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

[popsicle]

Would she have to testify? With DNA, eyewitnesses (assuming they'd testify), her previous testimony and help creating the sketch, and injuries/rape kit? The commonwealth would press charges, not her.

She has to testify. He has the right to confront his accuser. Also, she gave a statement but she hasn't testified. No witness = no defendant.

 

[Heroine]

I think the rape case is a bit of a moot point now anyway. . .as far as charges and trials. The DAs want to go for the most serious crimes first. They would likely just tack on the rape charges from Fairfax if that. Hypothetically, if they get the DP or LWOP for either Hannnah or Morgan, they may never even try the rape.

ETA- I know someone who had a pending assualt case against Clemmons when he shot the 4 Lakewood police officers. At that point he stopped working on that case, because it wasn't going to trial on it's own anyway. If Clemmons would have lived, they would have tried him on 4 counts of Murder one and my friend would have tossed the other prosecutor his file.

I think that's why we're not really hearing about the Fairfax case right now. They aren't going to waste time and resources on it. They are going to wait and see what happens with Hannah's case and possibly Morgan's.

Makes sense IMO

 

[Conductor71]

She has to testify. He has the right to confront his accuser. Also, she gave a statement but she hasn't testified. No witness = no defendant.

From what I have read, the Fairfax victim was here on Visa and returned to her home country a long time ago. In one article on her attack, a neighbor said she spoke Urdu. I do not know where that is, but people who followed MH case often noted it in comments and that it was unlikely they might even locate her to testify. It would seem they would at least need her to positively ID JM in a lineup, but I watch too much TV so no clue on how reality works.

LE is more using this to build a case showing predatory nature and escalating violence. They couldn't care less about the woman involved but rather in how they can use it in profiling JM in my opinion. Of course. If DNA evidence is weak it may not be all that important.

 

[Conductor71]

http://abcnews.go.com/US/virginia-t...ingtons-death-ruled-homicide/story?id=9740132

http://www.nbc12.com/story/11920501/medical-examiner-rules-harringtons-death-a-homicide

http://www.newsplex.com/home/headlines/83379682.html

http://ww2.roanoke.com/news/roanoke/wb/235212

http://www.c-ville.com/UPDATE_Morgan_Harringtons_death_officially_ruled_a_homicide/

http://www.wect.com/story/12030494/cause-of-death-of-morgan-harrington-could-take-weeks

Thanks, but a homicide is not a murder. It means another person responsible for a death. Murder can only be suggested by LE and is ultimately determined in court by jury deliberation or by a judge. Might be helpful if someone with a law background could clarify for us.

 

[Conductor71]

There was a house nearby in North Garden that burned the night before her body was found--I think it was the referred to as a party house--rented out to college students.

Interesting. I have read anecdotes and theories that she very was at said party and that she may have died of natural causes or accident. I don't necessarily believe that just sharing some alternative scenarios. I think because no cause of death has ever been released, people speculate all sorts of things.

 

[GeeButtersnaps]

Do you have a source for this? I'm just catching up so may have missed it, but so far I fail to see it. TIA.

Sorry I fell asleep..

http://m.wlox.com/wlox/pm_/contentdetail.htm?contentguid=od:TNJxxH5m

 

[wall0214]

I think the rape case is a bit of a moot point now anyway. . .as far as charges and trials. The DAs want to go for the most serious crimes first. They would likely just tack on the rape charges from Fairfax if that. Hypothetically, if they get the DP or LWOP for either Hannnah or Morgan, they may never even try the rape.

ETA- I know someone who had a pending assualt case against Clemmons when he shot the 4 Lakewood police officers. At that point he stopped working on that case, because it wasn't going to trial on it's own anyway. If Clemmons would have lived, they would have tried him on 4 counts of Murder one and my friend would have tossed the other prosecutor his file.

I think that's why we're not really hearing about the Fairfax case right now. They aren't going to waste time and resources on it. They are going to wait and see what happens with Hannah's case and possibly Morgan's.

Exactly - it doesn't make sense to proceed with a rape trial when you have two potential murders that may have been committed by the same person in the same state as the rape. Why spend the Commonwealth's time and resources on a possibly lesser charge? If he is charged and convicted with murder, the rape trial would be redundant as he would likely get more time for the murders (one would hope).

