VA - Cullen, 1, Emily Bivens, 24, & Joan Bernard, 62, Pittsylvania, murdered, 26 Aug 2019 *Arrest*

[oceanblueeyes]

The arraignment (initial official appearance in court where the individual is officially charged with the crime, in court, by a judge) is held in what Va. calls Juvenile and Domestic Relations Court (J&DR for short) because the crime was domestic in nature. This is the only part of the process that will be in the J&DR court. The other two courts Va. has is General District (traffic & misdemeanors) and Circuit (Felony). After Matthew's arrangement in J&DR Court. His charges will be certified by a judge. This means a judge will be presented the evidence, both the prosecutor and defense will be able to present limited evidence. This step may happen before a General District judge (I'm not 100% on that). The certifying of charges by a judge is in place of a Grand Jury, since he was arrested immediately his after his crime, there was no indictment. Next, Mathew will face a judge in Circuit Court at what is called a "Docket Call" he will make his plea (guilty, not guilty, alford, nolo contenedre) in the court of which he will be tried, Circuit Court, and a date on the Docket calendar will be set to try the case if he pleads not guilty by any means (insanity). If he pleads guilty, alford, or nolo contenedre (no contest) he will move to sentencing. If he pleads not guilty he will be tried in Circuit Court. If Matthew is found guilty in Circuit Court he will move to the sentencing phase. A pre-sentencing report will be ordered. A probation officer will sit down with Matthew a go over a brief criminal history and drug and alcohol abuse history. The probation officer will set Matthew's sentencing guidelines based off this report. The Circuit Court Judge will base Matthew's sentence off this report. I hope this helps!

Thank you for your in depth reply to my questions.

Yes, it does help me to understand the criminal procedures much better now.

Jmho

 

[Simply Southern]

The arraignment (initial official appearance in court where the individual is officially charged with the crime, in court, by a judge) is held in what Va. calls Juvenile and Domestic Relations Court (J&DR for short) because the crime was domestic in nature. This is the only part of the process that will be in the J&DR court. The other two courts Va. has is General District (traffic & misdemeanors) and Circuit (Felony). After Matthew's arrangement in J&DR Court. His charges will be certified by a judge. This means a judge will be presented the evidence, both the prosecutor and defense will be able to present limited evidence. This step may happen before a General District judge (I'm not 100% on that). The certifying of charges by a judge is in place of a Grand Jury, since he was arrested immediately his after his crime, there was no indictment. Next, Mathew will face a judge in Circuit Court at what is called a "Docket Call" he will make his plea (guilty, not guilty, alford, nolo contenedre) in the court of which he will be tried, Circuit Court, and a date on the Docket calendar will be set to try the case if he pleads not guilty by any means (insanity). If he pleads guilty, alford, or nolo contenedre (no contest) he will move to sentencing. If he pleads not guilty he will be tried in Circuit Court. If Matthew is found guilty in Circuit Court he will move to the sentencing phase. A pre-sentencing report will be ordered. A probation officer will sit down with Matthew a go over a brief criminal history and drug and alcohol abuse history. The probation officer will set Matthew's sentencing guidelines based off this report. The Circuit Court Judge will base Matthew's sentence off this report. I hope this helps!

Excellent explanation explaining the Virginia is Court system. This will be in Chatham VA court house.

 

[Simply Southern]

This is the local Chatham, VA paper.

Most detail, yet.


Edited to correct the link..

Search warrant: Officers hear screams upon arrival at Keeling Drive triple homicide


According to the warrant, screams were heard by Pittsylvania County Sheriff's Office Investigator A. Rouse coming from the direction of the home.

"He sees an adult male sitting in a van outside the house and that male walks up the driveway to Ms. [Rachel] Jefferson," the warrant states.

Rouse and two other officers made entry into the home and found the body of female lying in a bedroom with a spent shell casing and a dead dog lying in the living room floor.

The body of an infant child was also found in the bedroom with the female with an apparent gunshot wound to the head according to the warrant.

When officers exited the home, the body of another female was found in the driveway.

 

[Momof4RN]

This is the local Chatham, VA paper.

