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VIRGINIA: IN THE CIRCUIT COURT OF FAIRFAX COUNTY January 21, 2003 COMMONWEALTH OF VIRGINIA , . INDICTMENT FOR vs.° . CAPITAL MURDER AND ’) . USING A FIREARM IN THE LEE BOYD MALVO . COMMISSION OF A FELONY a/k/a John Lee Malvo ’ The Grand Jurors of the Commonwealth of Virginia, in and for the body of the County of . Fairfax, and now attending the said Court at its J anuary Term, 2003, charges that: On or about the 14th day of October, 2002, in the County of Fairfax, Lee Boyd Malvo, a/k/a John Lee Malvo, did willfully, deliberately and with premeditation kill and murder Linda Franklin in the commission of an act of terrorism as defined in §18.2-46.4 of the Code of Virginia. Va. Code §18.2-31(13) . COUNT IT The Grand Jurors of the Commonwealth of Virginia, in and for the body of the County of Fairfax, and now attending the said Court at its January Term, 2003, charges that: On or about | the 14th day of October, 2002, in. the County of Fairfax, Lee Boyd Malvo, a/k/a John Lee Malvo, did willfully, deliberately and with premeditation kill and murder Linda Franklin, said idlling being the killing of more than-one person, within a: three year period. - Va. Code §18.2-31(8)