VA - Hannah Elizabeth Graham, 18, Charlottesville, 13 Sept 2014 - #12

[gitana1]

First post. I have been following this fairly obsessively. I'm a lawyer in Richmond. Chief Longo specifically mentioned a trial. He isn't going to say anything that could mess with a future prosecution. The mere mention of trial leads me to believe he knows this is going somewhere. (Note: I practice boring business law!).

Welcome!! I hope you follow along here a bit obsessively as well. TONS of legal questions come up and not enough lawyers to field them.

 

[Lava]

I hope they didn't recover his "bodily fluids" in the car. How else could they include attempt to defile instead of just using "abduction"?

It is possible, and they may be planning to upgrade the charge. They may have also found something else that suggests he was interested in a sex crime, but not enough to prove it was carried out.

 

[Plumeria5]

:doh:

JVM: He was being tailed and they lost him?? Missed that part...Is that what they said?

Yes, Saturday he went to police station, asked for a lawyer, he didn't provide any info then he left the police station. Police followed him "overtly" and he began driving erratically (in his sister's car blue Sentra) and police backed off following for everyone's safety. Chief just said he's been on the run 3 days now.

Thank you so much for answering my question and keeping me up to date.

 

[cady]

I hope they didn't recover his "bodily fluids" in the car. How else could they include attempt to defile instead of just using "abduction"?

He isn't accused of Murder or rape....it is Abduction with intent to defile. Sounds like a trafficking ring to me. JMO

 

[indigoo]

Did anyone else notice that Kongo made no mention of finding Hannah? Or bringing Hannah home? Or giving answers to her family? I wonder why? There was no urgency. I think they already know, but are done sharing.

He did actually, at the end; a reporter asked if the search efforts would continue and he answered. He said it was a good question and reminded him to say that their top priority is to find Hannah. It was the only question he answered.

 

[Mimimak]

If they have verification that a known rapist is at large they have a responsibility to inform the public of this. I can't imagine them holding back this information.

Well, it may not be him, but there is a rapist at large with at least two victims. And potentially a sex offender at large, as evidenced by this arrest warrant. Does the public need more information than that?

 

[grange]

No words can express how her family must be feeling right now.
Whirlwind of emotions I'm sure. They need answers!!!

 

[Hejlena]

They have is cell phone correct? If so forensics may have come across deleted pics. Hence the more evidence to charge him.

Or a backpage-type ad, or a text that says "come on over I got something for you guys"

 

[sunflowerchick]

Could he be charged with abduction just by walking with her if a witness says she was in distress?

Sorry, a bit behind but I think the short answer is yes. If he had his arm around her and was "forcing" her to walk with him when she was trying to go a different direction, that would be considered abduction.

 

[HokieHi71]

I have a feeling they found HG clothes or piece of clothing in his house

This is what I believe as well.

 

[libby5264]

He isn't accused of Murder or rape....it is Abduction with intent to defile. Sounds like a trafficking ring to me. JMO

Damn. It really does

 

[netsleuth]

Longo comments on MH case at the end of this interview, does not rule out a connection:

http://myfox8.com/2014/09/23/hannah-graham-disappearance-what-we-know/

Wait for video to come up.

 

[2Hope4]

this particular statute appends a specific mental state to the above definition, that of the abductor doing the abduction with the intent to defile (commit rape, carnal knowledge, sodomy, object sexual penetration) or to place a child under 16 into prostitution.

The act of the abduction isn’t necessarily actually transporting the victim, and it would seem that the abductor could simply “deprive that person [the victim] of liberty” in the exact same spot where they met. The abductor can even transport the purported victim to an isolated location without any apparent protest from the victim. The prosecution must then prove the abductor’s mental state, i.e. The abductor took the victim to the other place for the purpose of being able to commit his sex crime without fear of being caught.

A specific example of “abduction with the intent to defile”: The abductor observes somebody at a convenience store in the process of shoplifting. The abductor approaches the victim and pretends to be store security, then transports the victim to an isolated location and commits a rape.

Abuction with intent to defile is a class 2 felony, punishable 20 years to life in prison and/or a fines of up to $100,000. This punishment would be in addition to the jury’s recommended punishment for the underlying sex offense, i.e. Rape, carnal knowledge, sodomy, object sexual penetration). This offense can pertain to victims who are either an adult or a juvenile

the most horrible thing about this statute is that it can tack 20 years of minimum-mandatory prison onto what may have been a relatively-low jury sentence for the sex offense. For example, i once had a jury for a rape in one jurisdiction which found my client guilty and gave him 5 years of prison time, the absolute minimum sentence. Then, the second jury in the jurisdiction from which the victim was abducted found him guilty of the abduction and had to give him the 20 years minimum mandatory.




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this!!!

 

[Evie Ivy Over]

I have a feeling they found HG clothes or piece of clothing in his house

Maybe so, but could JM really be that stupid? HG's name and face everywhere, his name implicated, and he leaves her clothes laying around his apartment? But who knows, just the other day I heard that murderers make an average of 20 mistakes with regards to leaving evidence exposed.

 

[Hejlena]

Mods are gonna have to resole their tennies tonight

:heartluv::heartluv:

 

[Athena12]

I hope they catch him soon, before he can hurt anyone else.

 

[Lava]

Well, it may not be him, but there is a rapist at large with at least two victims. And potentially a sex offender at large, as evidenced by this arrest warrant. Does the public need more information than that?

With everything that has happened in the past, and even the same weekend Hannah went missing...I hope the public is very aware and cautious!

 

[eileenhawkeye]

It makes no sense that a trafficking ring would target an upper middle class white girl like Hannah. Can someone post a link w/ a similar victim? I would think that even criminals know that certain victims get media circuses and tons of resources...big risk to abduct one of them.

 

[Lava]

Maybe so, but could JM really be that stupid? HG's name and face everywhere, his name implicated, and he leaves her clothes laying around his apartment? But who knows, just the other day I heard that murderers make an average of 20 mistakes with regards to leaving evidence exposed.

You would think he'd have plenty of time to get rid of them. But, we have seen in the past perps hide their victims clothes in their own closets. Criminals aren't always smart lol.

 

[Dogkarma]

Bingo! You Beat me to it. And seriously, you all didn't see this coming? And This may have been said, already, but the charges will be updated as the case continues to progress.

I hate it. I really do, as another UVA grad I ...well...anyway...my heart is with you Hannah...

Forgot to say...I am new..from TN and ANOTHER atty. thanks everyone for all the input these past few days. For whatever reason it has been a catharsis...