Most detail, yet.

Warrants: Bernard charged in the deaths of Emily Bernard Bivens, Joan Bernard, infant child


According to the warrant, screams were heard by Pittsylvania County Sheriff's Office Investigator A. Rouse coming from the direction of the home.

"He sees an adult male sitting in a van outside the house and that male walks up the driveway to Ms. [Rachel] Jefferson," the warrant states.

Rouse and two other officers made entry into the home and found the body of female lying in a bedroom with a spent shell casing and a dead dog lying in the living room floor.

The body of an infant child was also found in the bedroom with the female with an apparent gunshot wound to the head according to the warrant.

When officers exited the home, the body of another female was found in the driveway.

I’m a little confused on the beginning statements of this. Screams heard from the victims home? Are these before during or after the murders?
Is Ms Johnson at the victims home? What male in the van are they referring to?
ETA for some reason when I open the article i’m Not seeing the warrant info.

 

[Simply Southern]

I’m a little confused on the beginning statements of this. Screams heard from the victims home? Are these before during or after the murders?
Is Ms Johnson at the victims home? What male in the van are they referring to?

JMO, it could have been the Dad arriving home, it could have been the son. I think the son. After, he went to Ms. Jefferson and hit her, he went back to his house and shot them. Ms. Jefferson heard the gun shots and went to the house. She saw the mother in driveway and called police.

Apparently the son was outside running around screaming, is my guess. Unless Dad had arrived and saw what had happened.

Jmo.

I corrected the link

 

[Mary Mallon]

The lastest report from the Chatham Star-Tribune is kinda confusing. The man in the van and screams from the house. Who was where and when? Did the officers initially walk past the suspect? Mathew's father was supposedly at the home.

The initial stages of the trial will be in Pittsylvania County seat Court House in Chatham, Va. But with this family being well known and the crime being heavily gossiped about, I'm anticipating at least a defense motion to change venue due to trouble finding an impartial jury, if it goes to trial.

 

[Simply Southern]

The lastest report from the Chatham Star-Tribune is kinda confusing. The man in the van and screams from the house. Who was where and when? Did the officers initially walk past the suspect? Mathew's father was supposedly at the home.

The initial stages of the trial will be in Pittsylvania County seat Court House in Chatham, Va. But with this family being well known and the crime being heavily gossiped about, I'm anticipating at least a defense motion to change venue due to trouble finding an impartial jury, if it goes to trial.

Everything in JDR will be a closed hearing and sealed.

I think he will plea. I can't see this going to trial. Jmho

 

[Momof4RN]

Honestly, I think it is far worse when the murderer is someone the family members have known, trusted, and loved.

To me it has to feel like the ultimate betrayal of all to bear.

My prayers are with them all.

Jmho

Yes I agree. Even as a complete stranger I Struggle with this one because on one side I think of BB and what he has lost and it makes me angry and hateful. And then on the other side I find myself empathizing with the remaining family members that MB remains their son, brother, nephew, cousin, uncle. Most, if not all, of who will likely love him and forgive him for what he has done. And even more so IF this was associated with a medical or mental disorder.

 

[Momof4RN]

JMO, it could have been the Dad arriving home, it could have been the son. I think the son. After, he went to Ms. Jefferson and hit her, he went back to his house and shot them. Ms. Jefferson heard the gun shots and went to the house. She saw the mother in driveway and called police.

Apparently the son was outside running around screaming, is my guess. Unless Dad had arrived and saw what had happened.

Jmo.

I corrected the link

It’s just very confusing because it’s written as if the police were in ear shot. And if it was the son at what point would he have entered a van? Seems more likely they Ben speaking of the father who arrived on scene, got out of van and walked toward Ms Johnson who I am assuming was the one screaming?JMO

 

[Mary Mallon]

Everything in JDR will be a closed hearing and sealed.

I think he will plea. I can't see this going to trial. Jmho

Remember though, only the arraignment is in J&DR Court. The charges will be certified by a Judge in another court where at least some of the evidence will be submitted by the prosecution. The prosecution hopes for enough evidence for a judge to certify the charges to Circuit Court. So there should be more information coming to light in time.

