JLM Charged in 2005 Farifax Rape Case

[FindHG]

Hannah Graham abduction suspect, Jesse Matthew, is suspected to face a judge in another case from 2005.
Brian Todd reports. Published on Oct 29, 2014
http://www.youtube.com/watch?v=JRNuJzVpAlo

 

[Hoosgirl]

Has anyone found any live coverage of court this morning?

Oops, nvm. Wrong day!

 

[Mercedes]

I did the same thing!

 

[cluciano63]

I hope she is willing to do so. Does she have to show up in order to get a conviction? It is possible, unfortunately, that she may not want to show upr, refuse to show up, as cooperative, grateful and staying in touch as she might have been. It would not be info the state would want to share with the defense in hopes of getting some leverage. I don't know VA law or whether or not those charges filed in this case require the victim to show up or case get dismissed or whatever. If victim won't show up, but defense doesn't know, a plea bargain would likely happen with heavier consequences.

Also victim might be wavering about coming. If she shows up, my guess is that he will get maximum sentence.

It is confusing but there is something about a suspect having the right to confront the victim, via his attorney. Not sure under what circumstances an adult can testify by video or link-up. But there does seem to have to be testimony from a living accuser, from what I have researched. Jmo

 

[makista]

<Sniped for focus>

"He had already dragged her behind our units to the dark pool area."

http://www.cnn.com/2014/10/30/justice/hannah-graham-suspect-court/

We were debating on the other thread ( before it got locked) whether JM dragged or carried Hannah and this points to the dragging.

http://www.websleuths.com/forums/showthread.php?260384-Hannah-Graham-Remains-Identified

 

[Emaa]

Does the State have any indication that the victim will testify, I wonder?

I don't think the CA would have brought charges unless the victim had agreed to cooperate and testify. JMO

 

[TxJan1971]

http://www.readthehook.com/67132/morgans-killer-fairfax-case-connection-offers-hope-fresh-fear

I find this "passerby" very confusing. In the comprehensive "Read the Hook" article it says 3 things:
1) "Startled by a passerby, the assailant fled on foot."
2) '...the woman told them her assailant had choked her until she lost consciousness. "She thought she was going to die, then all of a sudden, she came to, and he wasn't there," says Jenkins, mentioning the passerby who scared the attacker away–- perhaps in the nick of time."
3) "With only one eyewitness, the rape victim, in the 2005 Fairfax assault..."

So if there is only one eyewitness (the victim) who passed out and awoke after JM left, then just who exactly reported this passerby who scared him off (without actually witnessing anything)? Was this just an assumption made by the victim who must have been praying someone would stumble upon the scene and save her? The only other thing that makes sense is if the victim passed out AFTER seeing someone walking toward them. I am guessing there was no passerby in reality, and JM actually finished his deed, thought she was dead and took off.

Here's another account from 2011.


http://patch.com/virginia/fairfaxci...rs-dna-solve-a-fairfax-rape-and-mor84c9a34d12

Adding an FBI Press Release/Statement:

On the evening of Saturday, September 24, 2005, a 26-year-old victim was walking home from the Giant Food Store located on the 3700 block of Jermantown Road in Fairfax City, Virginia. The suspect grabbed the victim from behind as she walked down Rock Garden Drive toward her residence. He then carried the victim to a grassy area behind a maintenance shed, where he sexually assaulted her. The suspect was last seen running from the area.

The suspect is described as an African-American male with black hair and facial hair at the time of the attack. He is approximately 6’0” tall and was believed to be between the ages of 25 and 35 years old at the time of the attack.

http://www.fbi.gov/washingtondc/pre...dia-campaign-in-morgan-harrington-murder-case

 

[Charlie Chan]

My understanding about the "passerby" is this: there was a resident of the apartment complex who heard screams. He/she went outside, kind of saying something like "hello? What's going on" (something like that), which is what (I believe) scared JM off. He heard someone outside,looking for the source of the screams. This person, incidently, went back inside but fortunately for the victim, JM had no way to know this so he ran. Then, when the victim came to, she made her way to one of the apartment doors, knocked and was attended to. That is what I have put together. I think it's accurate.

