JLM Charged in the Hannah Graham Case

[FindHG]

"Court takes a recess while [perp] talks to counsel. [His] father tells me he knows what's going on but won't say"


Peggy Fox WUSA9
(texts live on this page from trial)

~ 6 mins

 

[FindHG]

"judge opts not to recuse herself from the case"

Dean Seal Daily Progress

~ * ~



[The accused] was sworn in, and waived his right to a speedy trial. Trial in #HannahGraham capital murder case set for July 5, 2016.
4m4 minutes ago

"Higgins: "I think I can review my own decisions. Courts do it all the time."

"[Jugde] "Cheryl Higgins: "I am not going to recuse myself. I do not have a bias. I can be impartial.""

"Higgins: "There is appearance of impropriety on warrants. I will have another judge in circuit rule on those motions""

Pros Lunsford, argument in... : "What is required is some evidence of bias or the public has impression that you have bias."...

"Pros Denise Lunsford ... argument: "It's very difficult to find a judge in Va who has no connection to University of Virginia."...

"lawyer, on appearance of impropriety: "That cloud will always be an issue.""...

"Doug Ramseur, lawyer for... had argued "Virginia judges decide for themselves if they're too biased." He called for recusal."

"With trial date of July 2016, Gil Harrington says it's hard to fathom another year before ... trial."


Albemarle Co prosecutor Denise Lunsford is still open to a plea from #

Neal Augenstein also has a picture of the court artist, Bill Hennessy, working

"Judge in... trial will have other local judge review motions re: search warrants she authorized, but will not recuse herself"


Neal AugensteinJudge sets trial date for as July 5, 2016.



~ * ~

Hannah Graham trial tentatively set for July 2016
Peggy Fox, WUSA 9, 5pm, edt, June 25, '15
Video of Lunsford, Gil Harrington, with more to come.



Commonwealth's Attorney Denise Lunsford
clip of her from Peggy Fox


~ * ~

Judge sets trial date for Jesse Matthew in Hannah Graham case
The four-week trial will begin July 5, 2016
WDBJ7, Nadine Maeser, Jun 25, '15, 5pm
see video more to come with accused's family comments, possibly outside the court.

The defense's motion re: Judge Higgins is explained by Denise Lunsford to the press outside court.

~

"A 4 week trial has been set for ... HannahGraham case. It will begin July 5, 2016. Judge Higgins decided NOT to recuse herself. More details tonight WDBJ7"

Nadine Maeser

~ * ~


Through tears... Morgan Harrington's friend describes how difficult it was coming face with [the perp].

the quote below added later at about 6 pm

...Morgan's friend Linsey: seeing in person "strange experience" Morgan & Linsey Kindergarten."

(see pictures of the two of them Ms. French posted)

Laura French

~

Judge Higgins denied motion to recuse herself from the... Hannah Graham murder case...


"BREAKING Judge sets... trial 7/5/16-7/29/16 @CBS6"



Laura French

~ * ~



"Judge to defense: "Your point is well taken.""...

Defense to judge: "You can't be 'kind of pregnant.' You have to either hear the whole case or none of it.'"...

"Judge says she will, however, have another judge hear the parts of the case relating to the search warrants she signed"...

"Judge: "There are 14,000 students at UVA. My daughter had no connection to"...

Judge Higgins says she will NOT recuse herself from the case - "I do not have a bias and I can be impartial..."

[in sequence check edit for latest time, please]

Defense points out that Judge Higgins signed 25 search warrants in the case, and that she has a daughter who attends UVA...

Defense: "The court must avoid the appearance of impropriety. This is a death penalty case. Somebody's life is on the line."

Defense is making a motion to have Judge Cheryl Higgins recuse herself from the case...


#HannahGraham pretrial hearing has begun. [He's]is wearing an orange jumpsuit and handcuffs..."


David Culver, NBCWashington

(more links on post #200)

 

[FindHG]

Murder trial for Hannah Graham’s alleged killer set for July 2016
By T. Rees Shapiro
June 25 at 6:14 PM

The County of Albemarle's Circuit Court Judge Cheryl V. Higgins

"declined to recuse herself, saying she could “fairly and objectively”

[...judge the case]

But she also ruled that a second Albemarle judge could be brought in “out of an abundance of caution,” to decide any pre-trial motions regarding the use of evidence from search warrants Higgins signed in the early days of the case."

