CHARLOTTESVILLE, Va. – A man is on trial for his life, say lawyers of murder suspect Jesse Matthew, and they want the judge presiding over his case to be recused.
Matthew is facing the death penalty for the alleged murder of Hannah Graham. He was recently convicted in a rape and attempted capital murder case in Fairfax.
Lawyers say Albemarle County Circuit Court Judge Cheryl Higgins should recuse herself because she cannot be fair or impartial.
The defense says Higgins issued search warrants early on in the case, which they say is unusual.
One of her family members also attended a vigil for Hannah Graham and the judge currently has a child who attends the University of Virginia, where Graham was also a student.
The judge was asked to provide detailed answers if she answered yes to questions regarding if her immediate family knew Hannah Graham (professionally or personally), if her family members had been involved in the investigation of the teen’s disappearance, and if any immediate family members and attended a vigil or demonstration in support of Hannah Graham and her family.
Higgin’s responded to the questions in a letter. She said that to the best of her knowledge neither family members nor herself were involved in the investigation nor did they have a personal or professional relationship with the Grahams.
She did say that one of her family members attended a vigil held for Graham, one week after her disappearance.
“It is my understanding that this vigil was held prior to the body being found and there was no indication that she was deceased at that time,” the judge wrote.
This matter will be dealt with in court on June 25, at the same time of a hearing for a separate matter in this case.
