The feds went to great pains and played a number of games in order to put the two sniper defendants where they would be most likely to be killed. But they might have screwed up putting them in different jurisdictions. The two prosecutors have different theories and the two defense teams seem to be taking advantage of the confusion to adopt the other county's prosecutor's argument.
And in the continuing reporting on Horan (the prosecutor in Fairfax):
But Horan said he didn't see any common ground between his prosecution and either defense team. "For me to team up with any of that crowd," Horan said, "I'd have to be under a spell."Not quite as bad as before but still smacks of bravado rather than legal acumen.