JLM Charged in the Hannah Graham Case

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ON 2-2-15. JLM indicted w/ 1st degree Murder, attempt to defile, and 2 more chgs I can't remember, maybe reckless driving. ( I inferred the Grahams were in agreement to these chgs which is 20-Life but will have to listen again.) First court appearance will be 2-18 at 11 am via video.
 
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.



B9fuKClIAAAbmwa.jpg
 
That was not the finest moment for central VA reporters. Bunch of amateurs. They should be embarrassed.
 
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.
 
Dr. Know? said:
I believe the prosecutor said with the 1st degree murder charge and intent to defile JM would be facing 20 to life.
Click to expand...


AFAIK each charge carries a penalty of 20 to life with possibility of parole @ 15. Theoretically he could face a sentence of 2 life terms consecutively.

:cow:
 
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?
 
Well, that was short. Reporters got rowdy at the end over whether not pursuing capital murder was justice.

20 to life is the possible sentence for these charges.
 
Glad to hear this, now I'm hoping for a conviction.

Kind of weird, but I had no clue this was going to happen today and I woke up wondering what the latest news was in the case. I came here and there it was, press release of charges brought. I think I caught the live presser, the Commonwealth Attorney is a woman, she has long hair and was wearing a red dress. Or was that from yesterday?
 
RNER said:
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?
Click to expand...

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.
 
Intent to defile means that they can prove he transported her to an undisclosed location to perform a sex act without fear of being caught. It doesn't mean that a sex act had to occur.
 
RNER said:
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?
Click to expand...

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
 
aspyingmachine said:
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.
Click to expand...

The Grand Jury Indictment states: That JM "willfully, maliciously, deliberately, and with premeditation" killed and murdered Hannah Graham.
 
I hope that charges eventually come for Morgan. The Harrington's deserve justice too. Excellent news that he's been charged in connection with Hannah and the Fairfax rape.
 
NelsonVA said:
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.
Click to expand...


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:
 
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.
 
Steleheart said:
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
Click to expand...

This helps clarify. I am guessing 1st Degree instead of Capital Murder because of no Abduction charge (number 1 on the vacode.org list), although there is an Intent to Defile charge. Didn't the Fairfax charges include an abduction charge, hence the reason for Capital Murder charges? I guess I clarified my own confusion LOL Thanks!
 
I'm thinking circumstantial evidence and probable cause. Maybe there's no DNA or forensic evidence? They know he was the last person seen with her and then her remains were found.
 
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