During the hour-long proceedings, ... spoke only once. Dressed in an orange jumpsuit, he stood to waive his right to a speedy trial, struggling to raise his right hand — which was chained to his body — as he was sworn in.

[...]




~ * ~

Jesse Matthew Capital Murder Trial Date Set
Henry Graff, NBC29,
Jun 25, '15, 5:59 pm edt, reports
with video

[...]

"Thursday, Judge Higgins said she will recuse herself from any pre-trial hearings that call into question the legality of search warrants she signed off on."


[...CW Attorney Lunsford said]

"While it's not entirely unusual that different judges hear different pieces of the case, making a contemplative decision before-hand that another judge will handle certain specific issues, it is not entirely typical. I'll just put it that way; I'm sure it's happened before,"


[...8 months of hearings on these dates]

"- August 20 at 1:30 p.m.
- September 30 at 2 p.m.
- November 10 at 2 p.m.
- January 5 at 1:30 p.m.
- March 2 at 1:30 p.m.
- April 19 at 1:30 p.m.
- May 9 at 10 a.m.
- May 25 at 1:30 p.m."​

~ * ~



Court pictures from: WDBJ7 N. Maeser


please check for updates in the news posted below

 

[FindHG]

Judge refuses to drop out of case; sets U.Va. slaying trial
By Larry O'Dell, Associated Press / The Bradenton Times,
4 hours ago

~ * ~

Judge in Hannah Graham Murder Trial Refuses to Recuse Herself: Trial Date Set
Suri Crowe, WSET ABC3,
Jun 25, '15 5:13 pm edt, reports

[...]

Judge Higgins will recuse herself from hearing motions related to search warrants she signed in the Hannah Graham case, of which there are 12.



~ * ~

Albemarle trial date set for Jesse Matthew; judge to remain on case
By Dean Seal, The Daily Progress,
Thursday, June 25, 2015 7:30 pm writes of

"A timeline is forming"

[... for ]

a month-long jury trial scheduled to begin July 5, 2016. Prosecutors are seeking the death penalty.

[... according to Judge Higgins]

“The University of Virginia is not the victim in this case,”

[... stating]

"that the comparable circumstances between her daughter and Graham were “just a similarity,” rather than a cause for bias."

[... CW Attorney, Lunsford stated that]

only five of the 25 warrants Higgins signed were directly related to ... , and that... would have “no standing” to dispute the validity of warrants obtained for Graham or a third party’s information.

“The commonwealth believes that it’s equally important for the community to know that the matter is being presided over by a judge that is within this community, that is responsible to this community,”

[Mr. Seal mention that Aug. 20', the 1st of 8 hearing is scheduled, with each hearing about 6 to 8 wks apart and that the defense says it will be a 4 wk trial, with 1 wk set for jury selection...]

"unclear whether... will remain in the county or be returned to a jail cell in Fairfax County,"

Photo by Ryan M. Kelley of the The Daily Progress

 

[alexwood]

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.

As best I understand it, these are the details:
At the time of the Fairfax assault, DNA evidence was collected and entered into the database. However, the identity of the individual linked to sample was "unknown" at that time. Later, in the Morgan Harrington case, the DNA collected from Morgan's Pantera T-Shirt, that she wore to the Metallica concert the night she disappeared, matched the "unknown" DNA sample from the Fairfax assault case. But the identity of that individual still was not known. Same person, but not able to put a name to the two DNA samples. Finally, with Hannah Graham, the missing link (#3) was supplied. Since Hannah was last known to have been seen with JL Matthew, he was arrested in Galveston, TX, and charged in her disappearance with "abduction with intent to defile" -- a felony. Since he was charged with a felony, LE was allowed to collect his DNA, which was done by scraping the cheek area inside his mouth (known as a "buccal swab"). That sample was entered into the database and found to match the two other DNA samples from both the Fairfax assault case, and from Morgan Harrington's T-Shirt. Now, the source of the unidentified DNA samples could be linked to JL Matthew, and more importantly, JL Matthew could be identified as the perpertrator in the Fairfax assault case and the murder cases of Morgan Harrington and Hannah Graham.
[Note: Please understand that this is only my interpretation and I am no scientist! Please feel free to correct/clarify, as needed!]​

