Jesse Matthew in court Friday for 2005 rape, attempted capital murder case

Posted at 12:17 AM, Nov 14, 2014
and last updated 2014-11-14 07:05:55-05

FAIRFAX, Va. -- For more than a month, Jesse Matthew has been behind bars in Charlottesville, charged with the abduction of Hannah Graham. However, early Wednesday morning, Matthew was transferred to the Fairfax Adult Detention Center, where he will face a judge Friday morning.

Matthew is accused of attacking a Fairfax woman in 2005. He's charged with attempted capital murder, rape, and sexual assault.

The DNA in this case matches DNA found in connection with the Morgan Harrington case, though no charges have been filed against Matthew. Harrington disappeared in October 2009, from Charlottesville, during a Metallica concert. Her remains were recovered 101 days later, and in a location about five miles form where Graham's remains were found.

"It makes perfect sense to go forward with that case first because that one is ripe and ready for trial," CBS 6 Legal Analyst Todd Stone said.

A trial date is expected to be set during Friday's court appearance.

Stone said he would expect this kind of trial to last around a week or less.

Despite the fact the rape case is nearly 10 years old, Stone said prosecutors seem to have DNA on their side.

"Normally it would be tougher for the prosecution, but when you're talking about DNA it's a little bit different because that's like a time stamp," Stone said.

He added he did not expect the alleged rape victim to be in court Friday, but said it's likely she will take the stand if the case goes to trial.

"She was brave to come forward with this in the beginning and she's brave to be coming back, and I think she serves a great example," Stone said.

CBS 6 Reporter Laura French will be in court Friday, and will have multiple updates on-air and online.