JLM Charged in 2005 Farifax Rape Case

[Charlie Chan]

From all of the accounts that I have read, there was no "passerby" per se. There was someone in the townhomes where the attack too place and who came outside and called out not once,but twice, upon hearing screams. I think (JMO) that THIS is the person who scared off JLM. If there were a true passerby, I would think that the passerby would have assisted the victim. As it were, the victim came to and found her way to the door of one of the residents there.

 

[CoolJ]

From all of the accounts that I have read, there was no "passerby" per se. There was someone in the townhomes where the attack too place and who came outside and called out not once,but twice, upon hearing screams. I think (JMO) that THIS is the person who scared off JLM. If there were a true passerby, I would think that the passerby would have assisted the victim. As it were, the victim came to and found her way to the door of one of the residents there.

Hmmm.. Many, many reports refer to this person as a "passerby" not a neighbour. But that makes more sense. I really hope that LE knows who this is and they are going to testify.
CharlieChan, do you have a link stating this person called out twice? Don't recall reading that.

Also, anyone have any idea why FBI would have been involved in this case. That's odd isn't it?

 

[ILOKAL]

Hmmm.. Many, many reports refer to this person as a "passerby" not a neighbour. But that makes more sense. I really hope that LE knows who this is and they are going to testify.
CharlieChan, do you have a link stating this person called out twice? Don't recall reading that.

Also, anyone have any idea why FBI would have been involved in this case. That's odd isn't it?

I don't know why the FBI was involved unless it's because the victim was visiting from another country (as I understand).

 

[ksj3]

Hmmm.. Many, many reports refer to this person as a "passerby" not a neighbour. But that makes more sense. I really hope that LE knows who this is and they are going to testify.
CharlieChan, do you have a link stating this person called out twice? Don't recall reading that.

Also, anyone have any idea why FBI would have been involved in this case. That's odd isn't it?

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

I think this is the article you're looking for/referring to. "She screamed and fought. A neighbor heard her cries and walked to the edge of his driveway. He could hear her, but couldn't see what was going on. The attacker dragged her even farther into the darkness, but the neighbor didn't give up, remaining at the end of his driveway, searching. Spooked, the suspect fled, leaving behind crucial DNA evidence in the blood and skin under his victim's fingernails. "

 

[ExpectingUnicorns]

From all of the accounts that I have read, there was no "passerby" per se. There was someone in the townhomes where the attack too place and who came outside and called out not once,but twice, upon hearing screams. I think (JMO) that THIS is the person who scared off JLM. If there were a true passerby, I would think that the passerby would have assisted the victim. As it were, the victim came to and found her way to the door of one of the residents there.

Charlie, I must have read the same article that you did as I, too, remember all those details. I've searched for it and haven't found it yet but here's one that says it was a neighbor that alerted on the situation ~ not a passerby.

"She screamed and fought. A neighbor heard her cries and walked to the edge of his driveway. He could hear her, but couldn't see what was going on. The attacker dragged her even farther into the darkness, but the neighbor didn't give up, remaining at the end of his driveway, searching."

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

 

[ExpectingUnicorns]

:sorry: Sorry, ksj3, I see you posted the same thing while I was still searching.

 

[Evie Ivy Over]

I live near the area where this occurred...do we know why he was in the area at that time? Although close to George Mason University, that specific area is not exactly where one hangs out or even pinpoints to visit. It's not far off from Rt. 29 and a major interstate, a mall and a couple of hotels, but that's about it. Perhaps we'll find out when the trial starts in March...

If it's him, he may have been visiting a relative who might have been living in the area.

(I did find someone who lived in very close proximity, but not able to locate the time frame of that residency.)

 

[Fancynancy]

How do you figure 7 of 13, conductor? I count 15 of 16 with one being inclusive. Jmo

 

[jamicat]

The article about the neighbor who heard suspicious sounds has a lot of opinion in it. How anyone knows that the rapist was "spooked" by the neighbor is beyond me. That is absolutely a presumption. If LE stated this, it's to build a base for attempted murder, IMO, as it gives the appearance that the only reason, the victim was not killed was because he was interrupted. For all anyone knows, the rapist might not have even been aware of the neighbor, and he may had no intent to kill his victim. To prove that this is attempeted murder is going to be an uphill fight, IMO. JM is s big strong guy and he could have snapped her neck if he so desired.

