin on Thursday after closing arguments.

Jury issues

On Wednesday, a judge rejected a request from Mr Malvo's defence to dismiss the entire potential jury pool for his trial, which they had argued was unfair because some potential jurors who oppose the death penalty were excluded.

Mr Malvo pleaded not guilty on Monday to charges he murdered FBI analyst Linda Franklin, who was shot dead on 14 October in Falls Church, Virginia.

His lawyer told the judge in Chesapeake that he would argue his client was not guilty by reason of insanity.

Mr Malvo's trial was moved to Chesapeake, 200 miles (324 kilometres) from the scene of the shooting in Falls Church, because it was deemed impossible to find an unbiased jury in the Washington area.

Mr Muhammad's trial was moved to Virginia Beach - close to Chesapeake - for the same reasons.