JLM: When will charges come in the HG and MH cases?

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Sorry for any confusion ILOKAL, my comment wasn't in response to the attempted capital murder charge, I was trying to respond to MJPeony's comment upthread. Still trying to figure all this out.

Oh no, everything's good! I TOO am just trying to figure everything out and it sure ain't easy and bad reporting just makes it worse! Tell you one thing, I NEVER knew ANY "attempted" murder charge could be referred capital making it eligible for the death penalty! Way to go Virginia!
 
If the charge is attempted capital murder then he's eligible for the death penalty.

That's not true. You can't get the death penalty unless the victim is dead. Attempted capital murder is 20 years to life but not the death penalty.
 
That's not true. You can't get the death penalty unless the victim is dead. Attempted capital murder is 20 years to life but not the death penalty.

Thanks for the correction, Ralph. I thought it sounded pretty strange so I read up on the penal code and mis-read it regarding attempted capital murder. :jail:
 
If this has already been asked, I'm sorry in advance....but what are Virginia's open records laws like compared with Florida's (which are way open)? Also, are the courts inclined to deny cameras in the courtroom during trial? TIA
 
NBC29 ‏@NBC29 · 4h4 hours ago  Charlottesville, VA
JUST IN: #HannahGraham tip line and email have been shutdown. Anyone with info is now urged to call CrimeStoppers at 434.977.4000
 
NBC29 ‏@NBC29 · 4h4 hours ago  Charlottesville, VA
JUST IN: #HannahGraham tip line and email have been shutdown. Anyone with info is now urged to call CrimeStoppers at 434.977.4000

Police Shut Down Hannah Graham Tip Line
Henry Graff reports live at police HQ Nov 11, 2014 5:36 PM EST
http://www.nbc29.com/story/27357530/police-shut-down-hannah-graham-tip-line

Charlottesville bartenders unite to help end sexual assault and violence
A handful of bartenders met Tuesday afternoon to learn new ways of how to be an effective bystander

Nadine Maeser reports 06:40 PM EST Nov 11, 2014
http://www.wdbj7.com/news/local/charlottesville-bartenders-unite-to-help-end-sexual-assault-and-violence/29665460
"Sometimes there's a fine line of being helpful but also being respectful towards customers,” said restaurant manager and bartender Kat Dillon." [at the] Commonwealth Restaurant and Skybar in Charlottesville and was a driving force in Tuesday’s event. [She says] the restaurant industry has the ability to make a difference. She said starting a conversation is the first step in doing that and learning how to make violence less likely to happen is the second.


A new reminder http://wtvr.com/2014/11/10/promo-tim-longo-interview/

Interesting but not related http://www.whsv.com/virginiaap/headlines/Former-Official-Convicted-of-Sex-Crime-282089731.html
http://www.wset.com/story/27357368/day-two-of-search-for-wendy-francis-in-campbell-county-yields-no-results
 
If the charge is attempted capital murder then he's eligible for the death penalty.

I don't believe that attempted murder is a death penalty charge. They probably just made a mistake in the report.
 
That's not true. You can't get the death penalty unless the victim is dead. Attempted capital murder is 20 years to life but not the death penalty.

I think that would be a difficult charge to make unless her injuries were such that death was a probable outcome. She was not actually raped because the attack was interrupted, so it implies that he was not trying to kill her at that point since presumably rape would have happened first. Making the charge that he was attempting to rape her would probably stick, but I doubt the charge that he was attempting to kill her would. One might extrapolate that he would have if he was not interrupted based on the other two cases (if he was involved in those two) but you would not be able to introduce that in trial, and in the absence of that it likely will be difficult to prove attempted murder.
 
I think that would be a difficult charge to make unless her injuries were such that death was a probable outcome. She was not actually raped because the attack was interrupted, so it implies that he was not trying to kill her at that point since presumably rape would have happened first. Making the charge that he was attempting to rape her would probably stick, but I doubt the charge that he was attempting to kill her would. One might extrapolate that he would have if he was not interrupted based on the other two cases (if he was involved in those two) but you would not be able to introduce that in trial, and in the absence of that it likely will be difficult to prove attempted murder.

