The Charges Against Jesse Leroy Matthew

[mainemom]

JM in isolation..
https://www.facebook.com/ParkSlaybaugh?fref=photo
Parker Slaybaugh 8News
20 minutes ago
#HannahGraham

I am also learning that #JesseMatthew is being held in isolation at the jail, he is only out of his cell for up to 1 hr a day to shower and exercise. He has been very cooperative with staff instructions. His cell measures approximately 6x9 with a toilet and sink and a raise concrete bed with a plastic covered mattress and a blanket. He can request books from the library.

 

[Conductor71]

First thought in my head, penetration with an object, he is impotent. Are there any rapes and murders that have been done with someone who is impotent? Just thought, someone here may know. Maybe just a crazy thought of mine, I have many.

I do not think that is what it means. From my understanding it serves to define the legal difference between rape and defile. It is telling that we used to refer to the Fairfax rapist; even in press, not "defiler". There is a clear legal distinction, according to this source:

Virginia Criminal Law and Procedure

7.2 Moreover, attempted rape in Virginia also requires the "commencement with consummation", an act or condition which may well beyond the mere hope or vague intent which will aggravate the abduction charge.

"Defilement includes many acts different from the sexual intercourse specified by a charge of attempted rape."

In other words, the way I interpret this is that in the 2005 case, that he may have intended intercourse but there was no commencement or consummation. That penetration definition is a catchall for any other untoward or unwanted direct sexual contact. My interpretation.

Anyone else catch the difference in charges?

 

[LI-Mom]

Fairfax indictment http://ftpcontent.worldnow.com/wvir/documents/MatthewFairfaxIndictment.pdf

 

[Conductor71]

I do not think that is what it means. From my understanding it serves to define the legal difference between rape and defile. It is telling that we used to refer to the Fairfax rapist; even in press, not "defiler". There is a clear legal distinction, according to this source:

Virginia Criminal Law and Procedure

7.2 Moreover, attempted rape in Virginia also requires the "commencement with consummation", an act or condition which may well beyond the mere hope or vague intent which will aggravate the abduction charge.

"Defilement includes many acts different from the sexual intercourse specified by a charge of attempted rape."

In other words, the way I interpret this is that in the 2005 case, that he may have intended intercourse but there was no commencement or consummation. That penetration definition is a catchall for any other untoward or unwanted direct sexual contact. My interpretation.

Anyone else catch the difference in charges?

I am bumping this up because I wonder if anyone knows what this means? Not enough evidence to charge with rape or easier to prove?

 

[Soulmagent]

I am bumping this up because I wonder if anyone knows what this means? Not enough evidence to charge with rape or easier to prove?

It means they want to use his rape conviction as a consideration in his murder trial or trials.. To seek the death penalty.

Good try though.

 

[Conductor71]

It means they want to use his rape conviction as a consideration in his murder trial or trials.. To seek the death penalty.

Good try though.

I am sorry. What rape conviction?

 

[Just K]

Not sure. Fondling someone is different than intercourse, and makes it less likely there was any seminal fluid. How is he then linked to MH? Are you saying that it doesn't matter so long as one of the charges sticks? Thanks!

Yes, he is being charged with Attempted Capital Murder. The DNA in that case came from skin and blood under the victim's fingernails.

 

[Mountaingazer]

I am bumping this up because I wonder if anyone knows what this means? Not enough evidence to charge with rape or easier to prove?

She was raped from behind and would not be able to say 100% that she was penetrated by his pens. There probably was not semen inside her to prove it either. But, I am sure her rape kit and examination showed she was forcefully penetrated by "something".

 

[Just K]

I believe that the other poster is suggesting that the Fairfax case will go first to show a prior pattern of behavior. So, when they prosecute JLM Jr for Morgan H and hopefully Hannah G, they will be able to go for the death penalty.

 

[Soulmagent]

I am sorry. What rape conviction?

The one Fairfax is about to get ..:loveyou:

 

[LI-Mom]

She was raped from behind and would not be able to say 100% that she was penetrated by his pens. There probably was not semen inside her to prove it either. But, I am sure her rape kit and examination showed she was forcefully penetrated by "something".

Wasn't she strangled into unconsciousness? That would be the attempted murder. And if she was unconscious she may not know what he used to penetrate her. If there was no semen it might be because he didn't get to finish because that guy interrupted and saved her.

Or do I not have the facts right?

 

[Mountaingazer]

Wasn't she strangled into unconsciousness? That would be the attempted murder. And if she was unconscious she may not know what he used to penetrate her. If there was no semen it might be because he didn't get to finish because that guy interrupted and saved her.

Or do I not have the facts right?

No your facts are straight, that is another really good possibility for the charge!

 

[razzledazzle]

Especially if she does not want to come forward. How can you convict of attempted murder without victim's consent. Maybe there is precedent for that but kinda weird.

IMO, I think this charge is likely being used more to build a case for MH and HG. Shows escalating violence. Unless victim comes forward I can't see a conviction. However, I wonder if it could be a factor if there is a conviction in other case(s).

BBM:
Respectfully, I disagree. The Fairfax Victim (SURVIVOR) deserves her own justice, and she will get it... in a court of law... with DNA... cooperatively and grateful for the opportunity to provide witness! JMO of course.

 

[Dear Prudence]

She was raped from behind and would not be able to say 100% that she was penetrated by his pens. There probably was not semen inside her to prove it either. But, I am sure her rape kit and examination showed she was forcefully penetrated by "something".

Where did this information come from? She saw his face well enough to give a description for a sketch and he strangled her to unconsciousness. Both of those facts suggest he was not behind her.

 

[littlemaybaby]

BBM:
Respectfully, I disagree. The Fairfax Victim (SURVIVOR) deserves her own justice, and she will get it... in a court of law... with DNA... cooperatively and grateful for the opportunity to provide witness! JMO of course.

100% agree. So does a grand jury who found enough evidence to indict him. Farifax LE said it in their PC - their case stands alone.

 

[bessie]

Guys, I'm going to close this thread now. Please continue the discussion in the threads for the specific victims.

Thanks for your cooperation. I know you've been shuffled around a lot today, and I apologize for the inconvenience. Just trying to keep things organized and up to date with the latest developments.

I'll wait about five minutes so no one is caught up in the middle of posting.

:tyou:

[h=1]JLM Charged in the Hannah Graham Case[/h] JLM Charged in 2005 Farifax Rape Case

JLM linked to Morgan Harrington murder