JLM *GUILTY* in 2005 Fairfax County Rape Case #2

[Conductor71]

I think it's safe to say defense attornies are not Empaths! I could NEVER defend a murderer or a rapist. I bet there are defrnse attornies out there with souls, but Camblos is definitely not one of them.

From what I understand, Camblos is not his defense attorney. He is merely in advisory and supportive role as liaison between the court appointed attorneys in Fairfax and JLM's family.

 

[Conductor71]

This trial is really moving fast! I think they will finish earlier than anticipated.

I mean, how long can the defense drag out the "it was some other guy and it is a totally innocent coincidence that JM's DNA just happened to be under her fingernail" defense?

I don't see how they are dragging it out; they simply have not had their turn in presenting their own DNA expert's findings which I am sure they will do tomorrow. There are several cases of false identity based on innocent transfer of DNA. The expert the defense retained has specialty in conducting independent analyses of DNA profiles and providing expert testimony. It will be interesting to see what he has to say, I think. This case pretty much rides on DNA, so the jury may have their work cut out for them. I don't think this is so much a slam dunk.

http://www.theguardianonline.com/wr...fessor-dan-krane-sheds-light-on-dna-analysis/

 

[Conductor71]

Good point.

As I read about this case unfolding in court, my thoughts on Defense Attornies plummets further. I get wanted to defend an innocent person. But a rapist/murderer? Why in the world would someone want to keep a person like that OUT of jail? Clearly motivated purely by money.
It brings my opinion of the human race down a notch, unfortunately.

It is my understanding that both lawyers in this case are public defenders. That is they have private practices but do pro bono work to provide accused "everyday" people due process as is their constitutional right. They are hardly an OJ Simpson "dream team" making millions. Matthew and his family do not have the income levels and thus luxury of putting together their own team of hand picked super lawyers, so the court appointed him "free" public defenders. Fortunately they seem competent, so this works for both sides: Matthew will get good counsel; if he is found guilty and convicted this makes it near impossible for future appeals for a mistrial on grounds that he had inadequate legal representation I am no expert but just sharing what I have read on some legal analysis of the case and my take on it.

JLM still has not been proven guilty of this attempted rape or any other charges that I know of.

 

[Conductor71]

I know it's their job and somebody has to do it, but I don't know how they do it. We know the defense knows he's guilty, so I have to wonder how they overcome it to defend them. It's a good thing I'm not a lawyer, I guess.

How is it the defense knows he is guilty? The defense lawyer does not need to be convinced of a client's innocence or guilt; their role is to uphold the accused's constitutional right to due process. This is my understanding, but I am no legal expert so please correct me or clarify if wrong.

 

[Conductor71]

Laura French tweeted there will be Defense witnesses also tomorrow. Anyone know what that's about?

In March, the defense hired a professor of Biology at Wright State University who is a DNA expert. He was retained to provide independent analysis of DNA evidence. I expect he will testify in court as he has done in many high profile cases. If he validates findings of State DNA evidence; it doesn't look good for JLM. However, he is far better educated and more experienced than the State's expert, so if he expresses any doubt or shows flaws or weakness in fingernail scraping DNA, than there is reasonable doubt. Especially if the prosecution cannot prove JLM was even in Fairfax the night of the crime through witnesses, cell phone records, etc. It might plant the seed of reasonable doubt with jury members.

Dr. Krane's site: http://www.bioforensics.com/

The defense may also have witnesses supporting that JLM has an alibi and was not even anywhere near Fairfax the night of the crime. We were never given witness testimony or evidence placing JLM in the area the night of the attack; at least so far as what I have followed live on Twitter. Maybe I missed that?

 

[Conductor71]

One thing I find really unusual is that there is no other DNA evidence at the crime scene matching JLM. The victim's underwear was tested and no fluids or DNA transfer identified matching JLM. There was also a shoe, cigarette butt, glasses, but no matching DNA to the fingernail scraping. Is this normal? Seems odd there is absolutely no trace evidence placing JLM at the scene. No matching hairs found; no transfer DNA on objects or clothes. Not saying he is guilty or innocent, but this seems strange to me.

I recall that the cigarette butt found at the scene was DNA profiled but did not match JLM. Maybe it was assumed to be crime linked but could have been in grass prior to assault? Still, odd nothing on underwear. Maybe gloves were worn?

