Death penalty sought for sniper

Prosecutors in Alabama today said they will seek the death penalty for the man arrested yesterday in connection with the Washington DC area sniper shootings.

Police in Alabama said John Allen Muhammad was at the scene of an armed attack in Montgomery, the state capital, last month and that they have enough evidence to prosecute him.

He is accused of killing a clerk outside an off-licence as it closed on September 21.

"We intend to aggressively pursue the death penalty in our case," said the Montgomery Police Chief John Wilson.

Authorities in three states - Maryland, Virginia and Alabama - and the District of Columbia are at present conferring over who should prosecute Mr Muhammad and a 17-year-old, John Lee Malvo, arrested together in Maryland.

One issue in deciding who prosecutes the two may be the death penalty.

Maryland, where six victims were slain, and Virginia, where three were killed, both have capital punishment. Maryland has had a moratorium on executions since May but Virginia has executed more death row inmates than any state but Texas.

The states' laws also differ on age: A 17-year-old would be eligible for the death penalty in Virginia and Alabama but not in Maryland.

Officials say a federal prosecution is unlikely because it appears there is no federal law that would make the person or persons responsible for the sniper killings eligible for the death penalty.

Police today said that a gun found in Mr Muhammad's car had been linked to the three-week killing spree that left 10 people dead.

A Bushmaster .233 rifle - the civilian version of an M16 - has been linked by ballistics tests to 11 of the 13 shootings, Alcohol, Tobacco and Firearms agent Michael Bouchard told a press conference this morning.

The Montgomery Count police chief, Charles Moose, has told the press that both men are suspects in the sniper attacks.

Mr Muhammad - arrested with 17-year-old Mr Malvo in Maryland- made his first court appearance today and was remanded in custody.

He is charged with firearms offences violating a restraining order barring him from harassing or using force against his wife and children. His next scheduled court appearance is on Tuesday.

Mr Malvo, a Jamaican citizen, is considered a juvenile, so his federal court proceedings are closed. Mr Malvo was being held as a material witness against Mr Muhammad.