JLM Charged in the Hannah Graham Case

[bessie]

Discuss the charges and the implications. Use links to support your theories.

Jesse L. ‘LJ’ Matthew Jr. arrested in case of missing U-Va. student Hannah Graham
By T. Rees Shapiro and Matt Zapotosky September 24 at 9:17 PM

Jesse L. “LJ” Matthew Jr., 32, was charged Tuesday with kidnapping Graham with the intent to sexually assault the 18-year-old student, who vanished after midnight Sept. 13. The charge implies that police have evidence that Matthew took Graham against her will — or while she was in a state that left her unable to consent — but police have not laid out that evidence.

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Jesse Matthew, suspect in missing U.Va. student case, charged with abduction of Hannah Graham
By The Associated Press, Jeff Goldberg, ABC News
September 23, 2014 - 07:14 pm Updated: September 24, 2014 - 10:07 am

Authorities late Tuesday obtained a felony arrest warrant from a magistrate on a charge of abduction with intent to defile against 32-year-old Jesse Leroy Matthew Jr., who police believe was the last person seen with Hannah Graham. Graham was last seen early the morning of Sept. 13.

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VIDEO: Sep. 24, 2014 - 2:51 - Former DC homicide detective Rod Wheeler explains the charges

 

[Hoosgirl]

I had a question about the two possible jurisdictions for the abduction (Cville) and murder (Albemarle) and if the trials would be separate or not. This article has a perspective on that:

http://www.wset.com/story/26834432/jesse-matthew-could-face-capital-murder-in-graham-case

 

[Calico66]

Good article -

http://www.wtop.com/120/3726795/Where-will-Matthew-be-tried-first

In addition, because it's unclear how strong the prosecutor's case is in Charlottesville, it might make sense to try Matthew first in Fairfax while local investigators continue to build their cases, Heilberg says.

"Charlottesville is not a very death-friendly locality if they're contemplating a capital murder charge," says Heilberg.

 

[tlcya]

Neal Augenstein @AugensteinWTOP · 20m20 minutes ago

Working on story with @HawesSpencer on key piece of evidence in #HannahGraham/#MorganHarrington/Fairfax cases. Will post by 3pm


https://twitter.com/AugensteinWTOP

 

[mirv22]

Wonder what evidence has been shared. https://twitter.com/NBC29/status/524995704985767936

JUST IN: attorney for #JesseMatthew tells @HenryGraff prosecutors have shared some evidence they have in #HannahGraham case.

 

[skibaboo]

NBC29 ‏@NBC29 1m1 minute ago Charlottesville, VA
JUST IN: attorney for #JesseMatthew tells @HenryGraff prosecutors have shared some evidence they have in #HannahGraham case.

NBC29 ‏@NBC29 37s37 seconds ago Charlottesville, VA
CONT: @HenryGraff reports Jim Camblos would not elaborate on any of the evidence he is aware of in #HannahGraham case.

https://twitter.com/NBC29

 

[ksj3]

NBC29 ‏@NBC29 1m1 minute ago Charlottesville, VA
JUST IN: attorney for #JesseMatthew tells @HenryGraff prosecutors have shared some evidence they have in #HannahGraham case.

NBC29 ‏@NBC29 37s37 seconds ago Charlottesville, VA
CONT: @HenryGraff reports Jim Camblos would not elaborate on any of the evidence he is aware of in #HannahGraham case.

https://twitter.com/NBC29

It must be damning for them to share it and for Camblos to admit it.

 

[carbuff]

It must be damning for them to share it and for Camblos to admit it.

Not necessarily. Eventually they have to share everything. It's part of the rules of a fair trial.

In this case, I would guess it's most likely the official notice that the body was identified.

 

[ILOKAL]

Not necessarily. Eventually they have to share everything. It's part of the rules of a fair trial.

In this case, I would guess it's most likely the official notice that the body was identified.

Does Virginia have reciprocal discovery?

 

[dda]

Does Virginia have reciprocal discovery?

See Rule 3A:11 governing discovery by both the accused and the Commonwealth

http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf

 

[JohnTate90210]

http://www.nbc29.com/story/26850202/clock-ticks-for-jurisdictions-prosecuting-jesse-matthew

Clock Ticks for Fairfax to Prosecute Jesse Matthew

Right now, the prime suspect in the Hannah Graham case is facing charges in three locations. Fairfax, Charlottesville and Albemarle County all have charged Matthew since September, and Fairfax indicted him. That means Fairfax has five months to get Matthew to trial.

 

[Lovepink]

Does Virginia have reciprocal discovery?

Nope. Only exculpatory things have to be shared.

 

[dda]

Nope. Only exculpatory things have to be shared.

This is the rule governing discovery. I posted the link above but wanted to share the portion applicable to the question because it does not just require that each side produce exculpatory evidence. At least I have never read it that way.

