Archive for Thursday, August 13, 2009

Jaeger found guilty on three of four charges

Former KU student convicted in brutal beating

A Douglas County Sheriff’s deputy handcuffs Matthew Jaeger as Jaeger’s attorney, Pedro Irigonegaray, watches. Jaeger, 24, was convicted Thursday in Douglas County District Court of three charges in connection with an Oct. 9, 2007, attack on his ex-girlfriend: kidnapping, aggravated battery and making a criminal threat. Jurors could not reach a verdict on a charge of aggravated burglary.

A Douglas County Sheriff’s deputy handcuffs Matthew Jaeger as Jaeger’s attorney, Pedro Irigonegaray, watches. Jaeger, 24, was convicted Thursday in Douglas County District Court of three charges in connection with an Oct. 9, 2007, attack on his ex-girlfriend: kidnapping, aggravated battery and making a criminal threat. Jurors could not reach a verdict on a charge of aggravated burglary.

August 13, 2009, 2:14 p.m. Updated August 14, 2009, 8:01 a.m.

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Verdict reached in Jaeger trial

The jury in the case against Matthew Jaeger reached a verdict Thursday. Jaeger was found guilty in three of the four charges being pursued against him. He will serve a minimum of four years in a Kansas prison. Enlarge video

Matthew Jaeger: Guilty Verdict

More coverage of the trial of a former Kansas University student accused of beating and kidnapping his ex-girlfriend.

Jaeger Trial Updates, Via Twitter

Former Kansas University student Matthew Jaeger dropped his head moments after a Douglas County jury convicted him Thursday afternoon of beating and kidnapping his ex-girlfriend.

After the seven-man, five-woman jury left the courtroom, the victim — who suffered internal injuries to her external vagina area on the night of Oct. 9, 2007 — hugged prosecutor Nola Wright.

"For what she went through, she spent 11 days in the hospital. It was very, very severe," said Wright, an assistant Kansas attorney general.

Jaeger, a 24-year-old suburban Chicago man, was taken in handcuffs from the courtroom to Douglas County Jail after the verdict. His sentencing is set for Sept. 25 and he faces at least four years in a Kansas prison.

His defense attorneys say an appeal is certainty.

"We thought the scientific evidence we introduced was sufficient to create a reasonable doubt on all counts," defense attorney Pedro Irigonegaray said.

Wright and Jason Hart, with the attorney general's office, prosecuted the case because Douglas County District Attorney Charles Branson represented Jaeger on a DUI charge when Branson was in private practice.

The jury began its deliberations Monday afternoon, and by 2:30 p.m. Thursday returned a guilty verdict on three charges: kidnapping, aggravated battery and making a criminal threat against a man who was with the victim in her apartment on the night of the incident.

Jurors were unable to reach a verdict on a charge of aggravated burglary. Prosecutors could seek another trial on that count, but it’s unlikely because the jury convicted him of the two most severe charges he faced.

“The Lawrence community should be very proud of its police force. I was impressed with their investigation,” said Wright, an assistant Kansas attorney general. “They were thorough. They were dedicated, and they put the case together. We just put it in front of the jury.”

Extensive injuries

As prosecutors presented seven days worth of evidence in the trial, they built a case accusing Jaeger of breaking into his ex-girlfriend’s northern Lawrence apartment. They said he chased away and threatened Dylan Jones, the man she was with. The victim testified that Jaeger then choked her unconscious, and she said she awoke later with extensive injuries to her external vaginal area.

Prosecutors said Jaeger punched or kicked her in the pelvic region and dragged her from her apartment into a car driven by his friend, Evan Carroll. Police later stopped the car and the men said they were trying to take her to the hospital.

Defense attorneys Irigonegaray and Michael Saken had worked to convince the jury that Jaeger was worried about his former girlfriend’s safety that night. His attorneys said he found her injured and tried to help her after she fell onto a bed railing in her bedroom.

"The thing that made this case go was the 911 call. You had neighbors who were paying attention and who picked up the phone," Wright said.

Plans to appeal

Irigonegaray said he was pleased that jurors did not convict Jaeger on the most severe charge — aggravated kidnapping — but said he was disappointed with the overall outcome.

"Now it is up to an appellate court to determine whether or not we have merit in whatever appeals we file," he said.

Chief Douglas County District Judge Robert Fairchild revoked Jaeger’s $850,000 bond after the verdict was announced, and Douglas County Sheriff’s deputies took him into custody.

