After Saturday’s white supremacist riots and violence against counter-protesters in Charlottesville, Virginia, community members in the city and people nationwide are still reeling. Reported Nazi sympathizer James Alex Fields, Jr., plowed his gray Dodge Challenger through a group of counter-protesters, killing 32-year-old legal assistant Heather Heyer and injuring at least 19 others. Fields has been charged with second-degree murder, three counts of malicious wounding, and one count of hit and run.

Fields’ attack was only one piece of the violence on Saturday. White supremacists, neo-Nazis, and neo-Confederates beat counter-protesters and marched through the streets of Charlottesville with Nazi flags, white supremacist images, and anti-Semitic chants. Following the weekend’s attacks, people are passing around the blame for the white supremacists’ acts of terror in Charlottesville.

In an interview with NPR’s David Green, Virginia Governor Terry McAuliffe explained that the city of Charlottesville had tried to relocate the rally to a more open park about a mile and half away from Emancipation Park, outside of downtown Charlottesville. However, the ACLU of Virginia joined a lawsuit against Charlottesville after the city refused to allow “Unite The Right” organizer Jason Kessler and his supporters to access Emancipation Park on Saturday for the previously approved demonstration.

“That rally should not have been in the middle of downtown – to disperse all those people from the park where they dispersed all over the city streets,” McAuliffe told NPR. “And it became a powder keg. And we got to look at these permits, and we got to look at where we put these rallies and protesters. I got to protect public safety.”

The ACLU of Virginia’s Executive Director Claire G. Gastanaga fired back at McAuliffe on Monday, condemning the violence that took place in Charlottesville but defending her organization’s involvement in the lawsuit against the city.

“We asked the city to adhere to the U.S. Constitution and ensure people’s safety at the protest,” Gastanaga said. “It failed to do so. In our system, the city makes the rules and the courts enforce them. Our role is to ensure that the system works the same for everyone.”

She said the city had failed to present sufficient evidence to the judge that moving the location of the rally would in fact result in no demonstration in downtown Charlottesville, instead of creating a situation in which the city would have to deal with two demonstrations in two separate locations.

“But let’s be clear: our lawsuit challenging the city to act constitutionally did not cause violence nor did it in any way address the question whether demonstrators could carry sticks or other weapons at the events,” Gastanaga said.

Over the years, the ACLU has taken somewhat of an absolutist stance on First Amendment rights, even defending speech that it hates. The organization was recently criticized by one of its own attorneys after the ACLU decided to defend Milo Yiannopoulos, a writer and speaker who is infamous for espousing hate against people of color, Muslims, immigrants, transgender people, and other marginalized individuals.

The events in Charlottesville and the ACLU’s defense of the constitutional rights of white supremacists, Nazis, and other hate-mongers raises an important question: what happens when the First Amendment–or any constitutional right for that matter–is used to protect hate and oppress other people?

In United States v. Schwimmer (1929), a pacifist applicant for naturalization was denied U.S. citizenship because she expressed that she “would not take up arms personally” in defense of the country. In his dissenting opinion, Justice Oliver Wendell Holmes asserted that the Constitution protects thoughts that we may not agree with.

“Some of her answers might excite popular prejudice, but if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought–not free thought for those who agree with us but freedom for the thought that we hate,” Holmes wrote.

That idea has been applied in other cases over the years and has evolved to include hate speech as part of protected speech. The Supreme Court upheld that principle in June when it reaffirmed that hate speech is protected under the First Amendment. Matal v. Tam dealt with the right of Asian American musician Simon Tam and his band “The Slants” to trademark their band name. The band’s trademark application was originally denied because of the band’s inclusion of a racial slur used to refer to Asians in their name.

Justice Samuel Alito wrote that the government’s restriction of “speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate.'”

Of course, there are exceptions to that rule as well. The “fighting words” doctrine, which arose out of the Chaplinsky v. New Hampshire (1942) decision, has been used to curtail speech used to incite violence. According to Chaplinsky, fighting words are “words plainly likely to cause a breach of the peace by the addressee, words whose speaking constitutes a breach of the peace by the speaker — including ‘classical fighting words,’ words in current use less ‘classical’ but equally likely to cause violence, and other disorderly words, including profanity, obscenity and threats.”

