Judge Cheryl Higgins, the presiding judge in the trial of Jesse Matthew ruled on 12 defense motions Thursday, denying a majority.
Albemarle County Commonwealth’s Attorney Denise Lunsford responded to the motions during a hearing held Aug. 14, asking the Commonwealth to deny many of them.
Higgins denied a defense motion that would have allowed Matthew to make public appearances without shackles and in civilian clothing. Defense Attorney Douglas Ramseur argued the shackles and jail suit could lead to prejudicial behavior by the jury, and also inhibit Matthew from taking notes during hearings.
“Mr. Matthew has not caused any problems, in this courtroom or any other that he has been in,” Ramseur said.
Sergeant Terry Walls of the Albemarle County Police Department was called to the stand and said while Matthew had shown no physical resistance to arrest in Galveston, Texas, he lied to the police about his identity.
“It’s impractical and unsafe for Jesse Matthew to appear without shackles and in civilian clothes,” Walls said.
Higgins also denied the defense’s motion to ban from the courtroom insignias and other tokens of support in favor of either party. The motion was filed after Lunsford was seen wearing a pin inscribed with the letters “HG.” Higgins did say would take the request under advisory for the jury trial.
Lunsford said the motion against support tokens was “premature” and could create a slippery slope of acceptable courtroom attire moving forward.
However, Higgins approved a motion requiring Matthew’s presence at all court hearings, excluding those where his presence is deemed unnecessary.
Two other defense motions were denied, including a request to have all prosecuting evidence and police records preserved. The motions were denied due to the defense’s inability to name pieces of evidence they would want preserved, Higgins said. She noted the motion will be reconsidered when the defense can cite specific evidence.
Matthew’s next hearing is set for Sept. 30.
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