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Muhammad's attorneys have criticized Virginia prosecutors, saying the state is pursuing one theory of the sniper case against Malvo in Fairfax County and another theory against Muhammad in Prince William County.
CNN: Prosecutors to review sniper case statements
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MONTGOMERY, Alabama (CNN) -- A killing in Montogomery, Alabama, last month has led to the first murder charges to be filed against accused Washington-area snipers John Allen Muhammad and Lee Boyd Malvo, 17.
CNN: Killing in another Montgomery: Murder charges filed
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Walsh said he believes Muhammad's prosecutors are calling Malvo so he can invoke his right against self-incrimination before the trial, establishing that the younger suspect is unavailable and allowing the prosecutors to use statements that he made after his arrest.
CNN: Sniper suspects Muhammad, Malvo face each other in court