So where does the legality of the language used in Charlottesville fall on the protected/unprotected speech spectrum? Well, it can be a bit tricky. During the Charlottesville riots, white supremacists and neo-Nazis chanted anti-Semitic phrases like “Blood and soil,” which is derived from language that was used in Nazi Germany. However, if those chants were not spoken directly to a specific person, precedent may deem them to be hate speech but not fighting words. In other instances, rioters targeted specific individuals with racial and homophobic language. In those cases where particular individuals were singled out, a court might find that the aggressor was using fighting words.

Under current legal precedents, restrictions on free speech are not the clearest. What is clear is that hate groups are able to use discriminatory language that instills fear in marginalized communities without necessarily experiencing repercussions for that speech.

But it is also important, and perhaps more effective, to call out hate speech within our own communities. Eliminating hate speech is an important step in combating racism and other forms of hate, but people must also be willing to confront the beliefs and behavior that language is rooted in. Organizations like the subscription-based service Safety Pin Box provide substantive ways that allies can actively show their support for marginalized people, beyond mere social media posts “in solidarity.” People can also donate to anti-racism organizations and call their local, state, and national representatives in regard to specific issues. The events in Charlottesville are an overt demonstration of white supremacy, but they are only symptomatic of more systematic white supremacist structures. In order to combat white supremacy and other forms of hate, people must first address oppressive language and behavior in their own lives among family, friends, co-workers, and other community members.

Marcus Dieterle

Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

The post What Happens When the First Amendment Is Used to Protect Hate? appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Celebrities Protest at Trump Tower After Outrageous Press Conference

Last night, Michael Moore invited the audience that attended his Broadway play “The Terms of My Surrender,” featuring Mark Ruffalo, to join them at a protest outside the Trump Tower in New York. He then bussed 200 people in double-decker buses over to the tower and encouraged the rest of the audience to walk over. The protest was also a vigil in honor of counter-protester Heather Heyer. Ruffalo opened with a speech urging people to say her name. Actors Olivia Wilde and Tom Sturridge joined the protest right after they finished their Broadway show, “1984,” and led some chants.

.@MMFlint and @MarkRuffalo are leading a Trump Tower protest with #1984Play‘s Olivia Wilde and Tom Sturridge in tow https://t.co/PFfJ08I54a pic.twitter.com/rqf62i5qwS

— Ashley Lee (@cashleelee) August 16, 2017

The outrage aimed at President Donald Trump increased yesterday, after he defended his initial remarks regarding Charlottesville, when he said that “many sides” were responsible for the violence. Yesterday, he repeated that claim, and said the “alt-left” groups that attended the rally were “very, very violent” and that the blame is on “both sides.” People were shocked by the callous comments, and former KKK leader David Duke thanked the president on Twitter.

No words. https://t.co/pCSYUE5iZN

— Mark Warner (@MarkWarner) August 15, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: August 16, 2017 appeared first on Law Street.

The father of a participant in the white nationalist rally in Charlottesville, Virginia, has published an open letter to his son, denouncing his “hateful opinions” and saying he is no longer welcome at family gatherings.

Peter Tefft of Fargo, North Dakota, attended the “Unite the Right” rally in Charlottesville, where white nationalists gathered to protest the removal of a statue of confederate general Robert E. Lee. Participants met with counter-protesters and police in an explosion of chaos and violence that left dozens injured and one killed after a rally participant drove a car through the crowd.

Peter Tefft’s father, Pearce Tefft, published the letter to North Dakota-Minnesota news site Inforum on Monday morning. In the letter, Pearce Tefft writes that he and his family “loudly repudiate” Peter’s white nationalist rhetoric–which he calls “hateful and violent”–and emphasizes that the family does not share these beliefs.

“His hateful opinions are bringing hateful rhetoric to his siblings, cousins, nieces and nephews as well as his parents,” Pearce writes. “None of his beliefs were learned at home. We do not, never have, and never will, accept his twisted worldview.”

In the letter’s closing, Pearce urges his “prodigal son” to renounce his hate and return home, where he will be welcomed only if he decides to “accept and love all.”

“We have been silent up until now, but now we see that this was a mistake,” the letter reads. “It was the silence of good people that allowed the Nazis to flourish the first time around, and it is the silence of good people that is allowing them to flourish now.”

“A Maniac…Crazy Nazi”

Peter became the center of local controversy in Fargo earlier this year, when posters showing his photo and calling him a Nazi and a white supremacist were posted in the city’s downtown area in February.