 

[AnnaGrace]

Long time reader, first time poster. Hi!

There's a good HBO documentary called "Gideon's Army" that follows three young public defenders and tries to address that question. Speaking more broadly than Jesse Matthew, it's less about whether the defense thinks their client is guilty or innocent and more about upholding the defendant's rights in court and providing him with a fair trial. Let the defense grasp at straws. The prosecution has so far presented such a strong case. Jesse is getting his fair trial and, god willing, he'll get the fair results.

Thank you grahamsha! I'm glad you decided to join in! I'll check out the documentary "Gideon's Army". I understand the public defenders are appointed and I've always wondered if once they're appointed, can they decline a case or are they required to represent the client, if appointed? I know the defendant's right to a fair trial, but I just wonder how the defense lawyers put all the damning evidence out of their mind to represent their client. That's why I know I could never be a lawyer, because I just don't think I could do it, if I couldn't believe in my client! Thank goodness there are those who can, so the client can get a fair trial. I think they have quite a challenge! Whoosh! I hope what I said here is coherent.

Again, welcome grahamsha!

 

[AnnaGrace]

How is it the defense knows he is guilty? The defense lawyer does not need to be convinced of a client's innocence or guilt; their role is to uphold the accused's constitutional right to due process. This is my understanding, but I am no legal expert so please correct me or clarify if wrong.

Thank you Conductor! From your posts, I can see that you've read up on the aspects and are very knowledgeable about this case and the process of defense. When I say the defense knows he's guilty, I should have added IMO. I think because I have 0% doubt, I was putting my own feelings in there. Maybe, you can answer a question that I have and have had many times in cases where guilt seems so obvious. If a defense attorney is appointed, by the court to defend a client, can that attorney decline or is he/she required to defend that case? I have to say, you're more of an expert on this than I am. TIA

 

[AnnaGrace]

I'm under the impression that the last witness for the prosecution today, will clear up any questions that are still out there about the DNA. JMO

I remember reading somewhere that the prosecution had witnesses, who were JM's friends, who could place him in Fairfax at the time of the attack. I wonder what happened with that?

I think today, the defense will present their case and call any witnesses they may have in JM's defense. I wonder if they'll recall any of the prosecution's witnesses for questioning?

So far, I think the trial has gone pretty fast. I'm really anxious to see what happens today!

 

[Hoosgirl]

I don't see how they are dragging it out; they simply have not had their turn in presenting their own DNA expert's findings which I am sure they will do tomorrow. There are several cases of false identity based on innocent transfer of DNA. The expert the defense retained has specialty in conducting independent analyses of DNA profiles and providing expert testimony. It will be interesting to see what he has to say, I think. This case pretty much rides on DNA, so the jury may have their work cut out for them. I don't think this is so much a slam dunk.

http://www.theguardianonline.com/wr...fessor-dan-krane-sheds-light-on-dna-analysis/

Sorry, I wasn't very clear in my statement! I meant that after the prosecution rests, I didn't foresee the defense taking very long to present their case, which seems to me from opening statements to be that his DNA was there by an innocent transfer. Not that they are dragging it out now

 

[AnnaGrace]

Something I've been thinking about, is will the DNA experts be able to state how they came about getting a match to JM. I know his past criminal history, etc. is not to be discussed in this trial, but will it be brought out how that his DNA was on Morgan's tshirt and there was no match until JM was arrested and his DNA was entered into the system and was a match.

Do we think that once this trial is over and Hannah's trial, that charges will be made for Morgan? We've waited almost six years for answers and justice in Morgan's case.

My thoughts were with the Harrington's as they attended this trial. I'm sure as the victim gave her testimony, that they pictured all the horribleness happening to their daughter. Even though the Graham's weren't at the trial, I'm sure as they read all these things, they pictured all this happening to their daughter. I know I did. My heart goes out to all of them and they're so in my thoughts through this trial. There's no words to say how sad I feel for RG as she had to relive this horrible experience. I admire her so much and am full of gratitude and compassion for her.

 

[Hoosgirl]

http://abcnews.go.com/US/wireStory/jesse-matthew-trial-turns-victim-dna-evidence-31630947

The defense asked jurors at the outset of the trial to be cautious in evaluating DNA evidence, suggesting that Matthew's DNA could have been inadvertently transferred to the victim by coming in contact with a surface.

