U.Va. kidnap suspect's lawyer seeks test for sanity

FAIRFAX, Va. — An attorney for the man accused of kidnapping University of Virginia student Hannah Graham is asking that his client undergo a psychiatric evaluation.
Attorney James Camblos made the request Friday at an arraignment for Jesse Matthew in Fairfax County Circuit Court, where Matthew is facing charges in an unrelated 2005 sexual assault.
That incident, for which Matthew was indicted earlier this month on charges including attempted capital murder, involved a sexual assault on a 26-year-old woman who was walking home from the supermarket in Fairfax.
Authorities have said the assault was linked by DNA to the disappearance of Virginia Tech student Morgan Harrington. Fairfax authorities charged Matthew shortly after authorities linked the Harrington case to Graham's abduction.

Matthew, 32, wore a black and white jumpsuit and sat with his attorney next to him in Friday's appearance from the Albemarle County Regional Jail where he is being held.
Judge Dennis J. Smith took no action on Camblos' request for a psychiatric evaluation, deferring it until a later date.

Smith ruled Matthew would be represented by a public defender, and appointed Camblos as co-counsel. Camblos and public defender Todd Petit were fighting for the right to represent Matthew. Smith said he wanted two attorneys to help accommodate a speedy trial.
Matthew requested that Camblos, who is representing Matthew in the Graham case, be appointed to handle the Fairfax case as well.
"I would prefer Mr. Camblos to be my attorney, if possible. I've built a relationship with him," Matthew said.
Camblos objected to the idea of serving as co-counsel with the Fairfax public defenders, saying it would amount to "two chiefs, not enough Indians." Morrogh objected on the basis that it would be a waste of taxpayers' money to have both appointed.
But the judge, Dennis Smith, said the two ought to be able to work together, and bringing both onto the case should ensure that the trial is not delayed. He said the law requires the public defender be appointed except in unusual circumstances.
Smith set the next court hearing for Nov. 14 to set a trial date.

 

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Commonwealth's Attorney Ray Morrogh said the fact this case is moving forward doesn't necessarily mean it will be tried first and that he and the Commonwealth's attorneys in Charlottesville and Albemarle County will have to decide that.
Legal experts say there is one good reason to try Matthew in Fairfax first. If it's a strong case which secures a conviction, it will "enhance the punishment in Charlottesville," says longtime criminal defense attorney Robert Whitestone.
An attempted murder conviction in Fairfax would increase the likelihood that Matthew might get the death penalty in Charlottesville, if he's charged with a capital offense.
Matthew has not yet appeared in court in Charlottesville on the charges connected to the Hannah Graham case. He is charged with abduction with intent to defile in that case, but further charges are pending after the 18-year-old's remains were found on an abandoned farm in Albemarle County. A hearing is scheduled for Dec. 4, 2014, in Charlottesville.
Commonwealth Attorney Ray Morrogh says having Matthew appear by video instead of transporting him to Fairfax County is a cost savings for taxpayers.

From USATODAY.COM