 

[FindHG]

UVa Abduction Suspect in Court on Separate Case
AP Fairfax, Va. &#8212; Oct 31, 2014, 3:16 AM ET
http://abcnews.go.com/US/wireStory/uva-abduction-suspect-court-separate-case-26594089


Hannah accused in court over attack
The man accused of abducting British-born university student Hannah Graham in Virginia
is being arraigned on an unrelated sexual assault from nearly a decade ago.
Press Association updated: 31 October 2014, 07:58 GMT
http://home.bt.com/news/world-news/hannah-accused-in-court-over-attack-11363940570922

Video conference system will allow Jesse Matthew to appear in Fairfax court
Reporter Nadine Maeser UPDATED: 08:11 PM EDT Oct 30, 2014
http://www.wdbj7.com/news/local/vid...e-matthew-to-appear-in-fairfax-court/29441588

Jesse Matthew to appear in Fairfax court Friday in 2005 sex assault case
By Justin Jouvenal October 27, 2014 [a little dated, but hadn't caught it before]
http://www.washingtonpost.com/local...d66e7c-5e0f-11e4-91f7-5d89b5e8c251_story.html


Victim in Fairfax rape could testify against Hannah Graham suspect Jesse Matthew
by Scott Wise and CNN Wire - Updated 01:10PM, OCTOBER 30, 2014
http://wtvr.com/2014/10/30/victim-i...-against-hannah-graham-suspect-jesse-matthew/

 

[4MYGUYS]

https://twitter.com/jgoldbergABC7/status/528167293872635904 Can someone explain why the judge denied JM request for Camblos to be his sole attny? And why this request was made, and any other insights into todays rulings. TIA

 

[netsleuth]

"On Friday, Judge Dennis J. Smith ruled Matthew would be represented by a public defender, and appointed attorney Jim Camblos as co-counsel. Camblos and public defender Todd Petit were fighting for the right to represent Matthew. Smith said he wanted two attorneys to help accommodate a speedy trial.
Smith said he wants to have the trial soon. He set motions day for two weeks.

Additionally, Smith would not hear a motion for evaluation of insanity for Jesse Matthew.

The victim in the 2005 sexual assault no longer lives in the country but we're told that she will be at the trial to testify against Matthew.
Forensic evidence links Jesse Matthew to the 2009 disappearance of Virginia Tech student Morgan Harrington in Charlottesville, which had previously been linked to the Fairfax sexual assault, officials said. The death penalty is not available on the Fairfax charges because the victim is still alive.
An attempted murder conviction in Fairfax would increase the likelihood that Matthew might get the death penalty in Charlottesville, if he's charged with a capital offense."

http://www.wusa9.com/story/news/201...uspect-court-sex-assault-fairfax-co/18230807/

 

[EmmaRose]

Also from Jeff Goldberg's twitter. Sorry having trouble linking

In court #JesseMatthew attorney Camblos wanted to deal w/ a motion regarding Matthew's sanity but Judge would not hear it.

Thanks, net sleuth. I see you posted this, and more.

 

[SolVol]

The three separate charges in Fairfax carry a maximum of THREE LIFE SENTENCES: http://wtkr.com/2014/10/27/what-new-charges-will-jesse-matthew-face/

Neal Augenstein's tweets relay the tenor of today's encounter with the Fairfax judge: https://twitter.com/AugensteinWTOP

 

[netsleuth]

&#8220;At Friday&#8217;s hearing, the judge took no action on Camblos&#8217; request for a psychiatric evaluation, deferring it until a later date.
Most of Friday&#8217;s hearing, in which Matthew appeared via video hookup from the Albemarle-Charlottesville Regional Jail, concerned who would represent Matthew. The judge appointed both the Fairfax County public defender and Camblos to represent Matthew as co-counsel, over the objections of Camblos and Fairfax County Commonwealth&#8217;s Attorney Ray Morrogh.

<modsnip>

Butorac declined comment after Friday&#8217;s hearing.

Another hearing was set for Nov. 14 to set a trial date.

After Friday&#8217;s hearing, Morrogh said he will continue to consult with prosecutors in the Charlottesville area to determine which case should go to trial first, and that he is prepared to go first or last. He said that, ideally, he&#8217;d like the trial to be able to go forward within six months.
He said the victim in the 2005 assault is no longer in the country, but is cooperating with investigators and will be available to testify at trial.

http://www.mysanantonio.com/news/cr...suspect-in-court-on-separate-case-5860199.php

 

[CoolJ]

My understanding about the "passerby" is this: there was a resident of the apartment complex who heard screams. He/she went outside, kind of saying something like "hello? What's going on" (something like that), which is what (I believe) scared JM off. He heard someone outside,looking for the source of the screams. This person, incidently, went back inside but fortunately for the victim, JM had no way to know this so he ran. Then, when the victim came to, she made her way to one of the apartment doors, knocked and was attended to. That is what I have put together. I think it's accurate.

Do you have a link regarding any of this? Wonder if this person was involved at all in the sketch?
Also, has anybody ever heard anything about a 2nd accomplice in this case?

 

[Charlie Chan]

Do you have a link regarding any of this? Wonder if this person was involved at all in the sketch?
Also, has anybody ever heard anything about a 2nd accomplice in this case?