 

[EmmaRose]

It is a shame that Hannah lost her life. She was (is) such a bright star and an exceptional human being. At least her death was not in vain in that Matthews was finally connected to the Fairfax victim and Morgan. Hannah's case particularly affected me because of the video showing JM with her prior to the attack. I still want to be able to warn her. My heart aches for her family, and for all of Matthew's victims and families. It is a small consolation that he will be locked up for good. That won't bring Hannah and Morgan back. Such a tragedy.

 

[JDauxa]

http://wtvr.com/2015/07/16/search-warrants-reveal-no-blood-found-in-dna-from-jesse-matthews-car/


Sent from my iPhone using Tapatalk

 

[JDauxa]

https://mobile.twitter.com/lfrenchnews/status/621859105788051456


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[dotr]

https://mobile.twitter.com/lfrenchnews/status/621859105788051456


Sent from my iPhone using Tapatalk

https://localtvwtvr.files.wordpress.com/2015/07/office-of-ca-jm.png

 

[observation]

http://m.roanoke.com/news/virginia/...625-10e1-59fd-a950-1037be25cd7e.html?mode=jqm

12 motions filed by JLM defense.


Sent from my iPhone using Tapatalk

 

[observation]

http://m.dailyprogress.com/mobile_adv/

Lunsford responds to the defense motions.


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[Steleheart]

Of particular importance to me are the documents the prosecutor filed, specifically the one pertaining to the display of support for Hannah and her family.

"Freedom of expression and speach, including the rememberence of the victim in this case, is important to members of the community and is protected by the First Amendment of the united States Constitution.
A courthouse is not a public forum and the court certainly has the right to restrict expression within the courtroom in order to ensure a fair and orderly trial. However, Defendant has not identified any prejuditial or disorderly expressions or displays in the hearings that have occured in this case.
It would be premature to issue a blanket order banning all such expressions or displays within the courtroom before any prejudicial expression has been identified and before a jury has been empaneled."
http://bloximages.newyork1.vip.town...-11e5-94e5-3f882101b8cb/55cd03500efc3.pdf.pdf

Hanna's inalienable right to Life, Liberty, and the Pursuit of Happiness as well as all of her Constitutional Rights were stolen from her. While we allege that this apparent rapist / murderer is responsible, it should well be known that the court cannot restrict the constitutional rights of the living without good cause within a courtroom to ensure order. It has been noted that lapel pins were worn to remember Hannah. It was not like signs, protests and T-Shirts emblazoned with DEATH PENALTY FOR JESSE MATTHEW or some such thing were displayed in the hearings. If so I would agree to not allow it.

Such is not the case. IMO this defense is grasping at straws. There are no other avenues to pursue.

From : http://www.dailyprogress.com/news/c...cle_03a1f6c4-4217-11e5-84f1-e3b730e4839a.html

 

[Dr. Know?]

I guess there's not a trial thread? JM was in court for all the motions filed. Most were denied.

Laura French ‏@lfrenchnews · 2h2 hours ago
BREAKING: #JesseMatthew hearing testimony: map found in his vehicle in TX with markings that he was headed for Mexico. @CBS6

Dean Seal ‏@JDeanSeal · 2h2 hours ago
So far in #JesseMatthew pretrial hearing, court has denied a motion to let JM dress casual and be unshackled outside of the jury's presence

Neal Augenstein ‏@AugensteinWTOP · 2h2 hours ago
#JesseMatthew smiled broadly and nodded to family and his girlfriend as he entered the courtroom

C-VILLE News Desk ‏@cvillenews_desk · 1h1 hour ago
Though Judge Higgins requires #JesseMatthew to remain handcuffed, he is still able to take notes and write messages for his attorney.

