The Charges Against Jesse Leroy Matthew

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I had wondered whether there would be a match between the Fairfax case and JM's buccal swab. DId not expect it to fast track like this to an indictment. ANyone know if the victim has to show up in such a case? If she were not alive, she would not have to, clearly. That she did survive and that there is a direct DNA match, would she have to be in court, testify? I am thinking she may not have to do so with the DNA match.

Am also curious why this charge was so quickly filed. Would think the most serious charge would be first so that the other cases may not even be needed if DP or no way of getting out in a lifetime or through parole sentence is imposed. I wonder what this means in terms of charges in the Hannah Graham case. I would have thought that the charges for would have been the ones announced with the body found. Any implications on the Fairfax charges coming out first?
 
Re: NOVA

Maybe Sexual Penetration with an Object covers what we would call normal rape?

I don't know VA Law.

'

I believe that it IS rape, but if there is no evidence of semen then DNA source is more difficult to discover. JMO
 
I had wondered whether there would be a match between the Fairfax case and JM's buccal swab. DId not expect it to fast track like this to an indictment. ANyone know if the victim has to show up in such a case? If she were not alive, she would not have to, clearly. That she did survive and that there is a direct DNA match, would she have to be in court, testify? I am thinking she may not have to do so with the DNA match.

Am also curious why this charge was so quickly filed. Would think the most serious charge would be first so that the other cases may not even be needed if DP or no way of getting out in a lifetime or through parole sentence is imposed. I wonder what this means in terms of charges in the Hannah Graham case. I would have thought that the charges for would have been the ones announced with the body found. Any implications on the Fairfax charges coming out first?

I would dare say it's being filed first because LE has the evidence - they don't have to "build" their case and determine what happened to the victim - they have her statement, more than likely a rape kit (which is probably how his DNA was linked to the case), a possible eyewitness account (the person who scared him off), etc. This case is the strongest at this point. Frankly, anything to keep him jail is enough for me until they can build the murder cases for Morgan and Hannah (and any other potential victims).
 
I had wondered whether there would be a match between the Fairfax case and JM's buccal swab. DId not expect it to fast track like this to an indictment. ANyone know if the victim has to show up in such a case? If she were not alive, she would not have to, clearly. That she did survive and that there is a direct DNA match, would she have to be in court, testify? I am thinking she may not have to do so with the DNA match.

Am also curious why this charge was so quickly filed. Would think the most serious charge would be first so that the other cases may not even be needed if DP or no way of getting out in a lifetime or through parole sentence is imposed. I wonder what this means in terms of charges in the Hannah Graham case. I would have thought that the charges for would have been the ones announced with the body found. Any implications on the Fairfax charges coming out first?

Perhaps the more charges that can be brought against him, the more likely he will finally realize there's no point in withholding info, and will confess and reveal details about any and all crimes he's committed.
 
bbm

Question for LEGAL EXPERTS here:

If the victim of the Fairfax rape does not want to press charges or is possibly no longer even in the U.S., and the DNA link turns out to match JLM, would any of this matter in charging him for crimes against MH and HG? Does the victim have to agree to press charges in a violent crime in order for the evidence to be used in another case?

Thanks, in advance.

Okay, then. Thank you nbc for answering my question!

http://www.nbc29.com/story/26832199...ted-for-2005-sexual-assault-in-fairfax-county
 
Perhaps the more charges that can be brought against him, the more likely he will finally realize there's no point in withholding info, and will confess and reveal details about any and all crimes he's committed.

JMO, but I doubt it, unless it's to use details as a bargaining chip for lesser sentence.
 
Re: NOVA

Maybe Sexual Penetration with an Object covers what we would call normal rape?

I don't know VA Law.

'

Just re-read a better copy of indictment....any object other than a bona fide medical...so it is penetration with anything, including penis. JMO
 
I'll defer to experts on Virginia law, but I can't imagine that it could carry the death penalty. (If I remember rightly, the Supreme Court, a while ago, said that asking the death penalty for rape was unconstitutional, so I'd think that the death penalty for attempted murder, where someone might not suffer any sort of permanent damage, would be the same.)

I'm slightly worried at the thought that this case might be their strongest. They have an eyewitness. They have DNA evidence. With the physical harm that the victim suffered, he can't do the usual rape defense of, "It was consensual." But, we don't know what they have for the other cases. We just have to wait and see.

Can they convict without the victim testifying?
 
Originally Posted by cady View Post
Count 3 Penetration with an OBJECT!!! EEK. Is THAT his MO???? JMO


Re: NOVA

Maybe Sexual Penetration with an Object covers what we would call normal rape?

I don't know VA Law.

'

Folks, it just doesn't get much worse than this... Imo, JM, would be classified as a very escalated sadistic and malignant Lust Murderer..JM will likely have many victims, imo...

http://www.practicalhomicide.com/articles/lustmurder.htm

Anatomy of a Lust Murder

By Vernon J. Geberth, M.S., M.P.S.
Former Commander, Bronx Homicide, NYPD

©1998 Vernon J. Geberth, Practical Homicide Investigation
<sniped - read more>

AUTHOR'S DEFINITION OF LUST MURDER

"Lust murders are homicides in which the offender stabs, cuts, pierces or mutilates the sexual regions or organs of the victim's body. The sexual mutilation of the victim may include evisceration, piquerism, displacement of the genitalia in both males and females and the removal of the breasts in a female victim (defeminization).

