JLM Charged in the Hannah Graham Case

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Hoosgirl said:
I'm not sure we know for a fact that the Grahams are against the death penalty? I know there was speculation that was part of the reasoning behind only charging with 1st degree back in February, but I didn't see the prosecutor say anything other than she had discussed it with them and the Harringtons prior to announcing and that she considered the impact on them, the community, etc.
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I think it was Mr. Culver from NBC DC who said the Grahams sat "stoically" in court. Somehow I doubt his victims parents will miss any beats for justice.
 
Suspect in Hannah Graham's death may face death penalty
UPI, May 6, '15 at 12:17 pm

[...]


"These are never easy decisions," Lunsford said. "If I didn't believe that this case were worthy of a capital charge, if I didn't believe that Mr. Matthew were someone that would be appropriate for this ultimate penalty, then we wouldn't be standing here having this conversation."

[...]
 
I get the sense that the Graham's would be willing to set aside their personal belief, if they do in fact oppose the death penalty, (which we don't know for sure) if it's intent was to set the stage for a future plea deal. I believe there are many other families who may have a chance at closure should a plea deal entail providing locations of other victims. The DA indicated that new forensic information became available, but did not specify if it was directly associated to Hannah. Perhaps the new information tied JM to other crimes, as the DA also stated that several factors were considered in up grading charges, including "defendants history." Perhaps they have pieced together a bit more of JM's history, and can now try and leverage the Death Penalty to bring closure to some families. My heart is sad for all the families affected. Hannah's life was taken, but she did not die in vain. Her death brought a means to an end, and her parents may now have an opportunity to extend that end, to many others.
JMO
http://www.usnews.com/news/us/artic...ce-leads-to-capital-murder-charge-in-uva-case


Sent from my iPhone using Tapatalk
 
eileenhawkeye said:
I am not sure how the families being in the courtroom means LE is not trying to get JM to agree to a plea deal?

ABC News is saying the Grahams weren't there:



http://abcnews.go.com/US/wireStory/capital-murder-indictment-returned-uva-slaying-case-30827543
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In your original post you said: "Maybe the prosecution is hoping JM will take a plea deal to not get the DP? Saying that they found new evidence in Feb could just be a way of making him think their case is open and shut".

To me, that implies that prosecution is being less than honest in order to make JLM talk. I dont think prosecution would lead either of the families on like that nor would they give them false hope.

Based on the laws of common human decency, such a subterfuge would have to involve their knowledge and consent. If it didnt that would be unnecessarily cruel, unethical and entirely too complicated IMO.

As far as the Graham's not being there, multiple news outlet are contradicting ABC's story.
 
Capital case: Jesse Matthew to face death penalty for Hannah Graham’s murder
By Graelyn Brashear, C-Ville, Wed, May 6th, '15, 1:42 pm

[...]

Denise Lunsford. Contrary to what was reported in the Washington Post this week, the prosecutor did handle capital cases during her years as a defense attorney here.

[...]

Lunsford confirmed in an e-mail Wednesday that she was also a mitigation expert on a number of other death penalty cases. In that role, she would have served as a kind of biographer for the accused, Heilberg explained. “A mitigation specialist goes back into the defendant’s background and literally finds out what made them who they are today,” he said.


[...]

~ * ~

Capital murder charge could spur Jesse Matthew plea dea
By Neal Augenstein WTOP May 6, 15 12:27 pm

“If nothing else, the charge was amended to increase the leverage on the defense,” says Heilberg, who was part of the defense team for John Allen Muhammad, the Beltway sniper who was executed in Virginia in 2009.


[...]

Lunsford suggest she would be open to a plea deal.

“There’s been no discussions along those lines, but there’s always that possibility, and the Commonwealth is not taking anything off the table at this point,”


[...]

from here
 

Attachments

  • Denise Lunsford prosecutor.png
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zapped said:
In your original post you said: "Maybe the prosecution is hoping JM will take a plea deal to not get the DP? Saying that they found new evidence in Feb could just be a way of making him think their case is open and shut".

To me, that implies that prosecution is being less than honest in order to make JLM talk. I dont think prosecution would lead either of the families on like that nor would they give them false hope.

Based on the laws of common human decency, such a subterfuge would have to involve their knowledge and consent. If it didnt that would be unnecessarily cruel, unethical and entirely too complicated IMO.

As far as the Graham's not being there, multiple news outlet are contradicting ABC's story.
Click to expand...

It may be less than honest, but I am pretty sure it's perfectly legal and LE and prosecutors do it all the time. How is it any different than LE lying to a suspect during interrogations to make them confess? "We know you did it---we have found all this evidence linking you to the scene" ???
 
JDauxa said:
I get the sense that the Graham's would be willing to set aside their personal belief, if they do in fact oppose the death penalty, (which we don't know for sure) if it's intent was to set the stage for a future plea deal. I believe there are many other families who may have a chance at closure should a plea deal entail providing locations of other victims. The DA indicated that new forensic information became available, but did not specify if it was directly associated to Hannah. Perhaps the new information tied JM to other crimes, as the DA also stated that several factors were considered in up grading charges, including "defendants history." Perhaps they have pieced together a bit more of JM's history, and can now try and leverage the Death Penalty to bring closure to some families. My heart is sad for all the families affected. Hannah's life was taken, but she did not die in vain. Her death brought a means to an end, and her parents may now have an opportunity to extend that end, to many others.
JMO
http://www.usnews.com/news/us/artic...ce-leads-to-capital-murder-charge-in-uva-case


Sent from my iPhone using Tapatalk
Click to expand...