Kristin Smith ‏@kristin8news · 35m35 minutes ago  Charlottesville, VA
Judge denies gag ordering the #JesseMatthew case.commonwealths Attorney will be allowed to talk with media as case proceeds.

NBC29 ‏@NBC29 · 34m34 minutes ago
#JesseMatthew motions hearing just wrapped up. Judge denied defense-requested gag order. Full details on-air at 5 and 6.

Neal Augenstein ‏@AugensteinWTOP · 26m26 minutes ago
Lawyers for #JesseMatthew told judge they need 250 potential jurors. Prosecution agreed. Trial is in 11 months -- July 2016.

NBC29 ‏@NBC29 · 2h2 hours ago
BREAKING: Judge denies #JesseMatthew defense request to ban insignia/clothing or items with victim's picture, name, etc. ahead of trial. (also read judge would revisit this closer to trial time)

Neal Augenstein ‏@AugensteinWTOP · 18m18 minutes ago
Before hearing, mother of #MorganHarrington called #JesseMatthew "a back-to-school rapist" since all suspected attacks were Sept/Oct.

Neal Augenstein ‏@AugensteinWTOP · 26m26 minutes ago
In small win for #JesseMatthew, judge ordered prosecution not be present w-o prior notice when defense examining physical evidense

Neal Augenstein ‏@AugensteinWTOP · 24m24 minutes ago
When #JesseMatthew showed media reports re link btwn Hannah/Morgan, Lunsford: "It's really inappropriate to mix these two."

Neal Augenstein ‏@AugensteinWTOP · 23m23 minutes ago
#JesseMatthew judge said she didn't have authority to bar Va State Police, Fairfax, Charlottesville from commenting on #HannahGraham

#jessematthew on twitter

 

[dotr]

He looks younger ( yet more diabolical) in this pic.imo

http://wsls.com/2015/08/20/judge-to-consider-pretrial-motions-in-u-va-murder-case/

 

[Steleheart]

"For Gil Harrington, the mother of Morgan Harrington, the Virginia Tech student who was killed in 2009 and whose case has been linked to Matthew through DNA, the defense's request to ban "tokens and insignia" from the courtroom is problematic.

"That's what victims' families have," said Harrington. "All we've got are tokens and insignia. And we're going to be pretty reluctant to let go of them."

"Harrington and supporters of Hannah Gram's[sic] family have made pins with the initials H.G. for Hannah Graham, and the Harrington family has long used dots in the pattern of "2-4-1," the family's special code for "I love you 2 much, 4-ever, and 1 more time."


http://www.newsplex.com/home/headli...ng-on-Matthews-Defense-Motions-322339111.html

ETA - also posted in Morgan Harrington thread;
http://www.websleuths.com/forums/sh...gan-Harrington-murder&p=12012125#post12012125

Mods can move if appropriate but the link is important IMO.


MOO

 

[eileenhawkeye]

I'm surprised they aren't asking for more than 250 jurors. In the Heather Elvis case, the state requested 800 jurors. I'm not saying that 250 is too low, just that for such a high profile case, you would think either side would feel like they needed many more.

 

[FindHG]

He looks younger ( yet more diabolical) in this pic.imo

http://wsls.com/2015/08/20/judge-to-consider-pretrial-motions-in-u-va-murder-case/
View attachment 80314

Seems pathetically odd but true to form for a "back to school rapist".


Matthew enters courtroom smiling, judge denies most pretrial motions during hearing
Ananda Rochita, WSLS 10 reports
on August 20, '15, @ 8:43 pm

Gil Harrington who wore Hannah Grahams's favorite color, orange, after watching the court proceedings today, said she

"wanted her presence to be like white hot flame in that courtroom."

~

Judge: UVa murder defendant must wear jail clothing for now
Nadine Maeser, WDBJ7, reports
11:31 pm edt Aug 20, 15

'They are planning to seat 12 jurors and have 4 alternates.'

