Virginia
Resentencing for Lee Malvo postponed in Maryland after Virginia says he can't attend in person
ROCKVILLE, Md. (AP) — A Maryland judge on Wednesday indefinitely postponed a resentencing hearing for convicted sniper Lee Boyd Malvo, after Virginia rejected a request to temporarily let him out of prison to attend a court session in Maryland.
Malvo and his partner, John Allen Muhammad, shot and killed 10 people and wounded three others over a three-week span in October 2002 that terrorized the Washington, D.C., area. Multiple other victims were shot and killed across the country in the prior months as the duo made their way to the area around the nation’s capital from Washington state.
Malvo, who was 17 years old at the time of the shootings, was convicted of multiple counts of murder in Virginia and Maryland and sentenced to life in prison without the possibility of parole. He has been serving his sentence in Virginia.
Muhammad, who was older than Malvo and was accused of manipulating him to to serve as a partner in the shootings, was executed in Virginia in 2009.
Since Malvo was initially sentenced, though, a series of Supreme Court rulings and changes in Maryland and Virginia law have severely limited or even abolished the ability to sentence minors to life in prison without parole.
In 2022, Maryland’s highest court ruled 4-3 that Malvo is entitled to a new sentencing hearing.
That hearing was scheduled to occur in December in Montgomery County, Maryland. But Malvo has insisted that he be allowed to attend that sentencing hearing in person, and his court-appointed lawyer argued that if isn’t allowed to do so, his guilty pleas in Maryland should be vacated and he should be given a new trial.
“He has a right to be here in person, and he’s not waiving it,” his lawyer, Michael Beach, said at Wednesday’s hearing.
Prosecutors said they made efforts to have Malvo transferred from a Virginia prison to attend a hearing, but those efforts were rejected.
Virginia Gov. Glenn Youngkin’s spokesman, Christian Martinez, confirmed after Wednesday’s hearing in a written statement that “(d)ue to his violent criminal history, Governor Youngkin’s position is that Mr. Malvo should complete his Virginia sentence before being transferred to Maryland for resentencing.”
With Malvo unavailable to attend in person, prosecutors said Malvo could either attend a hearing virtually or wait until he is released from custody in Virginia.
Montgomery County Circuit Judge Sharon Burrell sided with prosecutors, She said that since Malvo insists on attending in person, and Virginia won’t release him, she had no choice but to indefinitely postpone the resentencing until he finishes serving his time in Virginia.
Malvo is serving a life sentence in Virginia, but is eligible for parole. A parole board rejected his most recent parole request in 2022.
Beach said after the hearing that he expects to pursue any appeal options available to him. He said during the proceedings that if the sentencing hearing is delayed for an extended period of time, he believes it raises due process issues that could require the Maryland charges against Malvo to be dismissed.
Malvo, who is 39, attended Wednesday’s hearing virtually, wearing a yellow prison uniform. He looked youthful, similar to his appearance at the time of his arrest.
Perhaps underscoring the difficulties of conducting a hearing over video, Wednesday’s hearing was delayed three times when the video hookup between the prison and courthouse disconnected.
Montgomery County State’s Attorney John McCarthy said after the hearing that it’s too early to say what kind of prison term he would seek once Malvo is sentenced in Maryland. He said, though, that any prison term imposed on him in Maryland should be in addition to the time he served in Virginia, rather than giving Malvo credit for time served.
Virginia
Spanberger backs House budget as shutdown deadline looms over data center tax fight
RICHMOND, Va. — Virginia Gov. Abigail Spanberger said she supports the House of Delegates’ proposed budget as state lawmakers race to avoid a government shutdown before the July 1 deadline.
Legislators are set to meet Tuesday to review their proposed budgets, and the House could vote as early as Thursday. But a major obstacle remains: the Senate Finance chair is insisting that a billion-dollar sales and use tax exemption for data center operators must end — a position that puts the Senate at odds with the House proposal.
The governor said her team has not had a substantive discussion on what Sen. Louise Lucas (D-Portsmouth) might present as a counter proposal. On Friday, Lucas posted a graduated tax proposal for data centers on social media but has not presented that plan to the governor’s team.
As recently as Sunday, Lucas was adamant that the companies behind the data centers would pay what she called their fair share.
