JLM Charged in 2005 Farifax Rape Case

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jamicat said:
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.
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Can they have the victim testify via video conference, or does she have to be physically present?
 
Charlie Chan said:
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.
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I think every account I have read of this case says he was scared off by a passer-by. This article cites the Police report at the time as the source.... http://www.c-ville.com/accused-hannah-graham-abductor-indicted-fairfax-sexual-assault/#.VFOqt7lxlok
 
Neal Augenstein @AugensteinWTOP · 2 hours ago

Judge asked Jim Camblos if there was a connection btwn 2005 Ffx case and Charlottesville cases. Camblos said there was, w-o elaborating.
 
Neal Augenstein @AugensteinWTOP · 2 hours ago

#JesseMatthew showed no emotion as charges for 2005 Fairfax rape were read. He was motionless.


Neal Augenstein @AugensteinWTOP · 2 hours ago

When Jim Camblos mentioned motion to have #JesseMatthew evaluated for insanity at time of offense was with prosecutor he was scolded Judge Dennis Smith: "Mr Camblos, let me tell you how we do business here," and said motion for evaluation will be handled in time.

Whoopsy. Irritating the judge isn't the best way to start.
 
ZsaZsa said:
I think every account I have read of this case says he was scared off by a passer-by. This article cites the Police report at the time as the source.... http://www.c-ville.com/accused-hannah-graham-abductor-indicted-fairfax-sexual-assault/#.VFOqt7lxlok
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So have I. But no evidence. The victim statements say that she passed out and has no idea why JM left. I read that that a neighbor came out to check out sounds, called out but saw nothing. No one else was mentioned in terms of seeing JM other than the victim. I think it's LE"s theory that passerby calling out is what caused JM to stop when he did. ALso lends credence to the attempted murder charge. If there had been no passerby, that he did not kill her, that he stopped when he did with the victim still alive would not support those attempted murder charges. That something happened to distract, stop JM, cause him to leave, implies he was attempting to do more harm but was interrupted..
 
ZsaZsa said:
I think every account I have read of this case says he was scared off by a passer-by. This article cites the Police report at the time as the source.... http://www.c-ville.com/accused-hannah-graham-abductor-indicted-fairfax-sexual-assault/#.VFOqt7lxlok
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My issue with this is: If they are SURE that a passerby scared him off, who told LE that? The victim was unconscious and if a passerby actually SAW HIM, saw him run away i.e. "scared him off",why didn't the passerby help the victim? I think it's more likely that we will never know what made JM leave....he may have heard the person who came out of the apartment asking "who is that..what's wrong" etc." and became nervous OR he may have just thought that the had killed the victim and left. As for the sketch, it has been well-reported and stated by LE that the victim got a very good look at her attacker and was able to assist LE in a sketch of the man. I just think that if a passerby really scared JM, then why didn't the passerby help the victim? No one knows why JM left the crime scene except him...and I doubt he will ever give up that information. JMO!
 
jamicat said:
So have I. But no evidence. The victim statements say that she passed out and has no idea why JM left. I read that that a neighbor came out to check out sounds, called out but saw nothing. No one else was mentioned in terms of seeing JM other than the victim. I think it's LE"s theory that passerby calling out is what caused JM to stop when he did. ALso lends credence to the attempted murder charge. If there had been no passerby, that he did not kill her, that he stopped when he did with the victim still alive would not support those attempted murder charges. That something happened to distract, stop JM, cause him to leave, implies he was attempting to do more harm but was interrupted..
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Is there some way we could see the original Police report? That would help...
 
Emaa said:
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".
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LOL! You get my vote for "best response to a quote"!
 
I wish the Fairfax judge had simply permitted JM's attorney to be assigned as PD. That he is secondary on this case when JM wants him primary while he is primary on the other case could cause issues for appeal. I don't understand why the court simply did not assign Camblos. If the attorneys can't get along on the case, and there is already friction, it could cause an issue when the rape component of the this case should be an easy win if the victim comes to testify. Many cases get thrown out due to technicalities because of political and personal issues. It's already caused a delay since no plea was entered due to the arguments and issues about who is lead attorney.

