John Muhammad, the older of the two suspects charged in the Virginia sniper cases, lost his bid to have the judge dismiss the death penalty charge against him in the Manassas, Virginia case.

Muhammad had argued that he wasn't the shooter and under Virginia law, he wasn't eligible for the death penalty. The Judge said it's too soon to know what the evidence is in the case and that throwing the count out at this point would be premature.

This is curious:

Shapiro said defense lawyers already have a good idea of the evidence in the Meyers shooting, and there is no evidence that Muhammad pulled the trigger or that he participated in the killing to the degree that it would warrant a death sentence.

''With all due respect, he doesn't know what all the evidence is,'' [DA}Conway said.

Why not? Doesn't Virginia have discovery rules that require the DA to turn over investigative reports to the defense well before trial? How can Muhammad prepare for trial without notice of the evidence against him? Trial by ambush is not due process.