WASHINGTON 鈥� The lawyer for Jesse Matthew filed a motion asking for the recusal of the Albemarle County Circuit Court judge slated to preside over the upcoming trial for the capital murder of University of Virginia student Hannah Graham.
Capital Defender Douglas Ramseur is asking judge Cheryl Higgins to recuse herself because of her previous actions in the Matthew case, as well as her family鈥檚 connection to Graham.
Ramseur writes, 鈥淛esse L. Matthew, Jr. is on trial for his life,鈥� since Albemarle County prosecutor Denise Lunsford has said she intends to seek Matthew鈥檚 execution if the case goes to trial.
Matthew faces capital murder, first degree murder, abduction with intent to defile and two reckless driving indictments for his actions in September 2014.
In an early glimpse of possible strategies, Ramseur writes, 鈥淭he defense anticipates there will be significant and extensive litigation over the use of search warrants in this case.鈥�
During the investigation, arrest, and prosecution of Matthew, Ramseur says Higgins approved over a dozen search warrants sought by law enforcement.
Ramseur says the defense has both the constitutional and statutory right to contest the unreasonable seizure of evidence.
鈥淚t would not be appropriate for Judge Higgins to sit in judgment of herself and her own actions,鈥� he writes.
In addition, Ramseur says Higgins has a daughter who was enrolled as a second-year student at UVA., when Graham 鈥� also a second-year student 鈥� disappeared and was found murdered.
Also, 鈥渁 member of the judge鈥檚 immediate family attended a vigil for the victim of the crimes alleged against Mr. Matthew,鈥� the defense writes.
During a previous hearing, Higgins voluntarily disclosed her daughter鈥檚 status at the same school as Graham, but said her daughter wasn鈥檛 acquainted with Graham.
鈥淭he decision regarding recusal implicates not only any actual bias but also the appearance of impropriety,鈥澛燫amseur says.
Higgins had previously set June 25 as the date to hear arguments about possible recusal, as well as to set a new trial date for Matthew.
Last week, in an unrelated case, Matthew entered an Alford Plea to attempted capital murder, abduction with intent to defile and object penetration, in Fairfax County. He will be sentenced Oct. 2.