The DNA evidence appears very strong to me. The big issue comes down to whether the victim will indeed come forward and testify. LE and the DA's office often have made that claim even as they know that the victim is not going to show up, in order to get the perp to plead guilty or deal It comes down to a game of "chicken" because if the victim backs down and doesn't testify, the case can go down the tubes. On the other hand, it's a huge issue for the defense, since if the victim does show up, the chances for a conviction sky rocket and it's very doubtful JM will walk on this one. It can go right down to the wire on this one.

I hope the victim does show up and nail JM. However, until it happens, I remain dubious that she will do so.

 

[Conductor71]

How do you figure 7 of 13, conductor? I count 15 of 16 with one being inclusive. Jmo

Strangely enough, when I posted there was only the top table with half the loci on my screen. Adobe has been really wonky on my PC of late. A week ago, I did not even know there were any pages from that report beyond the first; then I got partial images, and just in saving the analysis to my desktop did it all come together. Sounds incredulous, but I wasn't willfully trying to look like a doofus who cannot count. lol

Apologies to Ralph too for being so ignorantly stubborn

Speaking of weird things, the likelihood that with fingernail scrapings, they were able to get single source DNA of extremely high quality (little to no degradation) is incredible. Then JM matches nearly ALL the loci? Wow. Divine intervention, IMO. LE has been incredibly fortuitous in all this, I must say. Yes, they have worked hard, but the gods sure seem to be smiling down on them. With that DNA match why aren't they announcing murder charges on HG and MH at this point.

 

[4MYGUYS]

The article about the neighbor who heard suspicious sounds has a lot of opinion in it. How anyone knows that the rapist was "spooked" by the neighbor is beyond me. That is absolutely a presumption. If LE stated this, it's to build a base for attempted murder, IMO, as it gives the appearance that the only reason, the victim was not killed was because he was interrupted. For all anyone knows, the rapist might not have even been aware of the neighbor, and he may had no intent to kill his victim. To prove that this is attempeted murder is going to be an uphill fight, IMO. JM is s big strong guy and he could have snapped her neck if he so desired.

The DNA evidence appears very strong to me. The big issue comes down to whether the victim will indeed come forward and testify. LE and the DA's office often have made that claim even as they know that the victim is not going to show up, in order to get the perp to plead guilty or deal It comes down to a game of "chicken" because if the victim backs down and doesn't testify, the case can go down the tubes. On the other hand, it's a huge issue for the defense, since if the victim does show up, the chances for a conviction sky rocket and it's very doubtful JM will walk on this one. It can go right down to the wire on this one.

I hope the victim does show up and nail JM. However, until it happens, I remain dubious that she will do so.

I really believe she will testify. I think she understands the seriousness, and will not let JM go unpunished. She knows she was just lucky.

Also, JM choked her to unconsciousness, and I think he DID think he killed her. He just couldn't be sure because he was interrupted.
I don't think he left anything to chance after this. JMHO

 

[Conductor71]

The article about the neighbor who heard suspicious sounds has a lot of opinion in it. How anyone knows that the rapist was "spooked" by the neighbor is beyond me. That is absolutely a presumption. If LE stated this, it's to build a base for attempted murder, IMO, as it gives the appearance that the only reason, the victim was not killed was because he was interrupted. For all anyone knows, the rapist might not have even been aware of the neighbor, and he may had no intent to kill his victim. To prove that this is attempeted murder is going to be an uphill fight, IMO. JM is s big strong guy and he could have snapped her neck if he so desired.

The DNA evidence appears very strong to me. The big issue comes down to whether the victim will indeed come forward and testify. LE and the DA's office often have made that claim even as they know that the victim is not going to show up, in order to get the perp to plead guilty or deal It comes down to a game of "chicken" because if the victim backs down and doesn't testify, the case can go down the tubes. On the other hand, it's a huge issue for the defense, since if the victim does show up, the chances for a conviction sky rocket and it's very doubtful JM will walk on this one. It can go right down to the wire on this one.

