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

[jamicat]

Forgive me if this is a dumb question.

Could JM's lawyer ask, or even see, what evidence they have before having him go to police?

I believe there is some evidence that the lawyer can see. However, in cases like this, IMO, he's better off in jail. He's safer, the family's safer, everyone is safer. Though it may seem like a horror show to be in the national spotlight with such notoriety, it does provide JM some protection in terms of violation of rights. Every move that LE and the DA's office makes is under scrutiny and several LE agencies like FBI are breathing down local law officer's necks. They are going to have to be very careful in how they treat JM.

Also, JM seems to have an anger management problem, is careless, has poor judgement. Not the savvy sort that can survive well on the run. He is risking his friends and family's safety if they are harboring him, also subjecting them to possible charges. Really, he is more of a danger on the loose. If he were a friend of mine or a family member, I'd try hard to get him to turn himself in. Jail is not the worst thing in the world.

 

[Fluffhead]

But didnt the police watch him drive recklessly and not pull him over? If they thought he was endangering passengers, they would have pulled him over. Has he even been charged with fleeing from the cops while driving?

I think if they actually wanted him in jail for reckless driving, they would have caught him right then.

I think it was stated that they chose not to pursue him as that would have created a bigger danger. They let him go.

 

[MrPalomar]

I haven't seen any indication that he said such a thing to LE. His Grandmother said he told his mother, but that is about it.

Yes you are right. Grandma was the one who said that, and I believe it was to the media, not to LE.

 

[katiewonders]

Yes but I was responding to someone who wondered if this evidence would be given to the defense atty before JM turns himself in to police.

There has to be some type of evidence for charges and an arrest to take place.

 

[Dogkarma]

And another question: is it ethical for a lawyer to continue to represent a client who has arrest warrants, and the attorney knows where the client is?

Short answer: yes. Attorney-client privilege.

And, yes the attorney should get all the discovery of evidence the DA has against his client, in theory.

Finally, this case is of such notoriety, who knows the defense attorneys who are willing to represent JM at this point??

 

[bakerlady]

the tweet in question listed as a source "detective" not longo.

Please read the quote one more time. Maybe third times the charm

Female Reporter: (0:24:28) You have so much surveillance video of Hannah. Do you have her
leaving the Tempo restaurant? Do you have video surveillance of her getting into his car?
Chief Longo: (0:24:38) Jim? Is that something you're willing to share?
Sgt. Mooney: (0:24:42) I'm not going to** I'm not going to talk at all about the vehicle and what we
know, but we do have them together after they left Tempo restaurant, so he's still with her at that
time.

He is officially titled Seargant-Detective Jim Mooney. He is the one misquoted in the Tweet.

 

[bessie]

​

We've opened a Hannah Graham forum. All of the general discussion threads, and the media thread have been moved there already.

I'll be working on starting new topic specific threads throughout the afternoon. As each one becomes open for posting, a note will be posted in the general discussion thread.

Eventually, we will discontinue the general discussion threads, and use only the topic threads.

At this time, please continue at Thread #14 in the Hannah Graham forum. I will close this thread in about five minutes.

Thanks.

[h=2] VA - Hannah Elizabeth Graham, 18, Charlottesville, 13 Sept 2014 - #14 [/h]

 

[CHERIE.T]

I think you pretty much would have to have evidence that someone was falling down drunk or incoherent to sustain a consent charge. Mostly that would come from witnesses, or video if that was around (people often take video of people they know making fools of themselves, for example). Not making safe choices isn't the criteria, it is the ability to make choices at all, that is what counts. Even after a few drinks you probably are going to make unwise choices (alcohol has that effect), but you would still be responsible for them.

In this case I don't see anything to support an incapacitated claim. It sounds like she was drunk, but still capable of making decisions.

Have you ever been around someone who is drunk and trying to make decisions?

 

[GhostGhost]

Yes you are right. Grandma was the one who said that, and I believe it was to the media, not to LE.

Grandma's anger was reserved for those Stupid As*s shorts he's always wearing (Chases with switch).

'

 

[jamicat]

I am behind... But am taking the risk on jumping in here to give my two cents...:twocents:

I am waiting for LE to catch up with JM... Or vise-versa...

While thinking about the announcements of LE... It is interesting to me that there has not been a seeming urgency to find him... I.E.... No warnings of armed and dangerous, or just dangerous...

I also feel LE does know where he is... And is tracking him in some way...

Perhaps they are waiting for him to take them to Hannah, or catching him communicating with an associate important to the case, both of these, or ???

Just my thoughts at the moment...

P.S. Wow! There are 582 users browsing on this thread ATM... 242 members and 340 guests...

Please join in if you have anything to share...

:seeya:

BBM

No. They do not know where he is. THey would have arrested him if they did know and will do so when they do find out. THey have been going after black males with dreadlocks in VA since the Wanted alert went out. So, they are looking for him and would have arrested him on the spot if police saw him or there would be some big chase scene or stalk the house scene if they find out where he is. That' s a reason why he should get a clean, smooth process through his attorney to turn himself in. He's endangering self and others out there with warrents out on him and LE actively looking for him. Hopefully the attorney gets a deal together with LE and JM.

