This week a Grand Jury indicted Jesse Matthew, Jr., the suspect in the University of VA student Hannah Graham’s disappearance, on first degree murder and abduction charges. The penalty, if he is convicted, is life in prison. The Commonwealth is not seeking the death penalty. Pursuant to the ethics law in Virginia, the prosecutors will not discuss any of the merits of the case which might substantially affect the jury’s outcome. There will not be discussions on evidence, trial strategy and their reasons for not pursuing the death penalty. With the Grand Jury returning the charges, Albemarle County prosecutors assert that there is enough evidence for a conviction. That remains to be seen. Hannah Graham went missing on September 13, 2014. Her remains were found on October 8 which consisted of a skull and bones on abandoned property in a remote area south of Charlottesville. And when surveillance photos surfaced on Matthew and Graham outside a bar on the night of her … [Read more...] about U VA Hannah Graham Case Upgraded to Murder
Archives for February 2015
Alabama Gay Rights Now, Civil Rights Then
Alabama is once again on the wrong side of history as it attempts to circumvent a federal court’s decision declaring the Alabama state ban on same sex marriage to be unconstitutional. Despite a federal judge ruling that same sex marriage is legal in Alabama, another state judge, Chief Justice Roy S. Moore of the Alabama Supreme Court forbid the judges and courts from issuing marriage licenses to same sex couples this week. The Supreme Court refused to hear the federal case on Monday and thereby left the federal court’s decision intact. Federal Judge Granade who issued the federal decision making same sex marriage legal in Alabama is surprisingly an appointee of former President George W. Bush. But that did not stop many counties in Alabama from refraining to issue marriage licenses. Some counties did comply with the law. The refusal for Alabama to comply with the law on same sex marriage is a reminder of how Alabama dealt with civil rights issues and laws in the 1960’s. … [Read more...] about Alabama Gay Rights Now, Civil Rights Then
Aaron Hernandez and the Link to O.J. Simpson
Former NFL player Aaron Hernandez’s trial is entering another week in a courtroom outside Boston. And it’s starting to resemble O.J. Simpson’s mid 1990’s trial in some respects. There are no eyewitnesses in the murder of Odin Lloyd and the case rests completely on circumstantial evidence. The circumstantial evidence in the 6 month long trial of O.J. Simpson consisted in part of a size 12 Bruno Magli shoe print at the scene, matching gloves that did not fit, a notorious Bronco car flight presumably showing guilt, motive of jealousy of his ex-wife, Nicole Brown Simpson and a visit to the home of O.J. Simpson. All of that added up to a not guilty verdict by the jury. The prosecutors in the Hernandez trial will link some closer ties to the murder location than in the O.J. case. Whether it will be enough for a conviction is the question to be answered by the jury. The Hernandez jury last week made a site visit to Hernandez’s home. Jurors in the O.J. Simpson trial also made a visit … [Read more...] about Aaron Hernandez and the Link to O.J. Simpson
28 Black Lives
Huffington Post is doing a series for Black History Month titled “28BlackLives”. I was asked to write an article on Renisha McBride. As an African American woman, Renisha McBride’s manner of death deeply affected me. Knocking on a stranger’s door for help in the pre-dawn hours of November 2, 2013 and being greeted with a single 12 gauge rifle shot to the face by her killer, Theodore Wafer, speaks volumes about our society today. And although the prosecutors and defense attorney refused to mention race as a factor in her case, her case had much to do about race and less to do about her being drunk, as news accounts reported. Renisha McBride should be alive today. As an African American woman, McBride's death deeply affected me. Nineteen-year-old McBride was shot and killed while seeking help on the porch of Theodore Wafer, a 55 year old white man, in a Detroit suburb, following her car accident in the pre-dawn morning hours of November 2, 2013. McBride's loud knocks on … [Read more...] about 28 Black Lives
The Oddity of Fair Trials and Impartial Jurors
The questions most commonly asked during high publicity trials is whether a defendant can get a fair trial and if a fair and impartial jury of one’s peers will determine the outcome. In high publicity trials, such as three going on now in the courts, Aaron Hernandez, Dzhokhar Tsarnaev, (“Boston Bomber”) and the murder case of Chris Kyle (“American Sniper”), those questions become more relevant and difficult to answer. What is required under the Constitution of being a fair trial and an impartial jury is often at odds with what most people think about juries and fair trials. Aaron Hernandez, a former New England Patriots player, is charged with murder and is being tried near Boston. With the Patriots winning the Super Bowl this year, it is almost a sure bet that most jurors in the Boston area have heard or read about Aaron Hernandez before the trial. Then there’s Dzhokhar Tsarnaev, the Boston Bomber trial. Undoubtedly, every prospective Boston area juror is aware of the … [Read more...] about The Oddity of Fair Trials and Impartial Jurors
Five Legal Reasons Why Black History Month Matters
Every February we celebrate the history of African Americans with Black History Month, started by Carter G. Woodson in 1926 as Negro History Month. And every year the question is asked whether we still need to recognize Black History Month. While Black History Month is a time to recognize the rich history and accomplishments of African Americans, it should also be a time to view history in context with today’s challenges still facing blacks in America. And in that context, 2014 gave us five good legal reasons for Black History Month. Those reasons can be summed up with the cases of Michael Brown, Eric Garner, Tamir Rice, Renisha McBride and Jordan Davis. These cases that took place in Missouri, New York, Ohio, Michigan and Florida represent why we need black history. The racial disparities and injustices in the criminal justice system along with continued racial stereotyping and profiling of blacks are but a few of the many issues facing blacks today. In the … [Read more...] about Five Legal Reasons Why Black History Month Matters