Experts suggest that Jesse L. Matthew Jr., the man authorities link to the Hannah Graham and Morgan Harrington cases, stands no chance of bail and little chance of a life outside prison-- even if he attempts an insanity defense.
The video arraignment in Fairfax will likely involve advising the 32-year-old Charlottesville man of his right to counsel and outlining his recent indictment for a 2005 rape, abduction, and attempted murder. What Jesse Matthew probably won't get is a bail hearing.
"This defendant's chance of getting a bail anywhere is nothing, it's zero."
That's Scott Goodman, a veteran defense attorney, who points out that Matthew-- now jailed in Charlottesville-- gave up any chance for bail when he recently fled to Texas. Goodman utters a similar prediction about the outcome of the case.
"I believe his chance of freedom is very small, given the severity of the charges in Fairfax, the fact that all three of them carry a maximum life sentence. It seems like to me that based on what we know about the evidence that the rape case is extremely strong and his chance of being convicted is very high."
Matthew's lawyer, former Albemarle prosecutor Jim Camblos, declines to reveal a strategy, but he might attempt an insanity plea.
"They could certainly try for that, and what it would require would be that his attorney would ask the court to appoint an expert, someone such as myself, to evaluate him on his mental status at the time of the offense."
That's Jeffrey Fracher, a clinical and forensic psychologist, who notes that Virginia courts typically allow insanity defenses only for the sickest offenders, such as 27-year-old Rashad Riddick, who killed three relatives in Madison County. Reportedly suffering from hallucinations and schizophrenia, Riddick pummeled his own lawyer during one hearing.
"The bar for being found not guilty by reason of insanity is a very high bar in Virginia."
Should Matthew be acquitted by reason of insanity, Fracher adds, it could be a hollow victory.
"He gets to spend the rest of his life in Central State Hospital which is a bit better than spending the rest of his life in a supermax prison in Virginia, but it's certainly nowhere any of us would probably want to spend the rest of our life."