Rule 3A:11. Discovery and Inspection.
(a) Application of Rule. This Rule applies to any prosecution for a felony in a circuit court and to any misdemeanor brought on direct indictment.
(b) Discovery by the Accused.
(1) Upon written motion of an accused a court shall order the Commonwealth's attorney to permit the accused to inspect and copy or photograph any relevant (i) written or recorded statements or confessions made by the accused, or copies thereof, or the substance of any oral statements or confessions made by the accused to any law enforcement officer, the existence of which is known to the attorney for the Commonwealth, and (ii) written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine and breath tests, other scientific reports, and written reports of a physical or mental examination of the accused or the alleged victim made in connection with the particular case, or copies thereof, that are known by the Commonwealth's attorney to be within the possession, custody or control of the Commonwealth.
(2) Upon written motion of an accused a court shall order the Commonwealth's attorney to permit the accused to inspect and copy or photograph designated books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth, upon a showing that the items sought may be material to the preparation of his defense and that the request is reasonable. This subparagraph does not authorize the discovery or inspection of statements made by Commonwealth witnesses or prospective Commonwealth witnesses to agents of the Commonwealth or of reports, memoranda or other internal Commonwealth documents made by agents in connection with the investigation or prosecution of the case, except as provided in clause (ii) of subparagraph (b)(1) of this Rule.
(c) Discovery by the Commonwealth. If the court grants relief sought by the accused under clause (ii) of subparagraph (b) (1) or under subparagraph (b) (2) of this Rule, it shall, upon motion of the Commonwealth, condition its order by requiring that:
(1) The accused shall permit the Commonwealth within a reasonable time but not less than ten (10) days before trial or sentencing, as the case may be, to inspect, copy or photograph any written reports of autopsy examinations, ballistic tests, fingerprint, blood, urine and breath analyses, and other scientific tests that may be within the accused's possession, custody or control and which the defense intends to proffer or introduce into evidence at trial or sentencing.
(2) The accused disclose whether he intends to introduce evidence to establish an alibi and, if so, that the accused disclose the place at which he claims to have been at the time of the commission of the alleged offense.
(3) If the accused intends to rely upon the defense of insanity or feeblemindedness, the accused shall permit the Commonwealth to inspect, copy or photograph any written reports of physical or mental examination of the accused made in connection with the particular case, provided, however, that no statement made by the accused in the course of an examination provided for by this Rule shall be used by the Commonwealth in its case-in-chief, whether the examination shall be with or without the consent of the accused.

 

[bessie]

:bump:

 

[Conductor71]

Interesting. Case may take as long as a year to prepare...

"The Charlottesville case involving Hannah Graham is a case that is going to rely almost completely on circumstantial evidence,"

Just one viewpoint on timeline.


http://www.newsplex.com/home/headli...-Charges-Against-Jesse-Matthew-280238502.html

 

[tlcya]

http://www.nbc29.com/story/26850202/clock-ticks-for-jurisdictions-prosecuting-jesse-matthew

Clock Ticks for Fairfax to Prosecute Jesse Matthew

Right now, the prime suspect in the Hannah Graham case is facing charges in three locations. Fairfax, Charlottesville and Albemarle County all have charged Matthew since September, and Fairfax indicted him. That means Fairfax has five months to get Matthew to trial.

Thank you. Is that five months dependent upon the defendant not requesting continuances about certain portions of the trial? Links to applicable supporting info is much appreciated. TIA

 

[SolVol]

Charges could be presented against Jesse Matthew as early as TODAY.

UP TO 3 LIFE SENTENCES FOR THE FAIRFAX ASSAULT/ATTEMPTED CAPITAL MURDER ALONE:

http://wtkr.com/2014/10/27/what-new-charges-will-jesse-matthew-face/

Matthew could also face prosecution in Charlottesville as well as Albermarle County for the murder of Morgan Harrington, unless the two cases are combined (possible?)

I hope they will check and compare JM's DNA in other parts of the country where JM’s relatives live and for sexual assaults without murder.

Other families and victims deserve to know and have justice.

Other bodies need to be found.

 

[LI-Mom]

Does anyone know how search warrants work? When they searched JM's apartment did LE have to list specific items or is it a blanket search for anything they think may be related to the case? I'm figuring the former, because LE went back a second time so I assume they needed another warrant for that.

And what if during the course of the apartment search for HG they came across other items that could link him to another case or other criminal activity? Would LE be able to charge him with a crime related to that or no, because the search came before the arrest charges? For instance, what if during the search they found a pharmacy of illegal drugs, could they charge him with illegal possession of a controlled substance with intent to distribute? I want to be clear here: I have no reason to believe that is the case, I am just curious.

Thanks.

ETA: Hmm, they searched his car and apt. before he was charged so that wouldn't matter. But they would have needed probable cause for a search warrant for drugs unrelated to HG, correct?

 

[klily444]

Does anyone know how search warrants work? When they searched JM's apartment did LE have to list specific items or is it a blanket search for anything they think may be related to the case? I'm figuring the former, because LE went back a second time so I assume they needed another warrant for that.

And what if during the course of the apartment search for HG they came across other items that could link him to another case or other criminal activity? Would LE be able to charge him with a crime related to that or no, because the search came before the arrest charges? For instance, what if during the search they found a pharmacy of illegal drugs, could they charge him with illegal possession of a controlled substance with intent to distribute? I want to be clear here: I have no reason to believe that is the case, I am just curious.

Thanks.

ETA: Hmm, they searched his car and apt. before he was charged so that wouldn't matter. But they would have needed probable cause for a search warrant for drugs unrelated to HG, correct?

The search warrant would be pretty high level and include things such as clothing, electronic devices, weapons etc, but once they seize things, they list exactly what was taken in great detail. I don't know about VA law (but lots of posters here do) but usually if something suspect is in "plain sight" it can be used (for example, if date rape drug was on the kitchen counter). I know I didn't answer this fully and in detail but wanted to share the basics of what I know until someone else can jump in.

 

[dove28]

LJ's lawyer concerned about him getting a fair trial: http://inthecapital.streetwise.co/2...tthew-get-a-fair-trial-in-hannah-graham-case/

""You know, the last time I checked you were innocent until proven guilty in the court of law, not the court of public opinion," Camblos told Hawes Spencer in a WVTF radio interview. "And it's been very, very challenging over the past couple of weeks.""