The Albemarle County Circuit court granted two motions Wednesday filed by the defense in the case of the Commonwealth v. Jesse Matthew.
In Albemarle County, Matthew is charged with abduction with intent to defile, the first degree murder of second-year College student Hannah Graham and two counts of reckless driving. He is also on trial in Fairfax County for attempted murder, abduction and sexual assault.
Defense Attorney Jim Hingeley addressed the court regarding both motions. The first motion filed was to appoint a DNA expert to examine evidence, and the second was for a continuance of trial.
Hingeley said the requests were based on the need for funding to be authorized by the court as well as additional time needed to find and appoint an expert. The defense does “not have someone in mind,” Hingeley said.
Hingeley said the appointed expert would be qualified to do an independent review of the evidence, including some items which have not yet been analyzed.
“It’s not just a matter of getting an expert,” Hingeley said. “There are some items that have DNA evidence in them that have not yet been analyzed by the Commonwealth.”
Hingeley said the time-table for identifying a DNA expert and analyzing the evidence is uncertain, and the current trial date set for June is too early.
Hingeley suggested the court set a status review in the case for the first two weeks of May pending its overall schedule.
Albemarle County Commonwealth’s Attorney Denise Lunsford said the Commonwealth has no objection to the motions, and a DNA expert would be beneficial to both parties.
“The Commonwealth does intend to rely in some way on DNA evidence,” Lunsford said. “Having an expert review the material is alway helpful.”
Lunsford also said she felt the June trial date was likely optimistic.
“[In May we] should have an idea of when the Commonwealth will be done with its analysis,” Lunsford said.
The Court granted both motions, and set a status review in the case for May 5 at 4 p.m., at which time the Court will address any additional motions and set a date for the trial.
The defense suggested any future motions be discussed between the defense and Commonwealth’s Attorney, in order to avoid the need to hold future hearings. A court order will be used to appoint the DNA expert, once identified.
After the hearing, Lunsford said the prosecution “tends to get along fairly well” with the defense.
Matthew has also been linked by DNA to the disappearance and death of Morgan Harrington, a Virginia Tech student who disappeared Oct. 17, 2009 after leaving a concert at John Paul Jones Arena in Charlottesville. Her body was found on an Albemarle County farm Jan. 26, 2010.
Harrington’s mother, Gil Harrington, was present at the hearing, and said it was strange to see Matthew in person, and that she was grateful for the opportunity for justice. Harrington also said they had not received any contact from the Matthew family.
“Being here for these proceedings is one of the last things I can do for [Morgan],” Harrington said.
Hannah Graham’s parents were also present at the hearing.
“All we can do is try and carry this burden together,” Harrington said.
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