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May 2, 2006 2:43 pm US/Eastern
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Source: Sniper's Accomplice May Testify
ROCKVILLE, Md. (CBS) ―
Washington-area sniper Lee Boyd Malvo is negotiating a plea bargain in which he would testify against his former mentor John Allen Muhammad, a person familiar with the case said Tuesday.
Negotiations between prosecutors and Malvo's attorneys have not been finalized, but Malvo is prepared to testify about the shootings and his relationship with Muhammad, the source said.
The source, who confirmed the report by WTOP radio in Washington, requested anonymity because the deal was not complete.
Attempts to reach Malvo's attorneys Tuesday were not immediately successfully. Deputy State's Attorney Katherine Winfree, who is prosecuting Muhammad, would not comment.
Jury selection began Monday in Montgomery County Circuit Court in the case against Muhammad, 45, who is charged with six counts of homicide in the 2002 sniper shooting spree that left 10 people killed and three people wounded.
Under the terms being considered, the source said Malvo would plead guilty in connection with the six shooting deaths in Montgomery County, where the spree began and ended.
He would be sentenced to life in prison, the maximum sentence for a homicide committed by a juvenile. Malvo, now 21, was 17 at the time of the shootings and is already serving a life sentence in Virginia.
If Malvo accepts the agreement, it would mark the first time he testifies against his fellow defendant. Malvo appeared briefly at a pretrial hearing before Muhammad's Virginia trial, but didn't testify.
J. Wyndal Gordon, one of Muhammad's three standby attorneys, said he's not surprised to hear negotiations were in progress since Malvo has been listed as a potential witness by both the prosecution and the defense. Gordon said Malvo would have credibility problems.
"Mr. Malvo's credibility is in serious question," Gordan said. "He's given various statements on the subject ever since. I don't think he's given two of the same statements as of today."
Muhammad has been sentenced to death in Virginia for one of the killings.
About 60 prospective jurors out of a pool of 300 came in front of Montgomery Circuit Court Judge James Ryan on Monday, and almost all said they had formed an opinion about the case.
It was hard to find anyone who didn't already believe he was responsible for the crimes, and Muhammad, acting as his own attorney, objected to most of them. The final panel is expected to be picked by Thursday.
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)