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Updated Sept. 23, 2004, 10:19 a.m. ET

New judge presides over sniper hearing

FAIRFAX, Va. (AP) — A new judge in the second prosecution of convicted sniper John Allen Muhammad heard familiar arguments Wednesday on whether prosecutors improperly denied Muhammad his right to a speedy trial.

Circuit Judge M. Langhorne Keith presided over the hearing a day after Judge Jonathan Thacher removed himself from the case.

Prosecutors had demanded that Thacher step down, saying he improperly conducted his own investigation into whether Muhammad's speedy trial rights had been violated, compromising his impartiality.

Keith heard testimony from jail guards and police detectives to sort through a key question: When was Muhammad arrested by Fairfax County authorities for the Oct. 14, 2002, murder of Linda Franklin?


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Virginia law requires a suspect's trial to begin within five months of arrest, unless the defendant waives that right. Prosecutors and defense attorneys disagree on when Muhammad was technically placed under arrest.

Defense attorneys say the arrest occurred Jan. 6, when Fairfax police sent a detainer to the Prince William County jail where Muhammad was held.

Prosecutors say Muhammad was not arrested until May 27, and that Fairfax police specifically instructed Muhammad's jailers not to arrest him on the detainer.

If the defense prevails, Fairfax prosecutors will be barred from prosecuting Muhammad for Franklin's murder, one of 10 sniper killings over a three-week span in October 2002.

Muhammad was already convicted and sentenced to death for one of the sniper killings, but Fairfax County Commonwealth's Attorney Robert F. Horan Jr. wants a second conviction in case the first is overturned on appeal.

Keith did not immediately rule on the issue.

Also Wednesday, previously sealed bench transcripts were released in which Muhammad indicated he is again considering acting as his own attorney in the upcoming trial. Muhammad briefly represented himself in his first trial.

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