What can happen if a defendent is assigned a PD, main PD that he does not want and is facing a slew of charges, and they are all related and he wants the same attorney? I don't like the sound of this already.
 
jamicat said:
I wish the Fairfax judge had simply permitted JM's attorney to be assigned as PD. That he is secondary on this case when JM wants him primary while he is primary on the other case could cause issues for appeal. I don't understand why the court simply did not assign Camblos. If the attorneys can't get along on the case, and there is already friction, it could cause an issue when the rape component of the this case should be an easy win if the victim comes to testify. Many cases get thrown out due to technicalities because of political and personal issues. It's already caused a delay since no plea was entered due to the arguments and issues about who is lead attorney.

What can happen if a defendent is assigned a PD, main PD that he does not want and is facing a slew of charges, and they are all related and he wants the same attorney? I don't like the sound of this already.
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Yes! I am not up on the legal reasons why a judge would require a public defender to serve as co-counsel, but I was always of the impression that a defendant could select his/her own counsel and public defenders were for people who don't have or can't afford counsel. Whether or not JLM can afford Camblos seems to be a non-issue as JLM and Camblos seem to have an arrangement where Camblos wants to represent him.

Very very curious to me!!!

Can someone with legal knowledge please enlighten us as to how a judge can overrule JLMs request to be represented exclusively by Camblos???
 
“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/
 
“At Friday’s hearing, the judge took no action on Camblos’ request for a psychiatric evaluation, deferring it until a later date.

Most of Friday’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’s Attorney Ray Morrogh.

Matthew requested that Camblos, who is representing Matthew in the Graham case, be appointed to handle the Fairfax case as well.

<mod snip>

http://www.mysanantonio.com/news/cr...suspect-in-court-on-separate-case-5860199.php
 
MJPeony said:
Well lookie there- JM found some clothes....
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At 2:15 in that video, they zoom in on JM's face and he looks like so scary and so angry. I could really feel the rage inside him, gave me chills.
 
I am not familiar with the US legal system at all, so I have some questions after watching the video of the court. I hope these don't sound dumb.

Is Camblos asking for JLM to be evaluated because he actually thinks he is insane, or because it is just a box that needs ticked? Does this happen in every case of this nature?

Why didn't he enter a plea?

Did anyone else think it was really rude and dismissive of Camblos the way he said "the Graham girl" like she was just some random story he saw last night on the news? Or maybe its tactical, the way he claimed the link was publicity? To me it just made him sound like an insensitive fool.

This is the link I watched it from

http://www.wusa9.com/story/news/2014/10/31/jesse-matthew-hannah-graham-suspect-court-sex-assault-fairfax-co/18230807/
 
I am not familiar with the US legal system at all, so I have some questions after watching the video of the court. I hope these don't sound dumb.

Is Camblos asking for JLM to be evaluated because he actually thinks he is insane, or because it is just a box that needs ticked? Does this happen in every case of this nature?

Why didn't he enter a plea?

Did anyone else think it was really rude and dismissive of Camblos the way he said "the Graham girl" like she was just some random story he saw last night on the news? Or maybe its tactical, the way he claimed the link was publicity? To me it just made him sound like an insensitive fool.

This is the link I watched it from

http://www.wusa9.com/story/news/2014/10/31/jesse-matthew-hannah-graham-suspect-court-sex-assault-fairfax-co/18230807/
 
Is this going to be a judge who likes to keep his case in the spotlight for all the wrong reasons? Boy, this whole thing seems to be starting out that way. Geez.....
 
My understanding (I'm not a legal type) is that the judge insisted ona PD for the Fairfax case in order to expedite proceedings. There was concern that if the C'ville attorney was trying to represent JM on both VERY serious cases, running back and forth between C'ville and Fairfax, there would be too many requests for continuances and other delays. Also, and this is pure speculation, might it also have been because, if convicted, JM could appeal on the grounds that he didn't receive adequate counsel due to Camblos working two very high profile cases in two venues quite a ways apart?
 
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