CHARLOTTESVILLE, Va. — The man charged in the disappearance of University of Virginia student Hannah Graham may not learn of the evidence against him until after he’s prosecuted in a courtroom 100 miles away.
On Monday, Jesse Matthew was indicted in Fairfax County on three felony counts related to a 2005 sexual assault. It’s unclear where the 32-year-old Albemarle County resident will first stand trial.
Matthew was charged in Charlottesville on Sept. 23 with abduction with intent to defile in the Hannah Graham case.
“Even if there were more serious charges in Charlottesville and Albemarle, they might choose, if the case is strong enough, to go in Fairfax first,” says Charlottesville defense attorney David Heilberg, who is not involved in any of the pending cases.
Heilberg says in most cases, prosecutors in different jurisdictions cooperate to try cases in a way that makes best use of evidence they’ve gathered, as well as comply with court rules.
Because Charlottesville and Albemarle prosecutors aren’t sure what became of Graham, Heilberg says that might favor a Fairfax-first strategy.
“There’s now a speedy trial clock that’s actually running in Fairfax that’s not running in Charlottesville or Albemarle,” says Heilberg.
In addition, because it’s unclear how strong the prosecutor’s case is in Charlottesville, it might make sense to try Matthew first in Fairfax while local investigators continue to build their cases, Heilberg says.
“Charlottesville is not a very death-friendly locality if they’re contemplating a capital murder charge,” says Heilberg.
Even though Matthew is charged in Fairfax County for attempted capital murder, abduction with intent to defile, and object penetration for the 2005 attack in Fairfax City, he would not be eligible for execution because the victim survived.
Though Graham was last seen on Charlottesville’s downtown mall Sept. 13, if the autopsy shows the recently-recovered remains are hers, a person charged with her murder would likely stand trial in Albemarle County.
“Pretty clearly they could make a circumstantial case the abduction began in Charlottesville, but venue for a homicide can be where the body is found,” says Heilberg.
Strategically, prosecutors could choose to try Matthew first in Fairfax County, to avoid providing defense lawyers with more discovery evidence than necessary, according to Heilberg.
“There must be some kind of a strong link in Fairfax for them to go ahead and indict, and in fact they might be cooperating because less information will come out pretrial and be given to defense counsel there, than down here,” says Heilberg.
Virginia State Police have previously said a forensic link ties the Graham case with the murder of Virginia Tech student Morgan Harrington, who disappeared just over 5 years ago.
Harrington’s remains were discovered in an Albemarle County field in January, 2010. No one has been charged with her murder.
Matthew was also charged with reckless driving in Albemarle County when he sped away from police who were tailing him.
Matthew’s attorney in the Charlottesville and Albemarle cases, Jim Camblos, tells WTOP he will not represent Matthew in the Fairfax County case.
Follow @WTOP on Twitter and on the WTOP Facebook page.
