JLM Charged in 2005 Farifax Rape Case

[klily444]

He and his attorney must be present in court on 10/23 @ 9a for term day - just got word by email from cc.

(case no. FE-14-1313)

Sorry if this is a silly question but what is term day?

 

[astridxx]

Sorry if this is a silly question but what is term day?

Basically a day to set a court date.


Sent from my iPhone using Tapatalk

 

[littlemaybaby]

FWIW:

..."Matthew’s attorney, James L. Camblos III, said Tuesday he will not be representing Matthew in the Fairfax rape and abduction case. He also declined to say whether he told his client that the remains found Saturday are suspected of being Graham’s."

http://www.bdtonline.com/news/article_014f083a-5965-11e4-b67d-67a03ffc3f40.html

Is this standard for a defense attorney to only represent his client on some charges/in some jurisdictions?

 

[Harmony 2]

Penetration with an object is the new definition of rape.

http://www.justice.gov/opa/pr/attor...isions-uniform-crime-report-s-definition-rape

I have a different interpretation of what is written in that article. It does not mean that 'penetration of an object' is the new definition of rape. My interpretation is that it would be included as one of the forms of rape. The new definition is more inclusive and encompasses other forms.

 

[klily444]

I have a different interpretation of what is written in that article. It does not mean that 'penetration of an object' is the new definition of rape. My interpretation is that it would be included as one of the forms of rape. The new definition is more inclusive and encompasses other forms.

Do you feel it's implied that she was penetrated by an object, or what our standard view of rape is? Or, is it too ambiguous to know?

 

[astridxx]

Is this standard for a defense attorney to only represent his client on some charges/in some jurisdictions?

It depends on whether or not the attorney is licensed to practice in that state (if it's in a different state), and it also depends on how far the jurisdiction is and how comfortable an attorney may be with the courthouse, judges, prosecutors. I know a couple attorneys that go all over northern VA and into central VA. We only practice in 3 jurisdictions but if we have a client with a serious enough charge in a jurisdiction local to us, we will take their case. I think, at the end of the day, it depends on the attorney themselves.


Sent from my iPhone using Tapatalk

 

[Jo in Calif]

I have a different interpretation of what is written in that article. It does not mean that 'penetration of an object' is the new definition of rape. My interpretation is that it would be included as one of the forms of rape. The new definition is more inclusive and encompasses other forms.

Thank you, I reread, you are correct.

 

[Tink56]

Fox News recently had a segment about Hannah. The news anchor was speaking to a detective who supposedly had said at the beginning that this could be a SK. The anchor asked if JM's being expelled from 2 schools on alleged rape charges could be brought up in trial but the detective didn't know VA law. Anyone on here know?

I think it would be great if the prosecutor could at least have the heads of the colleges testify as to why JM had been expelled. Shows a pattern.

Whether or not something is admissible depends on whether the judge deems a given witness or piece of evidence more "prejudicial or probative." Generally, these types of decisions are made pre-trial or during the trial based on case-law arguments. Obviously, defense attorneys would hope to squash any of these types of witnesses, but prosecution may convince a judge that the witness/testimony is relevant.

I've seen examples in which things I "thought" were important omitted during the trial phase. Once, the behavior and incidents were deemed too far in the past to be relevant to the case at hand. However, they were allowed during the penalty of phase of the trial. In another case, a recent related incident was allowed. Both times the specific evidence was debated before the judge (no jury present) and the respective lawyers presented their information with substantiating case law.

 

[Evie Ivy Over]

I have a different interpretation of what is written in that article. It does not mean that 'penetration of an object' is the new definition of rape. My interpretation is that it would be included as one of the forms of rape. The new definition is more inclusive and encompasses other forms.

Could it be a particular object for this purpose has been found at multiple crime scenes, creating a forensic link?

 

[Emaa]

Interesting links.