 

[wall0214]

They are medical professionals, they did go to the site where Morgan's remains were found at the time that they were found, and they saw the condition of her body for themselves. As medical professionals, and they are able to interpret what they saw of their daughter's remains.

Jesse Matthew appears to be responsible for Morgan's murder.

Morgan's parents didn't go to Anchorage Farm at the time her remains were found - they went a year later. It would be incredibly unorthodox for LE to take family to the "crime scene."
http://www.wafb.com/story/13901965/morgans-parents-to-visit-crime-scene-tuesday
http://www.cavalierdaily.com/article/2011/01/harringtons-visit-anchorage
http://ww2.roanoke.com/news/roanoke/wb/274992
http://www.readthehook.com/65546/familial-pain-harringtons-press-police-controversial-dna-test

Stories regarding the condition of Morgan's remains - they did see her remains, but not at the site at Anchorage Farm:
http://www.readthehook.com/68346/shattered-bones-harringtons-say-morgans-killer-violent-sadistic
http://www.cavalierdaily.com/articl...r-broke-shattered-harrington%E2%80%99s-bones/
http://www.wsls.com/story/20829647/...ents-talk-on-5-month-anniversary-of-her-death

 

[Emaa]

From what I have read, the Fairfax victim was here on Visa and returned to her home country a long time ago. In one article on her attack, a neighbor said she spoke Urdu. I do not know where that is, but people who followed MH case often noted it in comments and that it was unlikely they might even locate her to testify. It would seem they would at least need her to positively ID JM in a lineup, but I watch too much TV so no clue on how reality works.

LE is more using this to build a case showing predatory nature and escalating violence. They couldn't care less about the woman involved but rather in how they can use it in profiling JM in my opinion. Of course. If DNA evidence is weak it may not be all that important.

BBM Link to source that she was here on a visa and returned to her home country?

All I've seen that references where she may be is this:

Jenkins sent her teenaged son to summon the devout Muslim family the young woman was visiting, as she and her husband spoke with the woman so frightened that she refused to come inside the strangers' home and instead accepted their offer of a chair on the front steps.

"She told us she'd been coming back from Giant, had been walking along a back path along different apartments," says Jenkins, who then recalls perhaps the most chilling detail of all–- particularly in retrospect, since it may offer some hint of Morgan Harrington's fate.

"We both noticed marks around her neck," says Jenkins, who says the woman told them her assailant had choked her until she lost consciousness. "She thought she was going to die, then all of a sudden, she came to, and he wasn't there," says Jenkins, mentioning the passerby who scared the attacker away–- perhaps in the nick of time.

Jenkins says her son returned with a man and a woman who comforted the victim, and the three communicated in what she believes was Urdu–- a language primarily spoken by Muslims in India and Pakistan. The young woman "felt more comfortable speaking in her language," says Jenkins, who says she never saw the young woman again but heard she had moved in with family somewhere nearby.

Also note that he attempted to kill her. IMO it's going to turn out that Morgan and (sorry) Hannah were strangled too.

 

[Emaa]

Thanks, but a homicide is not a murder. It means another person responsible for a death. Murder can only be suggested by LE and is ultimately determined in court by jury deliberation or by a judge. Might be helpful if someone with a law background could clarify for us.

did you miss this? http://www.fbi.gov/news/stories/201...an-harrington-killer/morgan-harrington_060412

The jury/judge determine the guilt of a person charged with murder.

 

[Emaa]

Interesting. I have read anecdotes and theories that she very was at said party and that she may have died of natural causes or accident. I don't necessarily believe that just sharing some alternative scenarios. I think because no cause of death has ever been released, people speculate all sorts of things.

Manner of death was homicide. There is no alternative scenario.

 

[Emaa]

Exactly - it doesn't make sense to proceed with a rape trial when you have two potential murders that may have been committed by the same person in the same state as the rape. Why spend the Commonwealth's time and resources on a possibly lesser charge? If he is charged and convicted with murder, the rape trial would be redundant as he would likely get more time for the murders (one would hope).

It was reported the Fairfax victim was strangled into unconsciousness, which is attempted murder; since there is a DNA connection between Morgan and this victim, and especially if it turns out that Morgan and Hannah were strangled, it strengthens the case during the sentencing phase. However, I don't believe they can bring this up during trial and I don't see them pursuing the rape charge either. They could hold it as something to bargain with, perhaps to get him to plead to avoid the death penalty.

