Jesse Matthew appeared in Albemarle County Circuit Court Monday for a hearing regarding the withdrawal of a motion to suppress evidence by the defense in the Hannah Graham case.
The defense argued that its previous motion to suppress evidence for unconstitutional search and seizure should be withdrawn from the record.
Judge Cheryl Higgins ruled that the defense could withdraw its motion and refile it by Jan. 6, and scheduled the next hearing related to the motion for Jan. 11.
The prosecution, led by Commonwealth’s Attorney Denise Lunsford, objected to the motion to withdraw on the grounds that the defense should refile the motion at a later date because the detective directly involved in the search and seizure, Michael Arcoraci, may not be able to testify in court for health reasons. Arcoraci, a detective with the Albemarle County Police Department, is currently undergoing chemotherapy for blood cancer.
The court found no grounds upon which the prosecution may keep the defense from withdrawing its own motion. However, the court scheduled the next hearing to fit Arcoraci’s chemotherapy schedule.
The defense originally asked that the next hearing on the search and seizure be heard in late January or early February, giving them time to further investigate, however, Higgins found that given the extenuating circumstances, the hearing must take place sooner.
The defense denied any allegations that it was trying to take advantage of Arcoraci’s health situation and argued that they needed additional time to ensure the defense’s side in the death penalty case is sufficiently plead.
The court decided to leave the motions under seal at this time.
The court also approved the appointment of William Stejskal as a mental health expert for the defense. Stejskal will be paid $350 per hour and reimbursed for travel expenses related to his court appearances.
Stejskal is a clinical and forensic psychologist who practices in Virginia and Washington, D.C.
Matthew, 33, is charged with abduction with intent to defile and the capital murder of late University student Hannah Graham as well as abduction and the first degree murder of late Virginia Tech student Morgan Harrington.
In October of this year, Matthew was given three life sentences for the attempted capital murder and sexual assault of a Fairfax woman in 2005.
This will be the last hearing in which Albemarle County Commonwealth’s Attorney Denise Lunsford is lead prosecution. Lunsford lost her bid for re-election to Robert Tracci in November and will be handing the case over later this month.
Neither the prosecution nor the defense offered comment on Monday’s proceedings.
Gil Harrington, mother of Morgan Harrington, said that she has met and spoken with Tracci.
Harrington said, “We have a very cordial working relationship with Ms. Lunsford and we anticipate having the same thing with Mr. Tracci.”
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