If JM gets the death penalty, the Grahams will have to deal with the appeals process, him being one of less than <10 people on Virginia's Death Row, etc. I think it is more than setting aside personal belief, it's deciding if you are ready to deal with all of the "hoopla" that the DP might bring for the rest of their lives. I feel like LWOP will make JM more likely to fade away and be forgotten.
 
eileenhawkeye said:
It may be less than honest, but I am pretty sure it's perfectly legal and LE and prosecutors do it all the time. How is it any different than LE lying to a suspect during interrogations to make them confess? "We know you did it---we have found all this evidence linking you to the scene" ???
Click to expand...

How is it different? The parents and loved ones of victims aren't usually present during interrogations for one. Neither are reporters and other witnesses who are there for the express purpose of reporting news to the public.

As to questions about the Grahams support for the death penalty, I dont understand how any parent (or member of this forum for that matter) could be against it, especially in this case and given the heinous nature of JLMs crimes.

WHY should he be allowed to live out the rest of his life in care and comfort when he so brutally stole that opportunity from Hannah Graham and possibly a dozen others including Morgan Harrington?

There is no place for monsters such as JLM in a just society. Allowing him to live places a greater importance on his life, over that of his innocent victims.

And that is not only completely backwards but its also flat out wrong and downright evil IMO.
 
@PeggyTV

Investigators in Hannah Graham case are in Fairfax courtroom watching #JesseMatthew trial @wusa9
11:19am - 9 Jun 15
 
@AugensteinWTOP

Albemarle Co pros Denise Lunsford tells @coybarefoot only way #JesseMatthew plea in Ffx could affect Hannah/Morgan would be in sentencing.
4:21pm - 10 Jun 15
 
http://ht.ly/OpLW7

Jesse Matthew's Defense Requests Recusal of Albemarle Co. Judge
The defense believes that since the judge's daughter is currently attending UVA that it could compromise Higgins' judgment: Higgins' daughter attended UVA at the same time Hannah Graham did, however there is no evidence that suggests Graham and Higgins' daughter had any contact or knew each other.

The motion also notes that the defense could challenge several search warrants issued in the investigation leading up to the case, because Higgins authorized those warrants. Matthew's lawyers say she shouldn't be the one reviewing their legality.
Click to expand...
 
Well, I guess you have to hand it to the defense for trying everything! They must be wanting the trial postponed, you reckon? Wonder what's next?
 
The prosecution says they won't be ready until Spring/Summer 2016 so I don't know if a motion filed now by the defense will delay the trial. I think the defense is just doing their jobs. Recently, I read the Death Row appeal for Alejandro Avilia, who murdered Samantha Runnion in 2002. The appeal reviewed every aspect of the trial---from showing pictures of Samantha to the jury members chosen to the trial not being moved out of the county. It would only take one mistake made by either side for Avilia to be granted an appeal. I have no doubt that if Matthew is convicted and sent to Death Row, the appeal will bring up the fact that the judge's daughter went to UVA, and if the court doesn't agree that the right decision was made, we'll be hearing about him again. Reading Avilia's appeal made me realize how important it is for the sides to not take shortcuts, to think that you can ignore someone's rights because they are a "monster", because it will come back to haunt you. We can laugh and call the defense desperate, but we won't be laughing in a few years when he is granted a new trial.
 
dotr said:
"Shackled and handcuffed, Matthew showed no expression at Tuesday's hearing. He had been served the new indictment earlier in the day, Lunsford said.

Lunsford said that while the new forensic evidence was crucial, many factors go into pursuing a death penalty case.

“I would consider the nature of the offense, the history of the defendant, the exact nature of what happened,” said Lunsford."

http://www.latimes.com/nation/nationnow/la-na-nn-hannah-graham-jesse-matthew-20150505-story.html
rbbm.
Click to expand...

Interesting wording in that article.

First: "That sample connected Matthew to a 2005 sexual assault in Fairfax County, a Virginia suburb of Washington D.C., according to authorities."
Then: "The DNA evidence in the Fairfax sexual assault, in turn, linked Matthew to the Harrington case, authorities have said."

That would imply that the DNA evidence in the Fairfax assault case that linked to the Harrington case did not come from JM? Otherwise why not just say that his DNA was directly linked to the Harrington case.
 
Judge to consider recusal motion in UVa slaying case

Albemarle County Circuit Judge Cheryl Higgins will consider a defense request that she step down from the case at Thursday’s hearing. Jesse Matthew Jr.’s attorney says in court papers that Higgins approved search warrants that will be challenged at trial. He also notes that the judge’s daughter attends the university.

If Higgins rejects the recusal motion, she may set a trial date.

http://wsls.com/2015/06/25/judge-to-consider-recusal-motion-in-uva-slaying-case/
 
Peggy Fox WUSA9

"...defense team arrives for hearing in Charlottesville..."

about 7 minutes ago

"...attorney Denise Lunsford head to court..."

later, by a few mins


~ * ~

Neal Augenstein, WTOP

Gil Harrington and Albemarle Co detective Mark Belew enter courthouse for... hearing.

about 9 mins ago
~

Prosecution says judge shouldn't recuse herself, even tho judge's daughter was in UVA w #HannahGraham. Judge says daughter didn't know HG.

Pretrial hearing begins here at 2p in Albemarle Circuit Court. #JesseMatthew wants judge Cheryl Higgins to recuse herself.


previously posted


Live blog WTOP
From above:

Family arriving from WTOP clip.png ~ Sis & GF.png


~ * ~

Laura French CBS6/NBC29/...


Accused's

"...family arrives at courthouse for pre-trial hearing in #HannahGraham murder trial.


~ * ~

David Culver NBC/DC

Accused's

"...mom, sister and girlfriend walking into court..."

19 mins ago
 
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