Earlier report right after court
http://www.wdbj7.com/news/local/jud...motions-in-hannah-graham-murder-case/34823028

~

Suspect in Hannah Graham’s slaying was heading to Mexico, officer says
By T. Rees Shapiro, The Washington Post,
August 20, 7:04 pm

Albemarle County police officer said that [the perp] had maps indicating he was heading for Mexico in his sister’s car, WTOP’s Neal Augensteinreported.

[...]

"Matthew’s capital defender, Douglas Ramseur, also had sought a gag order in the case, but Higgins ruled that Albemarle County Commonwealth’s Attorney Denise Lunsford would be allowed to discuss the case with the news media."

~

Neal Augenstein, WTOP

"Where was [he] headed when he was on the run? We found out today."
from here

'he was 6 hours away' from the Mexican border.

~

Jesse Matthew must wear jail clothes for Hannah Graham murder trial
WTOP, By The Associated Press
August 21, 2015 5:55 am

~

Judge Decided on Several Requests from Jesse Matthew's Attorneys in Court
Katie Brooke, WSET, reports
Posted: Aug 20, 2015 2:38 pm edt (paraphrased)

"A sergeant testified that he was a flight risk... and that he would be much harder to find if he were to escape'

in civilian clothes

Also, that

'there are hundred of pieces of evidence'

~

Judge Issues Rulings in Pre-trial Hearing for Jesse Matthew Case
Cat Boardman, NBC29, reports
August 20, '15 9:51 pm edt

Gil Harrington said

“What is my intent? My intent is to honor Hannah. It's not to prejudice anybody. There's no jury in the courtroom,” she said

However, some say [he] has already been judged.

“They want him to be in shackles and prison clothes. That image alone will cause so many people to prejudge,” said Maxine Holland. She added, “It is true, he is innocent until proven guilty. We cannot forget that.”

~

Albemarle judge denies most defense motions for Jesse Matthew
By Dean Seal, The Daily Progress
Thursday, August 20, '15 8:26 pm

Surrounded by 10 deputies, [he], clad in a gray prison jumpsuit, sat in chains Thursday during the first of eight motions hearings preceding his trial next summer.
[...]

"The prosecution also called [a sergeant] of the county police department to the stand. As one of the investigating officers in the [his] case, [sgt] testified that it would be “impractical and unsafe” to allow [him] to be unrestrained during the case,"

[... the defense lawyer, Ramseur he feared that]

"having an officer or prosecutor present during evidence examination could reveal too much of the defense’s strategy in court, saying he didn’t want to perform evidence reviews “under a microscope,” but the prosecution noted that the court had “no legal authority” to supersede the county police’s policies regarding evidence examination."

[...]

~

Judge denies majority of Jesse Matthew’s defense motions
Laura French and Alix Bryan, CBS6 News/WTVR report linked to pictures too
tonight about 10 pm

In a hearing that lasted almost three hours

[...]

"the Commonwealth has hundreds of evidence in this case... and in the end the judge ruled that they needed to stick to policy in this case."

~

Pretrial motions made for Jesse Matthew case
By Kristin Smith, 8News / WRIC, reports
August 20, '15, 7:32 pm

"The judge denied the gag order but advised the Commonwealth’s Attorney to be very careful about what she says to the press."



http://washington.cbslocal.com/2015/08/20/judge-uva-murder-defendant-must-wear-jail-clothing/

http://www.nbcwashington.com/news/l...ial-Motions-in-UVa-Murder-Case-322374482.html

 

[jrporter]

He looks younger ( yet more diabolical) in this pic.imo

http://wsls.com/2015/08/20/judge-to-consider-pretrial-motions-in-u-va-murder-case/
View attachment 80314

I was in the courtroom for yesterday's hearings (seated directly in front of Gil Harrington) and thought the same. Without his beard, JM looks younger and less potentially menacing. WTOP's headline is inaccurate and contradicted by the first line of their own story. JM will continue to wear jail apparel to court hearings only when no jurors are present....

 

[SweetT]

THis guy makes me sick. Wonder if they've been able to connect other murders with him yet besides Harrington. Still betting there will be some more.

 

[jrporter]

I wonder if he'll end up pleading out in exchange for taking the death penalty off the table; and he'll confess to other serious crimes he's committed with an all encompassing sentence of life without parole...