He spoke with several news organizations about his involvement in the Charlottesville rally and defended his views, which he calls “100 percent pro-white.” Before traveling to Virginia, Peter penned a letter, published on Inforum, encouraging other white conservatives to “advocate for our civil rights” and warning them of “the left’s plan for demographic displacement.”

Peter wrote that he was attending the Unite the Right event in Charlottesville to “stand up for rural, traditional Americans” and rally around the statue of Lee.

“We seek to create a contrast between our position and the left; we like debate and they don’t,” he wrote. “Maybe we will even teach the left a lesson or two about the dangers of censorship and how angry it makes people.”

Peter’s image and participation in Charlottesville went viral this week after the Twitter account @YesYoureRacist posted his photo, garnering thousands of retweets and likes.

This charming Nazi is Pete Tefft of Fargo, ND — spotted in @UR_Ninja‘s video: https://t.co/2oslzXHtRZ #GoodNightAltRight #Charlottesville pic.twitter.com/Zqd2gm8mOC

— Yes, You’re Racist (@YesYoureRacist) August 12, 2017

Jacob Scott, Peter Tefft’s nephew, responded to the viral tweet in a statement, calling Peter a “vile person” who has made “violent threats” against his own family. Scott wrote that several family members had been harassed, both in person and online, by strangers who are under the assumption that they also endorse Nazism.

“We are all bleeding-heart liberals who believe in the fundamental equality of all human beings,” Scott wrote in a statement to Inforum. “Peter is a maniac, who has turned away from all of us and gone down some insane internet rabbit-hole, and turned into a crazy Nazi. He scares us all, we don’t feel safe around him, and we don’t know how he came to be this way.”

Avery Anapol

Avery Anapol is a blogger and freelancer for Law Street Media. She holds a BA in journalism and mass communication from the George Washington University. When she’s not writing, Avery enjoys traveling, reading fiction, cooking, and waking up early. Contact Avery at Staff@LawStreetMedia.com.

The post Father of Charlottesville Rally Participant Denounces “Hateful” Son appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

DOJ Opens Civil Rights Investigation into Charlottesville Violence

This weekend, a white supremacist protest in Charlottesville, Virginia, turned violent. The march began on Friday night, with protesters carrying torches, Nazi flags, and chanting a Nazi slogan. On Saturday, a lot of counter-protesters arrived at the scene. On Saturday afternoon, a car drove straight into the crowd of counter-protesters, killing one woman and injuring over 30 others. The driver was later identified as 20-year-old Ohio native James Alex Fields Jr. He has been charged with murder. Governor Terry McAuliffe declared a state of emergency Saturday evening.

Alleged driver of car that plowed into Charlottesville crowd was a Nazi sympathizer, former teacher says https://t.co/LWgW6UTy3e

— Washington Post (@washingtonpost) August 13, 2017

President Donald Trump finally commented from his New Jersey golf club, saying that he condemns the display of violence “on many sides.” But this very brief and vague comment was heavily criticized for not condemning the brazen white supremacy on display.

The Department of Justice has opened a civil rights investigation into the violence and even Attorney General Jeff Sessions made a more emphatic statement than the president. “The violence and deaths in Charlottesville strike at the heart of American law and justice. When such actions arise from racial bigotry and hatred, they betray our core values and cannot be tolerated,” he said.

If ISIS rammed a car into a crowd this would be labeled quickly & logically. Charlottesville – call it what it is, domestic terrorism.

— Eric Holder (@EricHolder) August 13, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: August 14, 2017 appeared first on Law Street.

Last night, white nationalists descended on Charlottesville, Virginia, where the University of Virginia is located. Many carried nazi or confederate flags, along with other symbols of white supremacy. Charlottesville has turned into somewhat of a powder keg after plans to remove a confederate statute from a nearby park sparked protests. Today, a car drove straight into a crowd of Black Lives Matter counter-protesters, killing at least one and injuring others. In response to the violence brought by the protesters, Governor Terry McAuliffe has declared a state of emergency in Virginia.

Scenes from the events last night and today have reverberated on social media, with many calling it out for what it is: blatant white supremacy and domestic terrorism.