Jurors deliberated five hours Thursday. On Wednesday, deliberations were interrupted when Fairchild dismissed a male juror for misconduct. Despite a motion from defense attorneys for a mistrial, Fairchild decided to replace the male juror with an alternate, who is a woman.

Defense attorneys said the juror who was dismissed re-enacted material facts of the case, but prosecutors said his conduct did not influence the other 11 jurors.

Before the trial, prosecutors had asked the judge to impose a harsher sentence if Jaeger was convicted because prosecutors said it was an excessively brutal crime. The jury would have had to make that decision similar to a capital murder case, but Fairchild dismissed the jury after the verdict was announced.

Sources said Fairchild denied the prosecution’s motion for the harsher sentence after he heard all of the state’s evidence in the case.

Comments

Tab 5 years, 9 months ago

Guilty!!!! I believe in the justice system again!

aletheia 5 years, 9 months ago

Yes!!!!!! Good job and congratulations to the prosecution, Judge Fairchild and the jury. I hope the victim feels some relief, vindication and closure. She was a brave soul for facing this whole ordeal so couragously.

nlf78 5 years, 9 months ago

Thank goodness!! What kind of a sentence will this bring? I hope he's still put away for a long time!

gsxr600 5 years, 9 months ago

All caps LJW? That's pretty professional.

suzy 5 years, 9 months ago

I commend the jury for their thorough job. Although the victim may truly never recover from what happened, I hope this will bring her some peace and relief and that she will continue to seek help to get her through this horrid ordeal. My thoughts are with her and her family right now.

ohjayhawk 5 years, 9 months ago

So, the jury found him guilty of simple kidnapping vs. aggravated kidnapping? I would assume that carries a lighter sentence, unfortunately, considering that was the major charge to begin with.

Amy Heeter 5 years, 9 months ago

See and you people were worried. I bet the kidnapping brings at least 10 years. Not sure what the definition of simple kidnapping is though.

sinverguenza 5 years, 9 months ago

Guilty! I hope she can now recover, move on and find peace. Testify!

ebyrdstarr 5 years, 9 months ago

kidnapping carries a max of 61 months with no criminal history, which from what I recall is where he fits. (one DUI conviction would not affect the sentence.) Then, the battery (assuming it's the level 4, which I think it is) has a max of 43 months. And the threat maxes at 7 months. Those three can all be run consecutively to get a total of 111 months.

The numbers on the kidnapping would go up slightly if he does have two or more misdemeanors in his past. But not on the other two as criminal history only counts towards the sentence on the top count.

mdfraz 5 years, 9 months ago

Simple kidnapping is still a level 3 person felony, with a presumptive prison sentence from 55 (no criminal history) to 247 months (3 or more person felonies). No idea what his criminal history is, but even if he has none, it's still about 5 years in prison. Of course, sentencing will be down the road a month or 6 weeks probably.

kansasfan21 5 years, 9 months ago

YES!!!!!!!!!!!!!!!!!!!!!!!!!!!

I actually saw him standing on the sidewalk on New Hampshire today right across from the courthouse and I wanted to run him over! Guess I'll let his new "roommates" take care of that for me.

Leslie Swearingen 5 years, 9 months ago

I was very worried. I wonder if I would be as brave as this girl and go though what she has. I also wonder how the defense lawyer feels about himself.

Amy Heeter 5 years, 9 months ago

Thanks md. But that is only one charge. We know he has some criminal history since Branson defended him at some point in the recent past. Branson has been the D.A. for at least 3 years as i recall.

I saw him early in the trial when I was assisting a woman in getting a resraining order. he came out during a break and had quite a jilt in his step. Bet that has changed.

METALQ2 5 years, 9 months ago

Great news. Go max on all of them. Brutal ba$!ard

staff04 5 years, 9 months ago

"kidnapping carries a max of 61 months with no criminal history"

"Simple kidnapping is still a level 3 person felony, with a presumptive prison sentence from 55 (no criminal history"

Since the threat and battery occurred before the kidnapping, do they count towards his criminal history?

Ceallach 5 years, 9 months ago

I like the all caps. Shout it out . . .

mdfraz 5 years, 9 months ago

No idea on his criminal history, or what Branson represented him on. It may have been a DUI as ebyrd intimated. As he said though, even that is only one misdemeanor which keeps him in the lowest criminal history score block. If he has two misdemeanors or more, then he moves up.

