It seems to me, that the prosecution is most likely not going to offer any "deals" in this case. Therefore, the only option that Jessie's lawyers have is to plead "guilty" which will most likely end up with a maximum sentence, or plead "not guilty" and worst case get the same maximum sentence that he would have gotten if he plead "guilty". In other words, there is no up side to pleading "guilty" so they may as well come up with the best defense strategy they can and give it a shot. I can't imagine what the defense strategy will be since they don't appear to be going for "guilty by reason of insanity", so it should be interesting. I too hope it will be broadcast on TV.
Does anyone know what a "discovery motion or discovery order" is? Thanks to anyone with more legal knowledge and background.
A motion is a request asking a judge to issue a ruling or order on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response, and the court holds a hearing, at which the parties give brief oral arguments. Other motions are decided by the written submissions alone, without a hearing. However, during a trial or a hearing, an oral motion may be permitted. Then the court issues a ruling (order) which approves or denies the motion. Motions are often made before trials to resolve procedural and preliminary issues, and may be made after trials to enforce or modify judgments. Motions are made in court all the time for many purposes such as to continue a trial to a later date, to get a modification of an order, for temporary child support, for a judgment, for dismissal of the opposing party's case, for a rehearing, for sanctions, and many other reasons. A motion on a factual matter usually will be filed with a supporting affidavit.
Do we know WHY he is solitary? In my limited understanding, when someone is placed in solitary it's b/c they are either suicidal or they have had serious threats made to them by other prisoners....
Isn't it also used as discipline for those who are uncooperative or unmanageable?
Yes. This will be interesting to see what they actually argue in court (defense). I can understand the "what do we have to lose" approach to a certain extent (and you're probably right), but when there is DNA evidence..... oy. I'd think his counsel would be embarrassed to try to argue this. Is it possible they would try to argue he was framed? Oy again. Very interested to see or read how they defend forensic evidence.
I don't know much about law and defense, etc. I'm trying to think what the defense's strategy will be. DNA doesn't lie. I would assume it's skin and blood that was under her nails and the victim is going to testify. Yet, he's pleading not guilty and they're not asking for a psych evaluation. Anyone want to weigh in or speculate?
Why, then, haven't they requested a med eval on him including shaving to look for just that? Seems like it would be too late now. Or can they not do that as part of the investigation?
I don't think that they would have any legal right to do such and even if they did you know he would just make up some off the wall story...after all he did plead NOT GUILTY AS INSANE AS THAT SEEMS! Like anyone is going to believe him.
Like most everyone else, it was surprising to me to hear the "not guilty" plea from JM today! Primarily because of the DNA; but, honestly, over the years I have heard some really bad stories about what turned out to be "false positives". Anyway, I saw this today and I think it would possibly give a shred of hope to someone who would want to fight the type of charges he is facing:
http://www.dailyprogress.com/news/c...cle_a96357c4-6626-11e4-977a-0017a43b2370.html
November 6, 2014 9:45 pm
"A state forensic analysis conducted last month concludes the chances of the DNA profile matching someone other than Jesse Leroy Matthew Jr. are “1 in greater than 7.2 billion,” the latter figure equivalent to the entire world population.
While the forensic analysis does not explicitly match Matthew’s DNA with that of the 2005 attacker, the probability of any other match is “pretty darn remote,” according to UCLA law professor Jennifer Mnookin, an expert in forensic science and DNA profiling.
“It is standard practice in some labs never to say [DNA] absolutely came from any one person,” Mnookin said. “Because fundamentally, it’s probabilistic evidence — they’re being more scientifically accurate.”
The link leaves Matthew’s defense with few options, including either challenging the collection and storage of the DNA evidence or the expertise of the analyst who uncovered the link, said local defense attorney Scott Goodman, who is not working the case.
“The defense may get their own expert to see if there is a different conclusion,” Goodman said. “That’s the only shot you have.”
I wonder how close DNA profiles are among family members? With the odds of anyone else matching being so high, it would seem that a familial DNA connection could totally ruled out, but....it is not an exact science, so who knows?
Albemarle County Sheriff Chip Harding has been pushing for more DNA testing for a while. He says there are now several lawmakers interested in coming up with a bill he thinks will help prevent and solve crimes.
Jesse Matthew has been arrested in connection to Graham's disappearance. His DNA has also been linked to a 2005 rape in Fairfax County. Four years ago Matthew was arrested and convicted of trespassing, but his crime was not serious enough to warrant taking his DNA. Harding says if his DNA had been taken he would have been connected to the rape in Fairfax in 2010 and possibly off the streets.
“If convicted, more than likely he would have gotten a substantial sentence and he would have been sitting in a jail cell when Hannah came down the mall,” said Harding.
Is Matthew charged with rape by foreign object in the Fairfax case? I guess there's no seminal fluid DNA. I wonder why?
Well remember he was scared off by a passerby? Maybe there just was no seminal fluid DNA as I'm not sure he got that far if you know what I mean.
I still think it's partially all about grandma....lol...i mean I think his main concern is how other people view him and of course he can't just admit to trying to kill and rape a woman.I wonder if JLM pled "Not Guilty" against the advice of his attorneys.
I still think it's partially all about grandma....lol...i mean I think his main concern is how other people view him and of course he can't just admit to trying to kill and rape a woman.