Sixteen days after his indictment for the murder of University of Virginia student Hannah Graham, Jesse L. Matthew Jr. is on his way to a jury trial in Albemarle.
Refusing to follow the defense's request for trial by judge, Commonwealth's Attorney Denise Lunsford insisted on a jury. And veteran defense lawyer Scott Goodman explains why.
"In the sensational, notorious cases, and this is certainly one of those, it's not really that unusual for the Commonwealth to want have a jury involved. Whether it's guilt or innocence; and if guilt, whatever the punishment is, the Commonwealth has decided that she would like to have the community speak."
Appearing via video link and speaking through one of his two court-appointed attorneys, Matthew declined to waive his right to a speedy trial, and so the judge settled on a date in late June, mere days after his trial in Fairfax on unrelated rape charges is expected to conclude.
Prosecutor Denise Lunsford did not get an immediate decision from the judge on her request to seal subpoenas, but after the hearing she suggested that a jury pool contaminated by publicity could cause a mistrial.
"The Commonwealth has an interest in trying this case one time for the purposes of seeing that justice is done for the community and the victim's family."
After overseeing Matthew's early-morning transfer from Fairfax to the local Jail, Albemarle Sheriff Chip Harding slipped into the back of the courtroom. He's watching with particular interest since three bills that he instigated appear set for passage in the General Assembly. They would expand Virginia's DNA collections to people convicted of certain misdemeanors. Four and a half years ago, Matthew was convicted of criminal trespass.
"If we could have legally taken his DNA at that point, it would have hit on the DNA databank to the rape in Fairfax, and if he was in fact found guilty of that rape and given significant time, he would have been a jail cell and not had the ability to meet Hannah Graham when she was walking down the mall in Charlottesville last year."
Despite the prosecutor's concerns about the intervening Independence Day holiday, Albemarle Circuit Judge Cheryl Higgins set the trial to begin June 29th and take up to three weeks.