 

[Momof4RN]

Remember though, only the arraignment is in J&DR Court. The charges will be certified by a Judge in another court where at least some of the evidence will be submitted by the prosecution. The prosecution hopes for enough evidence for a judge to certify the charges to Circuit Court. So there should be more information coming to light in time.

If they don’t close the files which seems to be in happening in the majority of these cases lately. JMo

 

[Mary Mallon]

Everything in JDR will be a closed hearing and sealed.

I think he will plea. I can't see this going to trial. Jmho

I'm expecting an Alford or no contest plea too. I'm not sure if they try for not guilty by insanity because, I think, too much information will come out. Such as, the family failed to get Matthew the mental health treatment he needed in time.

 

[Momof4RN]

Question what happens if he is still hospitalized for next scheduled arraignment?will they arraign him with just a lawyer representing him or Will they keep postponing? If this is medical/mental and he wasn’t yet diagnosed or treated it will likely be some time before he’s well enough to appear. JMO

 

[Mary Mallon]

Question what happens if he is still hospitalized for next scheduled arraignment?will they arraign him with just a lawyer representing him or Will they keep postponing? If this is medical/mental and he wasn’t yet diagnosed or treated it will likely be some time before he’s well enough to appear. JMO

The defendant must be present for arraignment. It's the official bringing of charges by the court. The charges will be explained as well as the penalty he's facing. He'll be asked about representation, is he hiring his own or wants a court appointed. He'll have to be there no matter how many postponements.

 

[Momof4RN]

The defendant must be present for arraignment. It's the official bringing of charges by the court. The charges will be explained as well as the penalty he's facing. He'll be asked about representation, is he hiring his own or wants a court appointed. He'll have to be there no matter how many postponements.

So if he is still hospitalized and unwell they will continue to postpone until he is well enough to appear?

 

[Momof4RN]

I’m thinking of a case from reston VA where a teen shot and killed his girlfriends parents and then shot himself in the head but survived. He was arraigned from his hospital bed via video but has still been found incompetent to stand trial. Is that something that could potentially happen in this case?

 

[Mary Mallon]

I’m thinking of a case from reston VA where a teen shot and killed his girlfriends parents and then shot himself in the head but survived. He was arraigned from his hospital bed via video but has still been found incompetent to stand trial. Is that something that could potentially happen in this case?

Sure, it's possible. The defendant has to be well enough to understand what he's being charged with and answer basic yes or no questions about the case and how he wants to obtain representation. Court appointed counsel or hiring a private attorney. My guess is that the family will hire one or an enterprising attorney will step up for the free publicity.

 

[Momof4RN]

Quite a bit of info here.the neighbor Ms. Jefferson is his aunt. Search warrant reveals new, grisly details in Pittsylvania Co. triple slaying

ETA warrant doesn’t clarify who the male was but does state suspect not at home. Also never clarified who’s scream they heard but it wasn’t the neighbor because she was outside and LE though there was another victim inside.

 

[Mary Mallon]

If they don’t close the files which seems to be in happening in the majority of these cases lately. JMo

After doing a little research it looks like the only way records can be sealed in Va. is if the defendant is found not guilty of the crime. Don't "quote this as scripture" as they say, but it's a good chance we'll find out more information as this plays out in the system.

 

[10ofRods]

Triple homicide suspect's uncle: "Just an all-around perfect kid"

Matthew Bernard's uncle said that everyone is surprised by what happened.

"In my wildest dreams, I never could have imagined it. Not him. Of all the people in this world. I never could have imagined it," Bryant Bernard said.

Bryant Bernard also said that Matthew is a student at Danville Community College who regularly attended church.

"This boy’s a Christian. Went to church every Sunday, every Wednesday, every Sunday night. Taught youth groups. Just an all-around perfect kid, in my opinion," Bryant Bernard said.

Bryant Bernard said the only explanation he can think of is that Matthew expressed to his mother last week that he was having bad dreams.

Wow. Many thoughts, but no words in response to this.