JLM: Morgan Harrington/Fairfax Rape Victim - *Forensic Link* to MH #2

[jamicat]

He was driving his sister's car when he was picked up in Texas. Did she report it stolen?

I don't think she did, as that would have been yet another warrent to lay on his head. She probably lent it to him with permission (a really stupid thing for her to have done just looking at how he drives and takes care of cars). He may have taken off with it without getting further permissions, but she might not have known that he was truly flying the coop with it. She is paying dearly for this, I'll bet. He probably beat up the car, and she may not get it back for a while, plus she was without a car and may still be without a car, for a while.

The lawyer probably told JM to lie low until more info came out as he was not accused of any crime at the time he talked to him. Had he just found a less obvious way, one not breaking a law and giving reason for a warrent for arrest, to shake LE, this would likely not have escalated the way it did. I'm not convinced that the "assault with intent to defile" charge necessarily came for additional evidence, though it could have, and if he had just stayed out sight somewhere, he wouldn't have gotten so much exposure.

That said, he's better off in jail for everyone's sake, even his own, IMO. Even if he didn't do any of this. Until it's sorted out, it's the safest place of all of us for him to be.

 

[sarah7855]

I have been wondering that myself. Once a perp is convicted and imprisoned, how are any subsequent charges handled? Is he tried from a prison cell-- even if he has a life sentence?

The perp goes to trial just like usual. I would think the most commonly known is Ted Bundy, where he stood multiple trials and received multiple death sentences. Here is one out of VA, Alfredo Prieto:

A Fairfax County jury imposed two death sentences Friday on serial killer Alfredo R. Prieto for the murders of Rachael A. Raver and Warren H. Fulton III near Reston in December 1988. The jury was told that Prieto, 44, had been sentenced to death for a 1990 rape and murder in California and that he was linked by DNA to a fourth slaying, in Arlington County in May 1988. But jurors were not told that ballistics tests link Prieto to a fifth homicide, in Prince William County in 1989.

(BBM)

 

[jamicat]

Morgan Harrington's story was covered in the May 2010 issue of Cosmopolitan Magazine. In the last paragraph of the 4 page article--I found this interesting.(At the time of this article, the release of Sketch had not been made public.)

From Cosmopolitan magazine--page 205--May 2010 issue, article written by Kimberly Goad:

When Morgan's mother saw the condition of her daughter's remains, there was a measure of relief in realizing what law enforcement suspected: She hadn't lived long after being abducted.~~~~~~~~~~~~

This makes me wonder why LE is stating they believe that HG may still be alive.

How on earth can anyone know from viewing those remains, which are described as "skeletal" that MH did not live long after being abducted? The bones were all broken, but the body was found out in a field where tractors could have run over it with that tall grass hiding it. Damages could have been done AFTER Morgan was killed, not before. Also, he could have beaten her up terribly without killing her and left her in nearly dead, very bad condition. This article makes no sense at all. You can't tell from a skeleton lying out in field for months exactly when that person died, exact to even a week. Unless there was more there than just the skeleton, I don't even know where there could be DNA--maybe the hair, maybe nails left, maybe clothes left? No organs, flesh were left is what "skeletal" usually means.

How long is "long"?

 

[jamicat]

I have been wondering that myself. Once a perp is convicted and imprisoned, how are any subsequent charges handled? Is he tried from a prison cell-- even if he has a life sentence?

It can depend on the case, the DA, the pressure the victims' family can put on the DA, the media push, etc. It costs a tremendous amount of money to try these cases. With a public defender assigned, and all the evidence that needs to be processed, it is staggering what the cost is. If someone is convicted and there is no chance of him getting out in his lifetime and little or no chance the new charge can get him to the chair or other DP, what is the point other than justice for a victim and family? Which is a huge thing to the loved ones of a victim, and that's why it is sometimes done. It also defitively closes a file. But with cuts in services often happening and other cases pending, it's often more useful to use LE and DA resources and fund for other things that are not yet resolved. These things pull a lot of attention away from other things that are happening. IT's a happy day for small time perps when the attention of LE and the DAs office is focused on something big.

 

[Le Singe]

It would depend on whether a rape kit was obtained, I guess. The strongest case for rape remains with the Fairfax victim.

at least in the Liberty case i don't know how much a rape kit matters since there no one is denying they had sex its only a question of consent she could have gone to the hospital after though and it is my understanding that there can often be proof that an encounter was not consensual (i'm not clear on the detail of it or whether it is true in every case).

 

[ksj3]

Jamicat, I believe I read that JM's DNA was found underneath Morgan's fingernails. When I have the chance I will search for link for this info.

That would be huge.

 

[Le Singe]

I'd put him coming in around at your typical high functioning idiot that we all meet everyday.

high functioning idiot that made me LOL:laughing:

 

[jamicat]

Jamicat, I believe I read that JM's DNA was found underneath Morgan's fingernails. When I have the chance I will search for link for this info.

