Fancynancy
Member
- Joined
- Oct 27, 2014
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What comment regarding COD was the prosecuter referring to?
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I believe the prosecutor said with the 1st degree murder charge and intent to defile JM would be facing 20 to life.
Confused...Doesn't the charge of Murder with the stipulation of Intent to Defile constitute Capital Murder charges in Virginia? Why only 1st Degree Murder when there is also an Intent to Defile charge?
Confused...Doesn't the charge of Murder with the stipulation of Intent to Defile constitute Capital Murder charges in Virginia? Why only 1st Degree Murder when there is also an Intent to Defile charge?
First degree murder vs capital murder here signifies there is evidence we do not know about. Signifies that the action could have acted quickly - but he acted out of emotion. What they cannot prove is if there is no solid evidence of Jesse Matthew's extensive premeditation - except for in his mind - they cannot charge him with capital murder. Meaning, they have searched his computer & technology, found no necessary information signaling that he was planning her death. First Degree signifies that emotional stress or non-extensive planning were at play. Here's where I am confused though. If someone is murdered through the act of rape, in Virginia - that is capital murder. Complete disregard for human life while taking it during the commission of an aggravated sexual assault or abuse. Intent to defile - did he defile or not? Because if he did, and they can prove through testing that took place, it would certainly, here in this state, be capital murder. They're missing evidence or there is a piece in the puzzle. Something that we suspect might not have actually occured. For her sake. Bless her family. Ugh, this is tragic.
This is an excellent point. Read section 1 of the Capital Murder part of the VA Code: https://vacode.org/18.2-31/
It specifically lists intent to defile... unless they aren't confident about that charge sticking, there's no reason he shouldn't be charged with Capital Murder.
The Grand Jury Indictment states: That JM "willfully, maliciously, deliberately, and with premeditation" killed and murdered Hannah Graham.
The charges are Abduction with intent to defile - 20 to life, and First degree murder - 20 to life.
Capital murder in VA;
https://vacode.org/18.2-31/
There are 15 different stipulations and JLM doesn't meet them IMO