Jesse Matthew Charged with Hannah Graham's Murder
BLITZER: We're following a dramatic break in the abduction and the death of the University of Virginia student Hannah Graham. Jesse Matthew, the man seen with Graham in those security videos from the night she disappeared, now has been indicted for murdering her. Our correspondent Brian Todd is Charlottesville for today's surprise announcement. So, Brian, tell our viewers how it went.</s>BRIAN TODD, CNN CORRESPONDENT: Well, Wolf, you mentioned surprise, the timing of this announcement was a bit of a surprise given that there's a separate rape case against Jesse Matthew in Fairfax County that could go to trial soon. Still the announcement of charges today is a crucial step in a case that has horrified this community now for five months.</s>TODD (voice-over): She was the subject of the largest missing persons search in Virginia's history. When she was found near this creek bed a month after her disappearance, all that was left of University of Virginia student Hannah Graham was her skull and some bones. Tonight the prime suspect in the case is formally charged.</s>DENISE LUNSFORD, ALBEMARLE COUNTY PROSECUTOR: Jesse Matthew Jr. was indicted in Albemarle County for abduction and murder of Hannah Graham.</s>TODD: Jesse Matthew was one of the last people seen with Graham early on the morning of September 13th. They've been spotted on surveillance video outside Tempo, an upscale bar in the Downtown Mall in Charlottesville. Graham had been captured on surveillance cameras just before that at various places in Charlottesville. Police and prosecutors won't discuss what evidence they have against Matthew, but Charlottesville criminal defense attorney Scott Goodman believes it's a strong case.</s>SCOTT GOODMAN, LEGAL ANALYST: They have the evidence on the video on the Downtown Mall. They know that Miss Graham was last seen with Mr. Matthew. They also have the evidence that he fled from the scene. You have the car. There could be blood evidence.</s>TODD: Matthew has also been charged with the 2005 rape and attempted murder of a woman in Fairfax County, Virginia. He's pleaded not guilty in that case, which will likely go to trial later this year. And authorities say he's linked forensically to the 2009 disappearance of Virginia Tech student Morgan Harrington whose body was found not far from where Graham's was discovered. Despite the brutal nature of all three cases, the prosecutor says she's not seeking the death penalty for Graham's murder and she wouldn't say exactly why.</s>LUNSFORD: 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.</s>TODD: We asked the prosecutor if a deal was made with Jesse Matthew to have him avoid the death penalty. She said they've had no discussions with Matthew or his lawyer about that.</s>TODD: We contacted Jesse Matthew's lawyer Jim Camblos. He would not comment on the murder charge and Hannah Graham's parents could not be reached for their response to the new charge against Matthew or to the decision not to seek the death penalty -- Wolf.</s>BLITZER: Brian, in that Fairfax, Virginia, case, the victim survived. She managed to get away. That makes her extremely important in these cases, right?</s>TODD: Absolutely, Wolf. And the prosecutor in Fairfax has said just how crucial a witness she is. She is coming all the way from India to testify against Jesse Matthew in that case. That case was slated to begin in March but it's now been delayed, it may not begin until this summer.</s>BLITZER: Brian Todd, thanks very much. So the timing of the Jesse Matthew indictment is just one of today's surprises. It's also important and surprising that he's charged with first-degree murder but not capital murder. A capital murder charge, as you know, opens the possibility that Matthews could be executed if he's convicted. A first-degree murder conviction carries a maximum sentence of life imprisonment. Let's bring back the former FBI assistant director Tom Fuentes, along with investigative journalist Coy Barefoot, who's been covering this story since Hannah Graham disappeared. And our senior legal analyst Jeffrey Toobin. Coy, today's news out of Charlottesville, that's where you are, surprising for a number of reasons. But remind our viewers what led up to this point. Because this is an extremely unusual case, isn't it?