Emblematic indeed#Charlottesville pic.twitter.com/qTvTB3BpSa

— Andy Campbell (@AndyBCampbell) August 12, 2017

My full statement on the horrifying white supremacist demonstrations and violence in Charlottesville: pic.twitter.com/IFXmqFLv4i

— Senator Tim Kaine (@timkaine) August 12, 2017

Regardless of who this evildoer is… this is terrorism. #Charlottesville pic.twitter.com/8eOWpJKp5R

— Ammar Campa-Najjar (@ACampaNajjar) August 12, 2017

Mr. President – we must call evil by its name. These were white supremacists and this was domestic terrorism. https://t.co/PaPNiPPAoW

— Cory Gardner (@SenCoryGardner) August 12, 2017

Of course, all eyes were on one particular individual’s reaction. President Donald Trump gave a short statement on Saturday afternoon, saying that “we condemn in the strongest possible terms this egregious display of hatred, bigotry and violence on many sides, on many sides.” But as many pointed out, there aren’t that many sides to this debate: there are violent white supremacists and then there are peaceful counter-protesters.

No, Mr. President, not “many sides.” There is one side with nazi flags and nazi salutes. America is not on that side. https://t.co/sDpFC9buIz

— Senator Dick Durbin (@SenatorDurbin) August 12, 2017

MANY SIDES?!? Ive typed and deleted at least 8 tweets. Words simply arent strong enough to accurately describe how I feel about Donald Trump

— Chris Evans (@ChrisEvans) August 12, 2017

The violence, chaos, and apparent loss of life in Charlottesville is not the fault of “many sides.” It is racists and white supremacists.

— Mark Herring (@MarkHerringVA) August 12, 2017

To be frank, no one expected Trump to have a particularly strong response. Trump had a track record of refusing to condemn white nationalists or violence at his campaign events. But, as the president of the United States, he needs to be doing better. As scenes continue to unfold in Charlottesville, the blatant white supremacy on display needs to be condemned in the harshest of possible terms.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post State of Emergency Declared in Charlottesville appeared first on Law Street.

After the Ku Klux Klan (KKK) organized a rally over the weekend to protest the removal of a confederate monument in Charlottesville, Virginia, thousands of counter protesters gathered to voice their disgust.

The Charlottesville City Council recently voted to remove a monument of Confederate General Robert E. Lee, but the KKK claims it is part of a sweeping effort to erase white history. The protest was held a block away from Emancipation Park, formerly Lee Park, which was recently renamed. But the statue of Lee riding a horse has yet to be removed.

LIVE from #CharlottesvilleKKK rally—#KKK still protesting. HUNDREDS of Counter protestors –very loud @ACLU #Charlottesville pic.twitter.com/QuShCGeehW

— Bo Erickson (@BoKnowsNews) July 8, 2017

City Councilwoman Kristin Szakos wrote in an editorial that the council’s decision was made to join a “growing group of cities around the nation that have decided that they no longer want to give pride of place to tributes to the Confederate Lost Cause erected in the early part of the 20th century.”

A court order has delayed the removal of the statue until a hearing next month that may just be a precursor to an elongated legal battle, according to NPR.

Not only is the town home to the University of Virginia, but it was also the home of American founding father Thomas Jefferson, and is near his Monticello estate.

Sunday’s protests featured about 30 Klansmen, many of whom arrived armed with handguns, and approximately 1,000 counter protesters, according to the Washington Post. The KKK was escorted by police clad in riot gear as they entered and exited.

The fact that the police force, comprised of local, county, state, and university police, protected the Klansmen, left a bad taste in plenty of people’s mouths after seeing police disproportionately use violence to subdue African-American protests.

The KKK is a hate group. Police are keeping them safe. When Black folks protest for our right to life, police harass and harm us. https://t.co/eVv9Vf4e7m

— Negrita (@HustleAndFro_) July 8, 2017

Charlottesville Mayor Mike Signer previously urged the town’s residents not to “take the bait — to deny the KKK the confrontation and celebrity they desire,” but thousands still felt compelled to voice their disgust with the group’s resurgence.

While the Klansmen attempted to speak publicly to the crowd at multiple points, they were inaudible and drowned out by the noise made by the counter-protesters. Jalane Schmidt, a professor at the university and a vocal supporter of the removal for Lee’s statue, was among the group gathered at the park. She told the Washington Post:

It is important for me to be here because the Klan was ignored in the 1920s, and they metastasized. They need to know that their ideology is not acceptable…I teach about slavery and African American history, and it’s important to face the Klan and to face the demons of our collective history and our original sin of slavery. We do it on behalf of our ancestors who were terrorized by them.