I hope the victim does show up and nail JM. However, until it happens, I remain dubious that she will do so.

Great analysis. They do have that DNA, but that too is open to scrutiny and interpretation.

I have wondered about all the charges, frankly. I know it comes down to legal definitions but how is dragging a person to a more secluded spot considered kidnapping or abducting?

There also seems to be a lesser charge in the sexual assault category? He did not force her into intercourse.

Attempted capital murder? How do they prove pre-meditation unless he confessed to planning and/or stalking her?

From what I have read, even if the victim did return (I think that is a huge IF), her testimony would be questionable based on elapsed time and trauma which impacts recall.

I think their case would be exponentially improved if that passerby who scared him off ever offered a witness statement or agreed to testify.

 

[Charlie Chan]

Great analysis. They do have that DNA, but that too is open to scrutiny and interpretation.

I have wondered about all the charges, frankly. I know it comes down to legal definitions but how is dragging a person to a more secluded spot considered kidnapping or abducting?

There also seems to be a lesser charge in the sexual assault category? He did not force her into intercourse.

Attempted capital murder? How do they prove pre-meditation unless he confessed to planning and/or stalking her?

From what I have read, even if the victim did return (I think that is a huge IF), her testimony would be questionable based on elapsed time and trauma which impacts recall.

I think their case would be exponentially improved if that passerby who scared him off ever offered a witness statement or agreed to testify.

DNA + identification + victime testimony = solid case

 

[ILOKAL]

Great analysis. They do have that DNA, but that too is open to scrutiny and interpretation.

I have wondered about all the charges, frankly. I know it comes down to legal definitions but how is dragging a person to a more secluded spot considered kidnapping or abducting?

There also seems to be a lesser charge in the sexual assault category? He did not force her into intercourse.

Attempted capital murder? How do they prove pre-meditation unless he confessed to planning and/or stalking her?

From what I have read, even if the victim did return (I think that is a huge IF), her testimony would be questionable based on elapsed time and trauma which impacts recall.

I think their case would be exponentially improved if that passerby who scared him off ever offered a witness statement or agreed to testify.

I think it goes something like this. If a person is moved from Point A to Point B against their will it is considered kidnapping. In this case, being carried or dragged while screaming by a stranger would qualify, IMO

 

[Conductor71]

I hope the victim does show up and nail JM. However, until it happens, I remain dubious that she will do so.

I don't mean to be obnoxious in bringing this up, but I have wondered... The neighbor described the victim as feeling more comfortable speaking Urdu, and the people she visited were described as a devout Muslim family or couple. I can't help but question whether the victim is also Muslim? This may have a huge impact on her returning or not, and I also am curious as to how this factored into everything else. Was she wearing any sort of hijab? That would make it even weirder for JM to attack her IMO given how he is religious.

If Muslim, are there not religious laws involved in reporting a sex crime as well? I do not mean to be offensive, but it seems even more heroic of her to come forward in that she was not a citizen, and that she may have faced religious repercussions in reporting the assault.

 

[Charlie Chan]

I don't mean to be obnoxious in bringing this up, but I have wondered... The neighbor described the victim as feeling more comfortable speaking Urdu, and the people she visited were described as a devout Muslim family or couple. I can't help but question whether the victim is also Muslim? This may have a huge impact on her returning or not, and I also am curious as to how this factored into everything else. Was she wearing any sort of hijab? That would make it even weirder for JM to attack her IMO given how he is religious.

If Muslim, are there not religious laws involved in reporting a sex crime as well? I do not mean to be offensive, but it seems even more heroic of her to come forward in that she was not a citizen, and that she may have faced religious repercussions in reporting the assault.

My hunch, based upon numerous comments from LE about the victime and her eagerness to assist, is that she will be flown back to Virginia (and is willing to do so) to testify againt JLM...to look him in his evil, sadistic face and to point at him and say "him, he is the one". LE has made so many comments about the victim's willingness to assist that I can't imagine another scenario. JMO and I hope to God that I am right. Every rape/torture/attempted murder victim should have the ability to face her attacker and point him out in front of a judge/jury.

