DC sniper Lee Boyd Malvo could return to Montgomery County for resentencing
MONTGOMERY COUNTY, Md. - D.C. sniper Lee Boyd Malvo could be on his way back to Maryland.
In a Montgomery County courtroom Monday, a hearing got underway on how Malvo’s resentencing will proceed.
In 2012, the Supreme Court decided it was unconstitutional to sentence juveniles to life without parole. So while Malvo is 38 now, he was 17 at the time of the D.C. sniper shootings that left 10 people dead in a span of 22 days.
The issue today is how to transfer him from his Virginia prison to Montgomery County.
"I’ve been assured from the sheriff’s office that if we have an order to get him that they’ll go get him, so that part is taken care of. We just need to know where he’ll stay when he gets here," Montgomery County Circuit Court Judge Sharon V. Burrell said.
Malvo made his court appearance via video, looking older in eyeglasses and wearing a yellow prison uniform.
Montgomery County State’s Attorney John McCarthy says there are still security and interstate legal complications in moving Malvo to Maryland that haven't been decided but said the victim's families do not want to go through another in-person sentencing for the convicted killer.
"I did talk to the victims’ families and their request or hope would be that they would not have to go through this again, especially if you recognize the sentence in Virginia he has means they’re just going to go through a painful process," McCarthy said.
What’s clear is moving Malvo from his cell at Red Onion Prison in Virginia to Montgomery County won’t be simple — even requiring agreements from Virginia and Maryland governors.
The prosecutor who convicted Malvo, former Montgomery State’s Attorney Doug Gansler, tells FOX 5 that even with resentencing, Malvo will never get out of prison.
"He will never get out of jail because of no other reason than Virginia. We can have as liberal state as we want in Maryland but he’s got counts in Virginia that are going to keep him here but it’s hearing with a purpose in some ways but on the other hand, the Supreme Court has spoken," Gansler said.
A spokesman for Gov. Wes Moore says they are aware of and monitoring the proceedings but as far as making a request to transfer Malvo to Maryland from Virginia, they said they will act in accordance with the victim's family wishes.
Gov. Glenn Youngkins’s office has not responded to FOX 5’s request for comment.
A status hearing is scheduled for Dec. 1.
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