By the end of the day 22 people had been arrested while three others were hospitalized. Two of the medical issues were due to the heat while the other was alcohol-related, according to the Washington Post.

The Klansmen were members of the Loyal White Knights of the Ku Klux Klan, based in Pelham, North Carolina, about 140 miles across the Virginia border. The group was compelled to fight, in their view, the eradication of white history. While most protesting the statue’s removal were part of the KKK, others, like Brandi Fisher, drove hours from neighboring states to join and voice their concerns.

“I don’t agree with everything the Klan believes, but I do believe our history should not be taken away,” said the West Virginia native. “Are we going to remove the Washington and Jefferson memorials because they were slave owners?”

The KKK also staged a protest last month alongside white nationalist leader Richard Spencer in which the group ominously marched with torches to protest the council’s decision. That earlier protest also drew condemnation from citizens and even Virginia Congressman Tom Perriello.

Get your white supremacist hate out of my hometown. https://t.co/KfkxHImvze

— Tom Perriello (@tomperriello) May 13, 2017

Once the protests ended on Sunday afternoon, police escorted the Klansmen out and asked the counter protesters to disperse. After the police decided the remaining crowd was “an unlawful assembly,” the police force donned masks and released gas canisters to disperse the crowd, according to the Washington Post.

Last month the Anti-Defamation League released a comprehensive report on the current presence of the KKK in the United States. According to the research, there are about 3,000 people who strongly identify with Klan ideology and there are 42 active groups across 33 states. The report also states that many of the chapters have joined forces with each other or with neo-Nazi groups in order to show strength and unity. As a result, groups have beliefs ranging from “traditional” white supremacist beliefs to Christian Identity, “a longstanding racist and anti-Semitic religious sect,” according to the ADL Report.

Several white nationalist groups have obtained permits for yet another rally on August 12, so there will likely be more conflicts like these in the future. With racial tensions heightened since the 2016 election, these feuds over confederate monuments are just one example of the conflicts that continue to arise between white nationalists and more progressive communities.

Josh Schmidt

Josh Schmidt is an editorial intern and is a native of the Washington D.C Metropolitan area. He is working towards a degree in multi-platform journalism with a minor in history at nearby University of Maryland. Contact Josh at staff@LawStreetMedia.com.

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University of Virginia student Martese Johnson filed a $3 million civil rights lawsuit against Virginia Department of Alcoholic Beverages Control agents on Tuesday, alleging that they used excessive force during his bloody arrest in March.

Johnson is suing the VA ABC and three agents–Jared Miller, Thomas Custer, John Cielakie, and Shawn P. Walker–arguing that they used excessive force when he was arrested, and that he was unlawfully detained.

The junior honor student was arrested on March 18 after catching the attention of liquor agents after being denied entry by a bouncer outside of an Irish pub in Charlottesville. The agents asked to see Johnson’s “fake ID” and then wrestled him to the ground, causing several facial wounds to bleed profusely when his head struck the pavement.

Johnson was later charged with resisting arrest, obstructing justice without threats of force, and profane swearing or intoxication in public. The charges were eventually dropped, and Johnson maintains that he was not intoxicated, acting belligerently, nor using a fake ID.

Videos and photos of Johnson, who is African-American, with blood streaming down his face calling the officers “racist” were widely distributed on social media sites, inciting outrage in his community and the rest of the country.

UVa’s Martese Johnson files $3 million suit against @VirginiaABC after bloody arrest https://t.co/k7PPFsqklC pic.twitter.com/tjV65t6L7k

— The Roanoke Times (@roanoketimes) October 20, 2015

In an emotional essay for Vanity Fair, Johnson recalled the night of his arrest writing,

When I was picked up and dragged away by these officers, glimpses of my ancestors’ history flashed before my eyes. Although it could never compare to a life of slavery, for those hours, I had no freedom, no autonomy, and no say in what was happening to me. I cried for a long time that night—not because of my physical wounds (though there were many) or possible jail time (I was charged with two misdemeanors that were eventually dropped), but because my lifelong vision of sanctuary in success was destroyed in seconds.

He later added,

The officers’ actions may not have been premeditated that night, but I do believe they were calculated.

