JLM Charged in the Hannah Graham Case

[Faithandhope]

Is it possible they didn't do Capital charges because they do not want to put the DP on the table until they are sure they have found all victims? Is it possible he is cooperating to some degree and the offer was to take the DP off the table?

1st Degree Murder and Abduction with Intent to Defile together, make Capital charges https://vacode.org/18.2-31/, right? Is there any scenario where the two don't? (These might be highly uninformed questions, please excuse me if they are!)

 

[Steleheart]

Quoting my own post, sorry

IMO the difference is that the intent to defile is provable with the abduction charge but not with the murder charge. Depends on the evidence


ETA, Actually I'm stumped.
"1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as defined in § 18.2-48, when such abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction"Go to the link and Mouse Over the word 'intent' in the first stipulation. I can't paste it.

:cow:

§ 18.2-48. Abduction with intent to extort money or for immoral purpose;
https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-48

"Abduction (i) of any person with the intent to extort money or pecuniary benefit, (ii) of any person with intent to defile such person,..."


So it looks as though the abduction charge can prove 'intent'

But the Murder charge cannot prove 'intent'

 

[Steleheart]

https://vacode.org/18.2-31/


From the link, when you mouse over words you see a bubble with a definition; Mousing over intent in the definition of capital murder reads:

"A state of mind wherein the person knows and desires the consequence of his act which, for purposes of criminal liability, must exist at the time when the offense is committed"

 

[whiskers]

This makes sense. Although I'm still confused why it's not capital murder, but I somewhat understand with this scenario. And do we think they will start investigating JLM and MH connections?

I missed the press conference. Out of curiosity, who were the VA affiliate anchors that were talking over each other? Roanoke? Lynchburg?

If prosecutors and investigators strongly feel that JLM abducted HG that night from the mall, and willingly transported her to an undisclosed location, it could have went like this. He wanted to perform a sex act but she insisted she didn't want to. He said that they could go on a ride or maybe he enticed her with alcohol. Once she agreed to go with him, he took her to the undisclosed location to perform the act. Something occured, maybe a struggle, and her life ended as a direct cause of the struggle. That would be 1st degree murder if no evidence has been found of rape. Very eerily similar to the manner in which MH's remains were found. Except something else was found with the remains of MH. Something that suggests a sex act occured. They might not have this here. They might be moving to indict him on capital murder charges of MH, they just haven't arrived to that yet.

This is all stated IMO.

 

[Whiteorchids]

No DP? Serial rapist and murderer. If this case doesn't warrant DP then I seriously have lost complete faith in our judicial system.

What a slap in the face to the family of the victims. This has ruined my day.

 

[whiskers]

I know, I don't get it either. Is it not DP simply because they didn't find any evidence of him planning it?? It is a slap in the face.

 

[klily444]

Perhaps Hannah's family doesn't believe in the DP or they didn't want to go through a capital murder trial? They did mention they consulted with the family and would not expound on it.


Sent from my iPhone using Tapatalk

 

[Conductor71]

I know, I don't get it either. Is it not DP simply because they didn't find any evidence of him planning it?? It is a slap in the face.

They simply do not have evidence to support a charge of Capitol Murder which is required for a DP charge.

The definition of CM in VA:

In Virginia there are three classes of murder: capital murder, first-degree murder, and second-degree murder. Capital murder is the most serious type of homicide because it is planned and done on purpose with some type evil intent. -

See more at: http://statelaws.findlaw.com/virginia-law/virginia-murder-laws.html#sthash.elsWhc97.dpuf


First-degree Murder:

It is first degree murder to kill another by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary, or abduction.

(Same source as above)

In other words, he may have attempted to rape her, and in the process killed her. Or, (this has been my opinion) he intended to rape her; he could have killed her after having abducted her, and that shows some level of premeditation. However, it does not show extensive level of pre-planning and/or stalking required to be considered Capital Murder. Given her state of intoxication she could have passed out or yes, even been left alone by him somewhere and died of alcohol poisoning. The charge means IMO that they have little hard (DNA) evidence to go on. Without any sort of toxicology report, I think the prosecutor has her work cut out for her.

It will be interesting to see what gets leaked to the press in the days to come.

 

[Fancynancy]

I'm thinking the abduction charge is circumstantial and if the jurors don't believe there was an abduction (ie she ws intoxicated and agreed to a ride) then a capital murder verdict is impossible even if the jury agrees he murdered her. I haven't had time to read the VA laws, but my best guess...

 

[glasshalffull]

I also wondered if her family was not comfortable with the possibility of the death penalty. They are from the UK where the death penalty was abolished some time ago. Just speculation, of course.

 

[FindHG]

Indicted 2/2/15

NBC29 ‏@NBC29 · 3m3 minutes ago  Virginia, USA
JUST IN: @HenryGraff reports copy of grand jury indictment for #JesseMatthew on #HannahGraham murder.



View attachment 69090

Thank you for this. Looks real good.

I continue to pray that Hannah Graham rest in peace and hope her family know so many wish them strength, justice and the peace to heal.