Thanks. I hope that is the case. A match that way would be definitive. I thought the DNA under the fingernails came from that rape vicitm that was linked to MH. I never did read anything that gave the source of where MH's DNA evidence was acquired other than possibly that shirt, but yes, mention was made that in addition to the shirt, somethig was found with the body, but I don't know what.

I am surprised that the DNA from that rape case has not been linked, as a much better sample was gotten. LE was there right away, and the victim was immediately taken care with evidence collected very quickly.

 

[ChiaPet]

Thanks. I hope that is the case. A match that way would be definitive. I thought the DNA under the fingernails came from that rape vicitm that was linked to MH. I never did read anything that gave the source of where MH's DNA evidence was acquired other than possibly that shirt, but yes, mention was made that in addition to the shirt, somethig was found with the body, but I don't know what.

I am surprised that the DNA from that rape case has not been linked, as a much better sample was gotten. LE was there right away, and the victim was immediately taken care with evidence collected very quickly.

I believe I also read that there was DNA located under the fingernails of MH. My father was in LE and always told me that if I ever got attacked to make sure I used my fingernails or if I were abducted to make sure I left some sort of DNA because those are often overlooked by the suspects even if they attempt to clean up. If that is in fact where they found DNA on MH that would be awesome that it was preserved enough to collect it to test and hopefully put her killer away for good

 

[MzOpinion8d]

Yes, one of the symptoms of severe hypothermia is "confusion and poor decision-making, such as trying to remove warm clothes," so the fact that she was found naked isn't surprising. There was no other indication that she was attacked, or sexually assaulted and her cause of death was attributed to hypothermia. It's annoying when people/media try to make connections when there clearly are none.

Gah, paradoxical undressing just has so many SYLLABLES! Lol

 

[MidgeC]

Thanks. I hope that is the case. A match that way would be definitive. I thought the DNA under the fingernails came from that rape vicitm that was linked to MH. I never did read anything that gave the source of where MH's DNA evidence was acquired other than possibly that shirt, but yes, mention was made that in addition to the shirt, somethig was found with the body, but I don't know what.

I am surprised that the DNA from that rape case has not been linked, as a much better sample was gotten. LE was there right away, and the victim was immediately taken care with evidence collected very quickly.

I think that some things other than just her skeleton were found. I am pretty sure her bracelet was found at the same site. There may have been some remnants of her clothing--although obviously not her shirt.

 

[Quill]

I think that some things other than just her skeleton were found. I am pretty sure her bracelet was found at the same site. There may have been some remnants of her clothing--although obviously not her shirt.

Her bracelet and ring were found still on her body. I read where her signet ring was still on her finger.

This article quoted the man who found her remains.

“’Til I got close,” he told reporters on Tuesday. “And realized that I was looking at a human skull. And that’s when I called 9-1-1.” Bass said that there was some clothing near the remains, and added, “I would not have guessed the sex of the victim myself…it’s very decomposed.”

http://www.c-ville.com/Local_search...ns_remains_are_found_with_video/#.VC2PuH-9KSM

 

[sarah7855]

It can depend on the case, the DA, the pressure the victims' family can put on the DA, the media push, etc. It costs a tremendous amount of money to try these cases. With a public defender assigned, and all the evidence that needs to be processed, it is staggering what the cost is. If someone is convicted and there is no chance of him getting out in his lifetime and little or no chance the new charge can get him to the chair or other DP, what is the point other than justice for a victim and family? Which is a huge thing to the loved ones of a victim, and that's why it is sometimes done. It also defitively closes a file. But with cuts in services often happening and other cases pending, it's often more useful to use LE and DA resources and fund for other things that are not yet resolved. These things pull a lot of attention away from other things that are happening. IT's a happy day for small time perps when the attention of LE and the DAs office is focused on something big.

Yes, it does depend on the case, for sure. I've noticed in the cases I've read about that the DA will go forward with only the case(s) that have the strongest evidence. In almost every one, there is a plea bargain made or a guilty plea entered, sparing the trial and testing that you detailed above.

I was just refreshing my memory the other night on Gary Ridgway and noticed that one of the conditions in his plea bargain (for the murder of 48 women) was that he must "plead guilty to any and all future cases (in King County) where his confession could be corroborated by reliable evidence." (source) I hadn't been aware of that prior to then, and thought it was a pretty interesting way to handle future potential cases.

 

[Le Singe]

Or anyone else who knows.


How do they determine if various cases can be tried together or separate? I'm guessing that the 2005 rape case will be very easy to get a conviction (although if the victim is not willing to testify at trials are they not able to use her account of what happened and her description?). I think if the jury knows this guy has a history of violent attacks on women, then no way do they need any more than his DNA was found with a woman that was missing and found dead of a violent attack. Otherwise it would be easier for the defense to play the 'i just picked her up and dropped her off alive and well' or 'I picked her up we had consensual sex in my cab some semen got on her clothes and person then I drove her to the circle k (or where ever) and let her out alive and well'. I'm sure they still would have a decent shot at a conviction, but it would be much less of a certainty.