Also Tuesday, a forensic scientist testified about his analysis of DNA recovered from the crime scene. Nathan Himes told jurors that he was able to isolate and analyze DNA recovered from underneath the fingernails of the victim.

DNA found in a small bit of blood under one fingernail belonged to the victim herself. But DNA underneath another fingernail came from a man.

While Himes testimony indicates that male DNA was recovered from the scene, the jury has not yet heard evidence linking that DNA to Matthew. That testimony is expected from a subsequent witness.

On cross-examination, Himes acknowledged that his testing can't draw any conclusions on how someone's DNA ends up under a fingernail.

"I can't tell how the DNA got there," he said.

 

[oceanblueeyes]

I have seen plenty DAs have a short CIC, Juan Martinez comes to mind. Then once the defense has their CIC the state gets a rebuttal. I usually find the rebuttal even more revealing than the CIC by the Prosecutor.

I just don't know how the defense is going to be able to totally dismiss the evidence under the fingernails of the victim as being mere innocent transfer. I think that is going to be a hard sell for reasonable jurors to believe. It wasn't typical DNA like his dead skin cells. The DNA was blood evidence. She said she was able to scratch her assailant.

IMO

 

[Hoosgirl]

I have seen plenty DAs have a short CIC, Juan Martinez comes to mind. Then once the defense has their CIC the state gets a rebuttal. I usually find the rebuttal even more revealing than the CIC by the Prosecutor.

I just don't know how the defense is going to be able to totally dismiss the evidence under the fingernails of the victim as being mere innocent transfer. I think that is going to be a hard sell for reasonable jurors to believe.

IMO

Interesting point about a rebuttal. If the prosecution is only presenting one more witness (presumably a DNA expert who did the match), then why no witnesses placing JM in Fairfax? I will be disappointed if they present no evidence of this.

 

[oceanblueeyes]

Interesting point about a rebuttal. If the prosecution is only presenting one more witness (presumably a DNA expert who did the match), then why no witnesses placing JM in Fairfax? I will be disappointed if they present no evidence of this.

The problem with that though rapists often do not let anyone know they are going to be in the area. The whole idea is to do the rape with no one knowing they were in that area at the time. I really don't think they have to prove he was in the area. The DNA is his own blood. That puts him there whether anyone saw him or not or knew he was going to be there.

IMO

 

[Hoosgirl]

From what I understand, Camblos is not his defense attorney. He is merely in advisory and supportive role as liaison between the court appointed attorneys in Fairfax and JLM's family.

From Neal Augenstein, WTOP, in response to his tweet about having lunch with Camblos (tweeter said they thought Camblos was no longer serving as his attorney)

@AlpineSophie was replaced in Albemarle, still appointed n tairfax
2:41pm - 8 Jun 15

 

[Hoosgirl]

The problem with that though rapists often do not let anyone know they are going to be in the area. The whole idea is to do the rape with no one knowing they were in that area at the time. I really don't think they have to prove he was in the area. The DNA is his own blood. That puts him there whether anyone saw him or not or knew he was going to be there.

IMO

Oh, I totally agree! I should clarify that I would be disappointed only because the prosecution told the jury that his friends placed him in Fairfax. If they don't follow up on that statement, then I will be disappointed.

But maybe the defense will concede that he was in town in order to bolster the claim that his DNA didn't magically transfer from Charlottesville to a Fairfax Giant store, for example

 

[themom]

Does the trial begin at 9am today?

 

[Dr. Know?]

NBC12 WWBT Richmond

DAY AHEAD: Day 3 in Jesse Matthew trial
NBC12 WWBT Richmond ‏@NBC12 · 2h2 hours ago
DAY AHEAD: Day 3 in #JesseMatthew trial begins at 10AM:
http://shout.lt/5wKs


By NBC12 WWBT Richmond @NBC12

Day three of the attempted murder and sexual assault trial for Jesse Matthew gets underway at 10 a.m. Wednesday.

 

[Dr. Know?]

Chuck Carroll ‏@TheChuckCarroll · 4m4 minutes ago
DNA will take center stage on day 3 of the #JesseMatthew attempted murder/sexual assault trial in Fairfax. I'll be tweeting from courtroom.

[video=twitter;608629696264335360]https://twitter.com/TheChuckCarroll/status/608629696264335360[/video]