 

[margarita25]

(O/T: I am linking Jamisha Gilbert's thread here for our new members, and anyone else who might be interested; Just K's post last night got me rewondering about some things, and its been bothering me all night. Here is the link, since we are not allowed to discuss other cases here at this time. TIA :seeya:

VA - Jamisha Gilbert, 18, Lynchburg, 29 November 2013 #2
http://www.websleuths.com/forums/showthread.php?228569-VA-Jamisha-Gilbert-18-Lynchburg-29-November-2013-2/page4 )

 

[darring21]

How do we know they don't have evidence? The police don't go around charging someone for abduction and for defiling the victim based on a whim. Imo, they do have evidence and once they obtained the evidence needed is when they charged him. If they just wanted to arrest him without evidence to support it they could have done that days ago. There is a valid reason why they held off on charging him until they did.

Why would LE be looking for other suspects when the evidence is telling LE... JM is the one?

It takes time to gather evidence and get the results. And there will be even more evidence coming back from the lab than has already been sent and returned.

I do believe they have evidence. Of course they are not going to disclose what that evidence entails nor should they.

I am sure his attorney is trying to persuade him to turn himself in. Yet, if he is in contact with JM it doesn't seem to be working.

I think JM knows that he left evidence behind that will tie him to Hannah's abduction. He probably never thought LE would come there and impound his car or search his home or phone.

So, imo, he wont come back, and right now, he knows if he is also guilty of other crimes as well.

There is no incentive for him to return.

This may end badly. Not by LE because they definitely want to arrest him and bring him to justice but if he is armed he may think the cowardly way out is to have a shootout with LE.

IMO

There have been countless times when LE has charged someone without sufficient evidence or fabricated evidence. Why do charges get dropped? Why do prosecutors lose in court some times? Because the evidence didn't support the charges. Go read the Duke Lacrosse case.

The reason they didn't charge earlier is they were hoping for more evidence. More videos, eyewitnesses, DNA, a body, something. They didn't get that and the case was going stale... so they had to make a reach on the charges. In fact, if that were the case, you can make an argument that it would be the moral thing to do for LE. They have him as the last person with her, they may think he did it, and he won't talk. I'd make up some charges and bring him in if I was LE. It might not be ethical but is the moral thing to do.

Or perhaps they do have evidence and he is a guilty . I don't know.... and neither do you.

 

[Elley Mae]

​

We've opened a Hannah Graham forum. All of the general discussion threads, and the media thread have been moved there already.

I'll be working on starting new topic specific threads throughout the afternoon. As each one becomes open for posting, a note will be posted in the general discussion thread.

Eventually, we will discontinue the general discussion threads, and use only the topic threads.

At this time, please continue at Thread #14 in the Hannah Graham forum. I will close this thread in about five minutes.

Thanks.

[h=2] VA - Hannah Elizabeth Graham, 18, Charlottesville, 13 Sept 2014 - #14 [/h]

bbm That is what I hate. just sayin I lose interest when general is gone.

 

[gwood22949]

There has to be some type of evidence for charges and an arrest to take place.

The Commonwealth's Attorney has to see valid evidence for him to agree to issue a warrant. The defendent's attorney can see the evidence after the suspect is in custody. Then, a grand jury will need to see the evidence to certify the charges. finally, the evidence is presented to the jury of peers.

 

[mirv22]

Bumping the answer to this question

Thank you! I was holding off on saying anything. Mainly because I didn't feel comfortable sharing this story, as it isn't my story to tell. Secondly...I was worried I would break TOS.

 

[Elley Mae]

The Commonwealth's Attorney has to see valid evidence for him to agree to issue a warrant. The defendent's attorney can see the evidence after the suspect is in custody. Then, a grand jury will need to see the evidence to certify the charges. finally, the evidence is presented to the jury of peers.

I don't know why but I feel like they are hoping for evidence to come, I don't think they are going to get it, just my opinion at this time.

 

[Tugela]

I'm a UVA nursing student and I've spoken to a couple of classmates about this situation. A lot of them work as PCAs in the hospital and have interacted with JM. Two of them ran into him as they were clocking out for work and he creepily invited them for drinks. These girls are 21 years old at most. JM also asked for one of the girl's last name since her badge was always facing the other way (probably for a good reason!). Let me know if you have any questions about UVA life. I will say have a lot of mutual friends with Hannah, though I have never met the girl. The mood hasn't really been the same on grounds since her disappearance.

What is suspicious or creepy about that? University environments have plenty of graduate students and post-docs wandering around who are of similar age to this guy and socialize within the university culture.

 

[DavidC]

And I absolutely agree with you.

I don't know why but I feel like they are hoping for evidence to come, I don't think they are going to get it, just my opinion at this time.