It's my understanding that if the cases aren't tried together the prosecutor will likely not be able to bring up anything about the 2005 attack or any of the other things. Is this correct, I know the judge rules on that but it seems they mostly rule that type stuff is inadmissible?

So who gets to decide if various cases can be tried together?

 

[Meemaw12]

@rmorrisonva: Location in Fairfax where attack linked to #MorganHarrington behind apt complex #JesseMatthew #HannahGraham http://t.co/b3X3VMXI4z

There are pics at this link

 

[Hyrax]

Or anyone else who knows.


How do they determine if various cases can be tried together or separate? . . .

It's my understanding that if the cases aren't tried together the prosecutor will likely not be able to bring up anything about the 2005 attack or any of the other things. Is this correct, I know the judge rules on that but it seems they mostly rule that type stuff is inadmissible?

So who gets to decide if various cases can be tried together?

It's a fairly complicated and very fact-specific issue. Different states and the federal courts have different ways of handling it, and I don't know Virginia's specific rules, but yes, at least in some states, it is possible to consolidate multiple murders that were not part of the same act.

But even if the charges were tried separately (which, I bet, would be the likely outcome, if JLM were charged with both offenses) then evidence of the prior attack might still come in, depending on what evidence they have. If something about Morgan's murder could show the identity of Hannah's abductor/killer, for instance, then that sort of evidence could be admissible. But the judge could also decide it is just too prejudicial.

Tl;dr: it depends on the nature of the connections between the crimes, and whether there is some relevant similarity between them that would make evidence of the first murder admissible in a trial of the second (or vice versa).

 

[eileenhawkeye]

It can depend on the case, the DA, the pressure the victims' family can put on the DA, the media push, etc. It costs a tremendous amount of money to try these cases. With a public defender assigned, and all the evidence that needs to be processed, it is staggering what the cost is. If someone is convicted and there is no chance of him getting out in his lifetime and little or no chance the new charge can get him to the chair or other DP, what is the point other than justice for a victim and family? Which is a huge thing to the loved ones of a victim, and that's why it is sometimes done. It also defitively closes a file. But with cuts in services often happening and other cases pending, it's often more useful to use LE and DA resources and fund for other things that are not yet resolved. These things pull a lot of attention away from other things that are happening. IT's a happy day for small time perps when the attention of LE and the DAs office is focused on something big.

If they have the trial for Hannah's abduction, and it is a long and costly one, then I could definitely see there being some resistance to have a trial for Morgan's murder, if JM is sentenced to death or LWOP. I can, understandably, see her parents pushing very hard for one, though.

 

[Dushi]

OT but I am confused
Is there a search thread I am missing?
I see Search and Search 2 but both are locked

 

[jamicat]

It's a fairly complicated and very fact-specific issue. Different states and the federal courts have different ways of handling it, and I don't know Virginia's specific rules, but yes, at least in some states, it is possible to consolidate multiple murders that were not part of the same act.

But even if the charges were tried separately (which, I bet, would be the likely outcome, if JLM were charged with both offenses) then evidence of the prior attack might still come in, depending on what evidence they have. If something about Morgan's murder could show the identity of Hannah's abductor/killer, for instance, then that sort of evidence could be admissible. But the judge could also decide it is just too prejudicial.

Tl;dr: it depends on the nature of the connections between the crimes, and whether there is some relevant similarity between them that would make evidence of the first murder admissible in a trial of the second (or vice versa).

I agree. Most of the time, DAs do not want to combine cases from what I have seen unless it's all the same episode, such as the Loud Music case, where the perp, MD, shot at a van with 4 young men it it and killed one of them. Instead of trying him for each count, against each of the men, the DA took it as an all in one. The case is being retried, as of now, by the way, a portion of it anyways.

It can get too confusing to try to mix both cases in one trial, especially when they are separated in time. Just like this forum did not like mixing the MH case with Hannah Grahams at first because it really did confuse things. Also, if there is a jury that just doesn't work, or the DA did not present the case in a way to get optimal result, the other cases are still available to put the perp away. Usually the strongest case is tried first and if the sentence is such that it would be redundant to try other cases, it often isn't done for financial reasons. IMO, the MH case will be tried regardless, given the parents' involvement in the case. I can't see the Harringtons letting it go, unless JM gets the chair. Even with guaranteed life, they would likely want their daughter's case be tried and justice done for her. That is often an issue with perps have multiple cases.

I don't know how much of "slam dunk" the 2005 rape case would be. So much time has passed. I believe the victim is out of country and it is possible she will not come to testify, and if she does, how much impact would her testimony have? The DNA evidence is what would convict JM if there is a direct match, but I believe the victim would still have to be here for the trial, or is that not the case?

I think the DA gets to choose how to go within constrains of state law.

 

[cluciano63]

I think a link as to where DNA was found with Morgan's remains would be important info to have...if indeed it was under her nails, can someone post a link?