Please allow me to respectfully disagree.

This Washington Post article, and several others I've read, state that she was most certainly raped. LE would not have brought that charge if the rape hadn't actually happened.

http://www.washingtonpost.com/local...161ce8-5885-11e4-bd61-346aee66ba29_story.html

And I think strangling to the point of unconsciousness, as well as the severe beating the victim received, would qualify as attempted capital murder. Someone correct me if I'm wrong, but I think to choke someone until they pass out takes more than just a few seconds; it takes long enough so that the person doing the choking has time to think about and most certainly realize what he's doing. It isn't like pushing someone out of the way, or even throwing a punch or two. It takes concerted effort applied over time, and the observation, most likely right in the person's face, of what is happening to them. Omg it makes me sick to even think of it.
 
I don't believe that attempted murder is a death penalty charge. They probably just made a mistake in the report.

That was my first thought too as I wondered how attempted murder could be charged as a capital case.
 
Please allow me to respectfully disagree.

This Washington Post article, and several others I've read, state that she was most certainly raped. LE would not have brought that charge if the rape hadn't actually happened.

http://www.washingtonpost.com/local...161ce8-5885-11e4-bd61-346aee66ba29_story.html

And I think strangling to the point of unconsciousness, as well as the severe beating the victim received, would qualify as attempted capital murder. Someone correct me if I'm wrong, but I think to choke someone until they pass out takes more than just a few seconds; it takes long enough so that the person doing the choking has time to think about and most certainly realize what he's doing. It isn't like pushing someone out of the way, or even throwing a punch or two. It takes concerted effort applied over time, and the observation, most likely right in the person's face, of what is happening to them. Omg it makes me sick to even think of it.

One thing I noticed when reading the Virginia Penal Code (if I understand it correctly) is that if the defendant is found to be mentally retarded he/she can't receive the death penalty.
 
Does anyone know what the "big development" in the JM case overnight is? Marlena Baldacci tweeted it, to watch the Sit Room with Coy Barefoot at 5:49, but I missed it and can't copy and paste right now. I don't see anything on Coy's tweets or FB page.
 
That JLM was transferred to fairfax perhaps? I've missed it if there is anything else.
http://abcnews.go.com/US/wireStory/suspect-missing-va-student-case-transferred-26873715

That is what they talked about on Situation Room - JM having been moved to Fairfax in the middle of the night. Coy said JM left the jail in C'ville shortly after 10 pm and was booked into Ffx at 1:40 am. Coy and Wolf also discussed whether JM would soon return to C'ville or would stay in Fairfax for a while, but I didn't get the impression that they knew what would happen with him next. They talked about it being important for JM to be where he could consult with his Ffx attorneys.
 
I feel like the state of VA. and LE is doing what they do best in this state during cases similar to this - staying under the radar and releasing nothing. As others have said, I feel they are keeping their cards close. Smart in a way because it won't pollute a potential jury. AM's case was very similar to this although we heard a bit more about it then compared to these cases. However, perhaps we will hear more when there is a formal sentencing.

Personally, I feel they are letting Fairfax have its time while still gathering all forensics for HG.

One of the reasons it's been hard for me to post here. So much of it is speculation until we have more to go with. I've thought about Hannah and her parents so many times over the past few weeks. Morgan and her parents as well. I know Mrs. Harrington has stated in previous interviews LE hasn't ever given them a lot of information and often they only receive information about Morgan's case when it's released to the public. I do wonder if it's the same for the Graham family.
 
Seems like dna evidence in MH case is strong he will probably get life in prison or death for that one. Haven't heard of much evidence in the HG case, probably LE don't have much
 
how do they usually try serial killers? Do they like to do all of the murders at once? maybe because they are pushing for death penalty? I feel like maybe it's possible they are making sure they find out all (if any) other victims before charging for the murders. I guess they figure he isn't going anywhere for the time being.
 

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