Fairfax County court Preferred Criminal Practice http://www.fairfaxcounty.gov/courts/circuit/pdf/preferred-criminal-practices.pdf

2014 Circuit court calendar http://www.fairfaxcounty.gov/courts/circuit/pdf/2014-circuit-court-master-calendar.pdf

 

[wall0214]

Do you feel it's implied that she was penetrated by an object, or what our standard view of rape is? Or, is it too ambiguous to know?

There are two types of penetration: animate (i.e. living) "object" penetration and inanimate (non-living) "object" penetration. Animate object penetration would occur with the fingers/hands and penis and inanimate penetration would consist of penetration with essentially anything else. The VA state statute does not require the the type of penetration be specified as penetration, with either an animate or inanimate object that is against the will of the victim is against the law.

 

[Jo in Calif]

I truly think the object is his own appendage.

 

[Evie Ivy Over]

Do you feel it's implied that she was penetrated by an object, or what our standard view of rape is? Or, is it too ambiguous to know?

It would seem that with the definition of rape that's been posted, there wouldn't be a need to state "object" in JM's charges unless there was an object. If a body part was involved, which is also used in the definition, they wouldn't include "object" in the charges, would they? I wouldn't think so, but legal-eze can be extremely confusing.

 

[cluciano63]

Jmo I think it will be at trial before we hear much about Morgan's death that does not come via her parents. LE seems have to said close to nothing in the almost five years since she was found. Nothing against her parents, but Imo their words aren't official. Jmo

 

[wall0214]

It would seem that with the definition of rape that's been posted, there wouldn't be a need to state "object" in JM's charges unless there was an object. If a body part was involved, which is also used in the definition, they wouldn't include "object" in the charges, would they? I wouldn't think so, but legal-eze can be extremely confusing.

The title of the code section is: "§ 18.2-67.2. Object sexual penetration; penalty."
"Object sexual penetration" covers both animate and inanimate sexual penetration - the statute doesn't require that they disclose whether it's animate or inanimate penetration - that detail will only likely be revealed at trial. "Object" is going to be in the wording regardless because that's how the code section is worded.

 

[Evie Ivy Over]

The title of the code section is: "§ 18.2-67.2. Object sexual penetration; penalty."
"Object sexual penetration" covers both animate and inanimate sexual penetration - the statute doesn't require that they disclose whether it's animate or inanimate penetration - that detail will only likely be revealed at trial. "Object" is going to be in the wording regardless because that's how the code section is worded.

Got it...Thanks!

 

[trixandhoney]

Is there a reason to debate what the object was that he used to rape the Ffx victim? I'm not being snarky; I'm genuinely curious. We know LE has forensic evidence - enough to charge JM, so I don't see what difference it makes.

 

[Evie Ivy Over]

Is there a reason to debate what the object was that he used to rape the Ffx victim? I'm not being snarky; I'm genuinely curious. We know LE has forensic evidence - enough to charge JM, so I don't see what difference it makes.

My thinking was that maybe a certain type of object has been found at multiple crime scenes. This came to mind as an explanation as to how/why it would be known that MH was raped. That's the reason why I question it.

 

[justwannahelp]

With DNA proof, they absolutely must be beside themselves.
And, honestly, probably looking back on things and seeing moments where they could have stepped in and attempted to help him. Surely they saw his aggressive side. Surely they heard or witnessed his anger at women...

A lot of families live their lives in denial about who they really are and who their children actually are, though, so who knows...

I forgot to ask a while back when the landlord spoke to press about the inside of JLM's apt. In reference to his inspirational posters, the landlord said something like "this is the good side JLM." Did the media ever elaborate on that? What does the landlord personally know of JLMs bad side, or was he or she referring specifically to the rapes, murders, and abductions. Not that thats not bad enough, just wondering if he or she witnessed something in the apartment complex. Fights with women etc.?? A bad temper?

 

[ksj3]

He and his attorney must be present in court on 10/23 @ 9a for term day - just got word by email from cc.

(case no. FE-14-1313)

Ohhh....that makes me nervous. I really don't want him out of that 6 x 9 cell.

And he doesn't have an attorney for that case. So now what?