[…]

Why would I be subjected to such violence when so many other students in similar circumstances—so many other students that same night—were left alone?

Now he’s making sure to fight back against the people who humiliated, scared, and hurt him, including the institution that trained them. He explains his reasoning for going after not just the ABC as a whole but also the investigators themselves writing,

ABC agents have a history of aggressive, excessive, and unjustified behavior in effectuating their duties. This history stems from and is caused by a systemic failure to train and supervise agents by Defendants ABC and Director Walker.

It’s clear that public support falls in favor of Johnson, but it will be up to a court to decide whether or not these agents and the ABC broke the law.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post UVA Student Martese Johnson Sues for $3 Million After Bloody Arrest appeared first on Law Street.

The 2014 disappearance and murder of second-year University of Virginia student, Hannah Graham, shocked the residents in Charlottesville, Virginia.

The 18-year-old went missing on September 13, 2014, after moving between parties alone and texting a friend saying she was lost. Police tracked some of Hannah’s movements using surveillance footage and found a tape where she was seen walking with a man, later identified as Jesse Matthew Jr, a hospital worker, who was then arrested on suspicion of kidnapping Graham. Police launched an aggressive manhunt searching for the teen; after five weeks Graham’s remains were unearthed in a rural area just 12 miles from UVA’s campus.

COMING UP: Update on slain UVA student Hannah Graham. Watch live here: pic.twitter.com/3EoYZ3aA6s

— NBC News (@NBCNews) February 10, 2015

Matthew, 33, who has been held by police since September 2014 in connection with Graham’s disappearance, has now been charged with first-degree murder and abduction with the intent to defile. Albemarle County Police Chief Steve Sellers announced at a press conference Tuesday that Matthew was served four indictments Monday afternoon. Besides the murder and abduction charge, Matthew was also indicted on reckless driving counts.

He is scheduled to make his first appearance in Albemarle Circuit Court for the abduction and murder charges on February 18 by video from Fairfax. Matthew is currently jailed there in connection with a 2005 rape and attempted murder he’s been charged with. He will remain behind bars in Fairfax until his trial in March.

Jesse Matthew charged with murder in Hannah Graham case; won’t face death penalty http://t.co/gyCXUSRRbCpic.twitter.com/6Jg4mC5YEV

— The Virginian-Pilot (@PilotNews) February 10, 2015

In addition, he has also been forensically linked to the death of Virginia Tech University student Morgan Harrington, who disappeared after leaving a Charlottesville concert in October 2009. Harrington’s body was discovered in 2010.

Matthew faces a possibility of five life sentences if convicted in both Fairfax and Albemarle counties, but surprisingly, not the death penalty. Had Matthew been indicted on a capital murder charge that wouldn’t have been the case.

Why did prosecutors choose not to file any capital murder charges? Albemarle County Commonwealth’s Attorney Denise Lunsford told CBS reporters:

The decision on how to charge in a specific case is very difficult and often times there are many considerations that going in to charging decisions. I’m not going to discuss the specific facts and circumstances that led to this consideration for ethical reasons, however understand that a great deal of serious thought went into this determination, including the impact on the community, the Grahams and the need to provide Mr. Matthew with a fair trial.

Matthew exhibited a pattern of hurting college-aged girls. In 2002 he was the main suspect in a campus rape investigation while attending Liberty University in Lynchburg, Virginia, but no charges were filed.

It didn’t stop there, because in 2003, Matthew was forced to leave the Christopher Newport University football team he played on shortly after a report of an on-campus sexual assault.

That makes a grand total of five cases where Matthew has been accused of sexual assault. Even scarier, there could be more victims. As someone working in the healthcare field–he worked in a hospital–Matthew could have had the opportunity to victimize countless others that he “cared” for. This man’s horrific crime spree has shone a light on the importance of reporting campus sexual assaults. Had these universities taken the previous accusations against him more seriously, Graham and Harrington may have still been alive.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post State Charges Jesse Matthew for Hannah Graham’s Murder appeared first on Law Street.

Research and analysis done by Law Street’s Law School Rankings team: Anneliese Mahoney, Brittany Alzfan, Erika Bethmann, Matt DeWilde, and Natasha Paulmeno.

Click here to read more coverage on Law Street’s Law School Specialty Rankings 2014.

Click here for information on rankings methodology.

Featured image courtesy of [Charles Paradis via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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