It also includes activities such as "posing" and "propping" of the body, the insertion of objects into the body cavities, anthropophagy (consumption of blood and/or flesh) and necrophilia."

Lust Murders are predicated on the obsessive fantasies of the offender. It is not enough for these type killers just to kill; they have a compulsive need to act out their fantasies with their victims and their victim's bodies. This would be the "Signature" component of the crime.
 
Can they convict without the victim testifying?

I'm wondering the same. If she had died and with the DNA direct hit, the chances for a convict would be very good. But if she is alive, would she have to be in court with that exact same DNA evidence?
 
JMO, but I doubt it, unless it's to use details as a bargaining chip for lesser sentence.

That's exactly what we were just discussing. However, if they offer to take the DP off the table in return for body location(s), if it were me, I'd want them to guarantee the DP. I wouldn't want to spend the next 50 years in a maximum security prison.
 
I had wondered whether there would be a match between the Fairfax case and JM's buccal swab. DId not expect it to fast track like this to an indictment. ANyone know if the victim has to show up in such a case? If she were not alive, she would not have to, clearly. That she did survive and that there is a direct DNA match, would she have to be in court, testify? I am thinking she may not have to do so with the DNA match.

Am also curious why this charge was so quickly filed. Would think the most serious charge would be first so that the other cases may not even be needed if DP or no way of getting out in a lifetime or through parole sentence is imposed. I wonder what this means in terms of charges in the Hannah Graham case. I would have thought that the charges for would have been the ones announced with the body found. Any implications on the Fairfax charges coming out first?

i think they wee ready to go as soon as there was a match and they just gave it the the grand jury and as soon as there was a finding to indict they went with it doubt the timing is significant IMO only.
 
Folks, it just doesn't get much worse than this... Imo, JM, would be classified as a very escalated sadistic and malignant Lust Murderer..JM will likely have many victims, imo...

http://www.practicalhomicide.com/articles/lustmurder.htm

Anatomy of a Lust Murder

By Vernon J. Geberth, M.S., M.P.S.
Former Commander, Bronx Homicide, NYPD

©1998 Vernon J. Geberth, Practical Homicide Investigation
<sniped - read more>

AUTHOR'S DEFINITION OF LUST MURDER

"Lust murders are homicides in which the offender stabs, cuts, pierces or mutilates the sexual regions or organs of the victim's body. The sexual mutilation of the victim may include evisceration, piquerism, displacement of the genitalia in both males and females and the removal of the breasts in a female victim (defeminization).

It also includes activities such as "posing" and "propping" of the body, the insertion of objects into the body cavities, anthropophagy (consumption of blood and/or flesh) and necrophilia."

Lust Murders are predicated on the obsessive fantasies of the offender. It is not enough for these type killers just to kill; they have a compulsive need to act out their fantasies with their victims and their victim's bodies. This would be the "Signature" component of the crime.

No offense, but where do we have any evidence for this?
 
JMO, but I doubt it, unless it's to use details as a bargaining chip for lesser sentence.

Well, if by any chance he has killed more people than these two, it would be worth while to take the death penalty off the table, in exchange for learning where he hid their bodies.
 
Folks, it just doesn't get much worse than this... Imo, JM, would be classified as a very escalated sadistic and malignant Lust Murderer..JM will likely have many victims, imo...

http://www.practicalhomicide.com/articles/lustmurder.htm

Anatomy of a Lust Murder

By Vernon J. Geberth, M.S., M.P.S.
Former Commander, Bronx Homicide, NYPD

©1998 Vernon J. Geberth, Practical Homicide Investigation
<sniped - read more>

AUTHOR'S DEFINITION OF LUST MURDER

"Lust murders are homicides in which the offender stabs, cuts, pierces or mutilates the sexual regions or organs of the victim's body. The sexual mutilation of the victim may include evisceration, piquerism, displacement of the genitalia in both males and females and the removal of the breasts in a female victim (defeminization).

It also includes activities such as "posing" and "propping" of the body, the insertion of objects into the body cavities, anthropophagy (consumption of blood and/or flesh) and necrophilia."

Lust Murders are predicated on the obsessive fantasies of the offender. It is not enough for these type killers just to kill; they have a compulsive need to act out their fantasies with their victims and their victim's bodies. This would be the "Signature" component of the crime.

I was afraid of this. I had sort of held out that the MO was so different in the Fairfax case, that it was not JM who was the perp. A whole other "awaiting forensic confirmation" occurred in that case, and the evidence is just about air tight given the DNA samples likely obtained with a rape kit so quickly after it happened, and JM's buccal swab.

I wonder if the speed that the charges were filed on the Fairfax case has anything to do with difficulties in getting a good match in this case with Hannah's body? Shouldn't we have gotten a dental match by now to verify id?
 
Virginia law considers object sexual penetration a felony separate from rape.

§ 18.2-67.5

Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery.

A. An attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration shall be punishable as a Class 4 felony.


§ 18.2-61. Rape.

A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape.

§ 18.2-67.2. Object sexual penetration; penalty.

A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and

1. The complaining witness is less than 13 years of age; or

2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness.
 
Perhaps the more charges that can be brought against him, the more likely he will finally realize there's no point in withholding info, and will confess and reveal details about any and all crimes he's committed.

I've read that serial killers rarely (never?) confess, but this guy did!
 
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