 

[Whiteorchids]

It's says premeditation so doesn't that constitute a capital murder charge? Here in CA. DA can ask for death penalty called "special circumstance" case in a first degree murder charge for multiple murders, a murder caused during a rape, robbery etc..

 

[zebra]

I know, I don't get it either. Is it not DP simply because they didn't find any evidence of him planning it?? It is a slap in the face.

First degree murder - what JM was charged with - IS premeditated murder. Premeditated murder does not require extensive planning, only that the person had time to meaningfully reflect on the killing before doing it. Premeditation can be formed in seconds.

As to why the commonwealth attorney did not pursue the death penalty, here is her statement:

“The decision on how to charge in a specific case is very difficult and often times there are many considerations that going in to charging decisions. I’m not going to discuss the specific facts and circumstances that led to this consideration for ethical reasons, however understand that a great deal of serious thought went into this determination, including the impact on the community, the Grahams and the need to provide Mr. Matthew with a fair trial.”

http://wtvr.com/2015/02/10/jesse-matthew-murder-charge-death-penalty/

 

[zebra]

It's says premeditation so doesn't that constitute a capital murder charge? Here in CA. DA can ask for death penalty called "special circumstance" case in a first degree murder charge for multiple murders, a murder caused during a rape, robbery etc..

BBM

In Virginia, more than premeditation is required for a capital murder charge.

Others have already posted the Virginia statute that lays out about 15 circumstances - one of which must be present and provable to charge a defendant with capital murder (for example, murder of a police officer, murder of a pregnant woman, etc.)

 

[Whiteorchids]

First degree murder - what JM was charged with - IS premeditated murder. Premeditated murder does not require extensive planning, only that the person had time to meaningfully reflect on the killing before doing it. Premeditation can be formed in seconds.

As to why the commonwealth attorney did not pursue the death penalty, here is her statement:

“The decision on how to charge in a specific case is very difficult and often times there are many considerations that going in to charging decisions. “I’m not going to discuss the specific facts and circumstances that led to this consideration for ethical reasons, however understand that a great deal of serious thought went into this determination, including the impact on the community, the Grahams and the need to provide Mr. Matthew with a fair trial.”

http://wtvr.com/2015/02/10/jesse-matthew-murder-charge-death-penalty/

It seems he would be indicted for the murder of Morgan Harrington as well. So another words in VA even with all his rapes and murders if he doesn't receive LWOP this predator could be on the streets again? I'm sorry I just didn't expect this without the DP. Let the jury decide what he gets. Even with the DP on the table he could get still lesser LWOP. This blows my mind.

 

[zebra]

It seems he would be indicted for the murder of Morgan Harrington as well. So another words in VA even with all his rapes and murders if he doesn't receive LWOP this predator could be on the streets again? I'm sorry I just didn't expect this without the DP. Let the jury decide what he gets. Even with the DP on the table he could get still lesser LWOP. This blows my mind.

JM is already facing the death penalty for the Fairfax rape/attempted murder. http://www.nbc12.com/story/27385235...t-guilty-to-charges-in-2005-fairfax-rape-case

(Just an FYI in the hopes it makes you feel a bit better about the situation)

 

[Foxfire]

http://www.wusa9.com/story/news/loc...irst-degree-murder-of-hannah-graham/23157429/

Jesse Matthew Jr. was charged in Albemarle County with the murder of Hannah Graham, a University of Virginia student reported missing before she was found dead on property in the county. WUSA

________________________________
<presser>

Matthew is charged with abduction with intent to defile in the disappearance of University of Virginia student Hannah Graham in Charlottesville, Va. The maximum penalty for the murder charge, and the abduction with intent to defile charge, is life in prison, according to Lunsford.

* See the indictment against Matthew here.

* City of Charlottesville nolle prosequi documents in Matthew's pending case

* Additional document

 

[Evie Ivy Over]

Like others, I wondering if the capital murder charge went off the table due to DP sentiments of the Grahams. Also, if Jesse gave up some information for the lesser charge. And...the "evil premeditation" that someone mentioned earlier may not apply to someone who was as plastered as he was that night?

 

[SteveP]

Like others, I wondering if the capital murder charge went off the table due to DP sentiments of the Grahams. Also, if Jesse gave up some information for the lesser charge. And...the "evil premeditation" that someone mentioned earlier may not apply to someone who was as plastered as he was that night?

JMO, but I doubt JLM gave up any information to get the lesser charge. Like several others here, I tend to think that the Graham family may have played a role in the death penalty not being sought in Hannah's case. Now I pray that charges will not be too much longer in coming for Morgan's death as well.

 

[Aeronomy]

It is possible the evidence doesn't prove capital murder and just as possible it does. The trial will reveal if the evidence supports capital murder; and if it does, then I'm sure the prosecution had very just reasons for not pursuing such a conviction. In the meantime, it's good to know a conviction of first degree murder in Virginia also carries the death penalty. Even if the death penalty isn't pursued then Jesse Matthew is looking at life in prison with zero chance at parole since the Commonwealth of Virginia abolished the opportunity for parole in felony convictions ten years ago.

On a side note, I believe the charge of first degree murder can still be amended to capital murder if the prosecution decides and has reason to amend it.