Sniper trial reopens wounds

By Ian Pannell
BBC correspondent in Virginia Beach

Dean Meyers worked late the day he died. Premkumar Walikar had gone to work early the day he died.

Many shootings occurred at petrol stations

For the victims of the Washington sniper and their families, the line between life and death was tragically thin. They were just ordinary people leading ordinary lives.

"It's hard to believe it's happened. If only he'd been half an hour late. He was just at the wrong place at the wrong time."

Vijay Walikar talks quietly about the pain of losing his only brother. Premkumar was a taxi driver, a husband, father, son and brother.

This week jury selection begins in what could be the first of a series of sniper trials. John Allen Muhammad, 42, is charged with murdering Dean Meyers last October outside a petrol station.

I have to keep reminding myself that he's not here anymore Vijay Walikar Victim's brother

If he is found guilty he faces the death penalty. His alleged accomplice, Lee Boyd Malvo, 18, will face his first trial next month.

The Muhammad trial was moved to the southern resort of Virginia Beach by Judge LeRoy Millette Jr.

The defence team successfully argued that, as the lives of so many were affected by the series of shootings, it would be impossible to get a fair jury in the Washington area.

Uncharted legal territory

Despite a wealth of evidence, the trial presents difficult challenges to the prosecution team.

In order to get a conviction the state must prove at least one of two things. Firstly that Mr Muhammad either pulled the trigger or instigated the shooting - secondly, that the region as a whole was terrorised. Both carry the death penalty.

Muhammad is accused of masterminding the attacks

Proving who was responsible for shooting Dean Meyers will not be straightforward.

The prosecution will argue that it was actually Lee Malvo who pulled the trigger. However they will also contend that it was Mr Muhammad who was the "principal in the first degree" - in other words that he instigated the crime.

The other charge will be equally complex to prove. For the first time anti-terrorism legislation enacted in Virginia in the wake of the 11 September attacks on Washington and New York will be put to the test.

The argument will be that Mr Muhammad carried out an act of terrorism by using violence to intimidate the public or coerce the government.

This untried legislation could face a constitutional challenge.

Painful memories

It is now a year since the wave of attacks in the Washington area. For three weeks all normal life was suspended.

School playgrounds were emptied. Shoppers ducked for cover. Motorists cowered behind their cars at petrol stations.

The trial of Mr Muhammad will bring back painful memories for many.

"Over the years it will be less painful, but right now it's hard, so fresh in the mind."

Vijay Walikar says he wants to attend the trial and look Mr Muhammad in the eye. Yet he has no good reason why. He knows he is searching for the kind of answers he may never hear.

For now there are just questions and emptiness.

"I have to keep reminding myself that he's not here any more."