 

[otto]

With all respect, his DNA was likely found on her t shirt. Prior to the finding of the pantera tee, there is no mention of DNA found on MH's remains that I have seen documented. It suggests in one of the sources you snipped that it was difficult to extract enough sample directly from Morgan's remains it also suggests Fairfax DNA from shirt.

Not any source on forensics of the Fairfax perp states with absolute certainty where his DNA sample originates though we can draw inferences. We will have to see if JM is charged with MH's disappearance and see what is revealed if anything. Though I think prosecution can seal evidence indefinitely. they may keep it sealed then.

Whenever I see "with all due respect" in a comment, I'm afraid to keep reading, but ...

I need to see a link supporting the claim that DNA on a t-shirt is connected with the 2005 rape. So far, there is no link to support this claim. There is, however, a link to support the claim that DNA was found on Morgan's body. Please provide a quote, and a link, supporting the above claim (that DNA on a shirt is connected with the 2005 rape).

Here is the link supporting the fact that DNA was found on Morgan's body:

"Investigators will only say that forensic evidence ties the suspect to Morgan Harrington's abduction and murder in Charlottesville. But Harrington's parents confirmed this afternoon it was DNA found on Morgan that matches the suspect in the Fairfax case."

http://www.wlox.com/story/12742496/update-morgan-harringtons-death-linked-to-case-in-fairfax

We recently learned that forensic evidence connected Jesse Matthew to Morgan Harrington.

 

[human]

She has to testify. He has the right to confront his accuser. Also, she gave a statement but she hasn't testified. No witness = no defendant.

So if a guy is up for a brutal rape and in the meantime a victim dies, he gets off?

Doesn't make sense.

This is just a hypothetical . i am NOT saying the Fairfax woman died

 

[jamicat]

It's a shame that that the Fairfax rape case is one that is unlikely to come to trial due to the fact that the victim is not likely to be in the country any more, and is of a culture where resurrecting this could cause her and her family a lot of problems. The DNA evidence obtained from her is very direct, fresh, "clean". and if matched with JM's swab, would be excellent evidence.

We don't know what kind of DNA exists on MH and where. On her, on clothing, on that tee shirt, and what forensic evidence that would contribute greatly to directly pointing the finger to JM in Hannah's case either. Until we gt more info on that, it's up in the air.

 

[Emaa]

So if a guy is up for a brutal rape and in the meantime a victim dies, he gets off?

Doesn't make sense.

This is just a hypothetical . i am NOT saying the Fairfax woman died

Then he's charged with murder.

 

[human]

Then he's charged with murder.

Not that she died of the rape.

Maybe she dies in a car accident. Not because of the rape.

The rapist gets off scot free?

 

[otto]

It's a shame that that the Fairfax rape case is one that is unlikely to come to trial due to the fact that the victim is not likely to be in the country any more, and is of a culture where resurrecting this could cause her and her family a lot of problems. The DNA evidence obtained from her is very direct, fresh, "clean". and if matched with JM's swab, would be excellent evidence.

We don't know what kind of DNA exists on MH and where. On her, on clothing, on that tee shirt, and what forensic evidence that would contribute greatly to directly pointing the finger to JM in Hannah's case either. Until we gt more info on that, it's up in the air.

DNA on Morgan (not her shoes, her shirt, or other clothing) matches the DNA taken from a 2005 rape victim.

 

[jamicat]

Not that she died of the rape.

Maybe she dies in a car accident. Not because of the rape.

The rapist gets off scot free?

I don't know how this works in VA and in this particular case. IF there is a direct DNA match between what was taken from the Fairfax rape victim and JM, I have no idea if JM could be charged without the victim coming forward, and I have no idea how involved she would have to be in the case. I know many such cases are dropped because the victim does NOT want to resurrect all of that and refuses to cooperate with the court proceedings. I also don't know if the match, the evidence can be used in other cases such in the Hannah Graham and the MH case. How much can be brought in from cases that are pending, where the accused has not yet gone to trial, I have no idea.

 

[otto]

There was some doubt that Morgan's parents were at the crime scene at the time that investigators discovered Morgan's remains. They were at the crime scene before the remains were removed from the scene:

"Harrington’s parents, who previously provided investigators with their missing daughter’s dental records and presumably samples for DNA comparison, were enroute to the body recovery site to assist in the identification of the remains."

http://www.livesecure.org/missing-va-tech-student-morgan-harrington-found/