Jonathan Sheldon, attorney for condemned sniper John Allen Muhammad, said he has exhausted all appeals and won't work further to spare his life.
"The United States Supreme Court and the Governor of Virginia have denied John Muhammad’s request for a stay of execution and review of his case," Sheldon wrote in a statement Tuesday afternoon. "We respect their decisions and will make no more legal efforts to stop this process from going forward."
Muhammad spent Tuesday afternoon meeting with immediate family members, according to state Department of Corrections spokesman Larry Traylor.
"He does not have a spiritual adviser. Muhammad’s attorneys are planning to meet with him later this afternoon," Traylor stated in a press release.
Earlier Tuesday, Virginia Gov. Tim Kaine cleared the way for the Muhammad's execution, set for 9 p.m. tonight.
Muhammad is scheduled to die by lethal injection Tuesday night at a Virginia prison for killing Dean Harold Meyers at a gas station during a three-week spree that left 10 people dead in 2002 across Maryland, Virginia and Washington, D.C.
Muhammad and his teenage accomplice, Lee Boyd Malvo, were also suspected of fatal shootings in other states including Louisiana, Alabama and Arizona. Malvo is serving a life sentence.
Sheldon says Virginia will be executing a severely mentally ill man.
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