</s>COY BAREFOOT, INVESTIGATIVE REPORTER: It is, Wolf. Listen, there's so many moving parts to this story. But here's the takeaway from today and here's what people need to understand. Jesse Matthew abducted Hannah Graham, he stole her from her family and from this community. He brutally murdered Hannah Graham and then he dumped her body like it was nothing but garbage in the dark, in the woods, in the mountain south of Charlottesville. That is precisely what police investigators. That's what prosecutors believe happened the night that Hannah Graham disappeared. It's this coming Friday night, it will be five months since Hannah Graham was last seen in downtown Charlottesville, barely able to stand on her own in the clutches of Jesse Matthew and her remains were found five weeks later. And ever since she went missing, we've wanted two things. We've wanted to know what happened to her and we've wanted justice if any crimes were committed. And what we know today that we didn't know yesterday is that the authorities here in Virginia are certain that they know what happened the night Hannah went missing and they intend to bring Jesse Matthew to justice for the horrific crimes that they believe he committed.</s>BLITZER: Right. And as you say, these are allegations. These are the charges. He's obviously innocent until he's proven guilty. But were you surprised, as far as the timing of the charges, the charge itself, that he's being charged with first-degree murder in the Hannah Graham case, not capital murder?</s>BAREFOOT: Wolf, I was blindsided by this announcement. I'm going to be honest with you. I was not expecting this. All of my sources have been saying for months, there's plenty of time in Albemarle County. We've got another trial going on in Fairfax. We'll wait until that's over and then what happened is the police wrapped up and the prosecutor said, well, why wait? And it was a pretty quick decision and they moved on it. And so we get the announcement today. As for no death penalty, that was a bit of a surprise. But I guess it shouldn't be. The last time I think anyone was executed for a crime committed in central Virginia was actually, interestingly enough, was 110 years ago today, February 10th, 1905, when a former mayor was hung to death for beating his wife to death in the bathtub in Charlottesville and he was the last man executed by hanging in Virginia and it took place here. I don't think anyone has been executed for a crime committed in central Virginia since that time.</s>BLITZER: So, Jeffrey, what's your analysis? Is that the explanation why they're going -- they're not going for the capital murder charge?</s>JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, the key thing we don't know here is what the forensic evidence shows in the Hannah Graham case. Whether there is any DNA -- DNA evidence or similar evidence tying him to the crime. Because simply basing a case on his being seen on a video, it's suggestive but I don't know if that is enough to get a conviction, much less the death penalty. This plays into, I think, one of the less discussed facts about the death penalty in the United States. It is down all over. It's down in Texas. Prosecutors are asking for it less, jurors are imposing it less. And executions are taking place less. So this is one of the more liberal parts of Virginia, and the prosecutors apparently thought that you couldn't get it.</s>BLITZER: But, you know, usually in a case like this, in a case like this, you ask for the death penalty and maybe the guy will plead guilty, get life without the possibility of parole and then there won't be a trial or anything like that. They seem to be even foregoing that, right?</s>TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Well, normally the prosecutors are looking at a couple of things. First of all, they could change their mind. It's not, you know, set in stone that they're not going to ask for the death penalty. But, you know, what's happened in the last few months is that they linked him to the murder scene, to the crime scene to be able to say he killed her. There was plenty of video evidence there were to gather. They already have the hairs, fibers, DNA, showing that they had been together that night. That's not the issue. Because he could say he dropped her off and didn't see her again. She was fine when he left her. They have to have something at that crime scene, where the skeletal remains were found, or in his apartment after, or maybe he did, like many serial killers, took a trophy photograph after he killed her, or something else from her personal and they found that in the searches of his car --</s>TOOBIN: He has -- and he has not yet been charged in this murder of the Virginia Tech student. That is a possibility for --</s>BLITZER: That's a separate --</s>TOOBIN: Separate case. Possibly the death --</s>BLITZER: All right. Jeffrey, Tom, Coy, guys, thanks very much. Coming up, ISIS e-mails, evidence to the family that the American hostage Kayla Mueller leading officials to conclude she died in captivity. And as fighting explodes out of control in Ukraine, President Obama phones the Russian president Vladimir Putin and with an urgent appeal.