Hi CoolJ...I do not have a link because this is a compilation of everything that I have read about the Fairfax rape/attempted murder. I do NOT think that there was ever a "passerby" nor do I think that anyone saw the perpetrator. Evidently the victim was screaming as she was being dragged into the wooded pool area which caused at least one person to come outside and kind of "look around". We will never know, unless JM tells us, if it was indeed this person who caused him to run or if he indeed felt that the victim was dead and that is why he ran. So the idea that a "passerby scared him off" really has not been proven because the victim was left for dead. No passerby helped her...she came to and then managed to walk to one of the apartments and knock.

 

[themom]

&#8220;At Friday&#8217;s hearing, the judge took no action on Camblos&#8217; request for a psychiatric evaluation, deferring it until a later date.
Most of Friday&#8217;s hearing, in which Matthew appeared via video hookup from the Albemarle-Charlottesville Regional Jail, concerned who would represent Matthew. The judge appointed both the Fairfax County public defender and Camblos to represent Matthew as co-counsel, over the objections of Camblos and Fairfax County Commonwealth&#8217;s Attorney Ray Morrogh.

<modsnip>

Butorac declined comment after Friday&#8217;s hearing.

Another hearing was set for Nov. 14 to set a trial date.

After Friday&#8217;s hearing, Morrogh said he will continue to consult with prosecutors in the Charlottesville area to determine which case should go to trial first, and that he is prepared to go first or last. He said that, ideally, he&#8217;d like the trial to be able to go forward within six months.
He said the victim in the 2005 assault is no longer in the country, but is cooperating with investigators and will be available to testify at trial.

http://www.mysanantonio.com/news/cr...suspect-in-court-on-separate-case-5860199.php

I'm also following the Jenise Wright case, where a psych evaluation has been requested (and we have been waiting on it to get done for about 2 months now). After discussing it for that trial, I see it is a good thing to get taken care of in the beginning, to prevent later insanity pleas. I am dreading how long this case (esp bc it involves at least 3 trials) will drag on.

 

[Emaa]

After Friday's hearing, [Fairfax County Commonwealth's Attorney Ray] Morrogh said he will continue to consult with prosecutors in the Charlottesville area to determine which case should go to trial first, and that he is prepared to go first or last. He said that, ideally, he'd like the trial to be able to go forward within six months.

Heh.

That tells me Morrogh's got a damn strong case, a credible, sympathetic and cooperative victim and he's chomping at the bit to put this monster away for good.

Excellent.


BTW "An attorney for the man accused of abducting University of Virginia student Hannah Graham said Friday that he wants his client to be evaluated to determine his sanity."

I believe that's what they call a "Hail Mary".

 

[Emaa]

He said the victim in the 2005 assault is no longer in the country, but is cooperating with investigators and will be available to testify at trial.

this brave woman is a true hero :heartbeat:

 

[jamicat]

Hi CoolJ...I do not have a link because this is a compilation of everything that I have read about the Fairfax rape/attempted murder. I do NOT think that there was ever a "passerby" nor do I think that anyone saw the perpetrator. Evidently the victim was screaming as she was being dragged into the wooded pool area which caused at least one person to come outside and kind of "look around". We will never know, unless JM tells us, if it was indeed this person who caused him to run or if he indeed felt that the victim was dead and that is why he ran. So the idea that a "passerby scared him off" really has not been proven because the victim was left for dead. No passerby helped her...she came to and then managed to walk to one of the apartments and knock.

My guess is that LE found a resident who said he heard sounds that made him come out. I believe that I saw something--I'll look for it , that states the resident called out. No answer. He came closer yet, and called out again is what I think I read. But then when he didn't see or hear anything, he returned to his apartment. The timing and times given by everyone probably got LE thinking that JM heard the person, and decided to high tail it out of there in case the person was calling LE or getting others to come check out the sounds. But whether that is the case or not, we don't know.
The victim passed out so she has no idea what made JM leave when he did.

The rape is likely to be a slam dunk conviction. Attempted murder would depend on the seriousness of the injury and the opinions of MDs as to whether it supports that charge. There was a similar case in the courts around here, and the court did not get the attempted murder part of the charge through as it could not be proven that the injuries were such that the perp was trying to kill the woman. That he could have killed her but stopped way short was instrumental in getting those charges a not guilty verdict in that case in my area.

I'm interested in knowing whether the victim will come testify. In such cases, DA and defense often play "chicken" with DA holding the stance that the victim is definitley going to show up even if it's uncertain or if she has said she would not, and the defense hoping that at the last minute the victim demurs . If the defendent does not show, the case could fold, so DA would want to strike a deal with that as an uncertainty so that the terms would be as tough as possible Defense would have the opposite objective.