“They keep saying to us, ‘well, if we don’t get that sales and use tax exemption in Virginia, we’re gonna go someplace else.’ Well, Senator Locke just laid it out for you: all the other states are saying, ‘no, we don’t want them’ and if we get them, we’re going to make sure that we modify how we do these use and sales tax exemptions,” Lucas said.
Spanberger reiterated her support for the House version of the budget.
“In the absence of any counter proposal or any additional budget language coming from the Senate, I continue to remain supportive of the House of Delegates proposed conference report, because it’s thorough, it’s thoughtful, it addresses priorities across the board,” she said.
She added that if it were brought to a vote, there is broad support for the measure.
“If it were brought to a vote, certainly there’s many members … of the state Senate whose budget priorities are also in that conference report,” she said.
The timeline is tight. While House of Delegates members return Thursday, Senate members do not convene until next Monday. Under legislative rules, an agreed-upon budget must be on legislators’ desks 48 hours before a vote can be taken. If a budget agreement is not ready by the close of business Tuesday, the House will not be voting on Thursday.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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Virginia
Falls Church officials weigh order of operations for major affordable housing project | ARLnow.com
Which should come first for the Virginia Village redevelopment in Falls Church: Selecting a development partner, or considering zoning changes?
City leaders are facing a “chicken-and-egg”-type challenge as they tackle the major affordable housing initiative.
A decision will have to come soon, as city leaders hope to have an interim development agreement inked in the fall, followed by a full agreement nearly next year. At the June 8 Council meeting, officials discussed whether to prioritize zoning changes or partner selection.
Council member Arthur Agin said he believed consideration of zoning changes should come in advance of, or at the latest concurrently with, selection of a development partner.
“We shouldn’t be taking that acceptance of a developer until we’ve fully locked down the zoning,” Agin said.
City Manager Wyatt Shields said he wasn’t so sure. Shields affirmed staff’s position that an interim agreement with a development partner should come before finalizing land-use changes.
“It would be good for the public to interact with the specific plans [put forward by the developer]” before final action on potential zoning changes, Shields said. The Council could use that information to craft zoning changes for the 20-parcel Virginia Village site, he said.
The city’s Economic Development Authority (EDA) currently owns nine of the 20 lots, while the remainder are in private hands. Any zoning-overlay district for Virginia Village would apply to public and private parcels.
Council members on June 22 are expected to formally approve a request for proposal, seeking a development partner for the sites under EDA ownership. The city is expected to set a deadline sometime at the end of July for development proposals to be submitted.
City officials are seeking proposals focusing on three alternative development scenarios:
- Option 1: Rehabilitation of city-owned properties in Virginia Village with the potential for minor expansions, such as an additional floor or bump-outs of the existing buildings
- Option 2: Low-intensity redevelopment that would include razing the city’s properties and rebuilding up to four levels on the parcels
- Option 3: Larger infill redevelopment that would demolish the city-owned buildings and replace them with properties potentially up to seven stories tall in some areas
City officials also will consider hybrid proposals, combining elements of the three options.
Of the 20 fourplexes comprising Virginia Village, the city’s Economic Development Authority owns the following:
- A four-parcel strip at 2002-2004-2006-2008 Gibson Street
- A two-parcel strip at 310-312 Shirley Street
- Individual parcels at 302, 303 and 310 Maple Ave
The owner of a 10th lot, located at 300 Shirley Street, has contacted city officials with a request to potentially collaborate in the redevelopment. Additionally, other owners may now be in communication with city officials, or could be in the future.
The Virginia Village matter and the order of moving forward was not on the Council’s June 8 agenda, but Agin brought it up to Shields.
Virginia
2027 OL Jajuan Graham commits to West Virginia
West Virginia has added another key piece on the offensive front with a commitment from Atlanta (Ga.) Tucker 2027 offensive lineman Jajuan Graham.
Graham, 6-foot-4, 300-pounds, picked the Mountaineers over offers from North Carolina, Virginia Tech, Pittsburgh, Wake Forest, Memphis, USF and a number of others.
West Virginia initially offered in late April and the connection between the two only continued to blossom with offensive line coach Rick Trickett serving as the lead recruiter.
Graham made the trek to Morgantown over the weekend for an official visit and that proved to be enough to seal the deal on his recruitment with a commitment.
The versatile offensive lineman can fill several different roles for the Mountaineers up front.
Graham becomes the 20th commitment for West Virginia in the 2027 class and the second along the offensive line in this current recruiting cycle.
WVSports.com will have more with Graham in the near future.
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