 

[Evie Ivy Over]

My hunch, based upon numerous comments from LE about the victime and her eagerness to assist, is that she will be flown back to Virginia (and is willing to do so) to testify againt JLM...to look him in his evil, sadistic face and to point at him and say "him, he is the one". LE has made so many comments about the victim's willingness to assist that I can't imagine another scenario. JMO and I hope to God that I am right. Every rape/torture/attempted murder victim should have the ability to face her attacker and point him out in front of a judge/jury.

I believe LE will do everything in their power to get her back for the trial, and I'm sure they'll sweeten the pot if she is at all hesitant. However, I don't think that she will positively ID him is a slam dunk...I've seen several pictures of men who look more like the sketch than JM does...and there's the time factor, IMO he looks like a different person today than he did in his earlier photos. However, if there is a certain characteristic that she remembers that matches him, that would be a different story. They need this witness to get a conviction if the case is defended properly, but even with her there may be problems, IMO.

 

[SolverGameChanger]

I don't mean to be obnoxious in bringing this up, but I have wondered... The neighbor described the victim as feeling more comfortable speaking Urdu, and the people she visited were described as a devout Muslim family or couple. I can't help but question whether the victim is also Muslim? This may have a huge impact on her returning or not, and I also am curious as to how this factored into everything else. Was she wearing any sort of hijab? That would make it even weirder for JM to attack her IMO given how he is religious.

If Muslim, are there not religious laws involved in reporting a sex crime as well? I do not mean to be offensive, but it seems even more heroic of her to come forward in that she was not a citizen, and that she may have faced religious repercussions in reporting the assault.

Perhaps there was an article describing in detail the victim. I did not know of any specific description so my apology if I appear misguided.

When making the assumption about the victim I believe it is wise to consider how people have a varying idea on how to practice their faith and adapt to a foreign culture. Some people simply adapt to western culture and while at home return to the standards of their culture of origin. This is especially true of a young person visiting another country or town. In a compared manner, a person from the U.S. may live in the Middle East and dress conservatively even though they have no particular faith because of the expectations of that culture.

Does it seem reasonable to be cautious when placing a particular image of the victims character or manner.

 

[4 Free Speech]

I don't mean to be obnoxious in bringing this up, but I have wondered... The neighbor described the victim as feeling more comfortable speaking Urdu, and the people she visited were described as a devout Muslim family or couple. I can't help but question whether the victim is also Muslim? This may have a huge impact on her returning or not, and I also am curious as to how this factored into everything else. Was she wearing any sort of hijab? That would make it even weirder for JM to attack her IMO given how he is religious.

If Muslim, are there not religious laws involved in reporting a sex crime as well? I do not mean to be offensive, but it seems even more heroic of her to come forward in that she was not a citizen, and that she may have faced religious repercussions in reporting the assault.

I may be way off track here, but I am looking for commonalities.

This is a national story, yet, I only read a few vague writings on the memorial chalkboard. one of which was "may allah forgive all".

http://washington.cbslocal.com/2014/10/28/memorial-erected-at-uva-in-honor-of-hannah-graham/

 

[Evie Ivy Over]

We're not there yet, but there's more and more evidence that DNA forensics still have a whole lot of room for improvement. For me, I saw a program on this case a few years ago, and a shadow of doubt on DNA profiling was cast for me..I wouldn't be a very good juror for a case based on DNA as the primary piece of evidence:

She's Her Own Twin
Aug. 15, 2006
http://abcnews.go.com/Primetime/shes-twin/story?id=2315693

...DNA tests were considered infallible -- the gold standard in court. DNA showed that Fairchild's genetic makeup did not match that of her children.

It's a rare condition called chimerism, with only 30 documented cases worldwide.

They claim it's rare, but how in the world do they know that? The two cases in the story were found due to rare circumstances...

Not sure if this of OT, but in the discussion of DNA and crime, I think it's pretty interesting.