Yes the kidnapping charge is only one charge, but it's the most serious offense for which he was found guilty. ebyrd detailed the other sentences as well above. If they are run consecutively they add up to almost 12 years. That's a definite possibility, but it is also fairly common to run counts concurrently, which means the kidnapping count would be controlling at around 5 years. We will see what the prosecutors decide to do.

kuhusker 5 years, 9 months ago

I wonder how his jujitsu training will serve him in prison. Somehow I think it will be less effective against some big old con as compared to a defenseless woman!

ebyrdstarr 5 years, 9 months ago

Staff, no. Only convictions prior to today's verdict will count towards criminal history.

mdfraz 5 years, 9 months ago

staff, no. Criminal history deals with prior convictions of other crimes. All of the three today were part of the same course of conduct and are not counted toward his criminal history score for this sentencing. Now, if he commits crimes in the future, all of them will count as priors and he will have a very serious criminal history score at that point.

Amy Heeter 5 years, 9 months ago

I think the judge has to consider the related charges but I don't think it counts as criminal history. BTW let me appologize for leaving the "T" out of restraining order in my last post. I guess I just get excited when I see a brut gets his.

mdfraz 5 years, 9 months ago

Damn, ebyrd, are we the same person? Lol.

Consumer, he MIGHT get probation, but the two most serious convictions are both presumptive prison, and with the seriousness of the injury inflicted, I highly doubt he'll get probation. I'm guessing the defense will move for a dispositional departure, but I'd be schocked if they get it. Especially since it seems that Jaeger hasn't been owning up to what he did (we can say that in the past tense now without the "alleged" qualification).

ebyrdstarr 5 years, 9 months ago

I'm just operating on the assumption that if he had person felonies in his past, we would have heard about it, so I doubt he'll be any higher than the H box (2 or more misdemeanors, but no felonies) on the grid, which would take the kidnapping up to 71 months.

But remember that the state filed notice that they intended to pursue a sentencing trial, seeking an upward departure from the grid box. I guess we'll find out soon whether they intend to pursue that.

Steve Jacob 5 years, 9 months ago

10 years sounds good to me, I doubt he gets out on bail during appeal.

ebyrdstarr 5 years, 9 months ago

no, md, but I'm beginning to suspect we run in the same circles.

mdfraz 5 years, 9 months ago

Very possible. I don't run exactly in that circle at the moment, but I have in the recent past, and hope to get back to it soon. I'm in a related field right now.......

Meryl Carver 5 years, 9 months ago

Irish, I hope he feels pretty good about himself. He did his job defending his client to the best of his ability, and for that I applaud him. Even if you believe Jaeger is a monster--and I wouldn't hold that against you--his attorney was doing his job, defending his client's constitutional rights. And the more monstrous the defendant, the more important that job is.

mdfraz 5 years, 9 months ago

I agree 100% blackbird. Even the most repulsive defendants deserve a vigorous defense, if not just for their individual rights but to ensure that the prosecutors are doing their job fully. I could never be a defense attorney I don't think, but that doesn't mean they don't play a very important role in our system. That's not to say they don't try to play some dirty tricks at times (not saying that's the case here), but their job is to do the best they can for their client within the rules.

wowzers 5 years, 9 months ago

probabtion??? LOL. You must be joking. Any bets on whether he brought his "soap on a rope" with him today, or will daddy be mailing that to him?

kcwarpony 5 years, 9 months ago

"Chief Douglas County District Judge Robert Fairchild will order Jaeger into custody."

Second best news I've heard all day!

wowzers 5 years, 9 months ago

and i know i spelled probation wrong so no need to point that out.

nekansan 5 years, 9 months ago

I'm curious about the burglary charge. Anyone know the specifics of the statute?

But glad to see justice prevailed. He deserves a long time in prison to think about what he did to the victim.

ebyrdstarr 5 years, 9 months ago

Burglary requires entering into or remaining within a building without consent and with the intent to commit a felony, theft, or sexual battery therein. I would guess the jury was hung up on the question of what his intent was when he entered. (From what I know of the case, I don't think this would be a remaining within situation.)

madman 5 years, 9 months ago

Yes! If only on top of jail time she could get a couple of wacks in a certain area on him. Sounds fair? Or maybe he could accidently fall on a bed post over and over again.

mdfraz 5 years, 9 months ago

I'm guessing that would be the hangup as well on the burglary charge. What I can't get is why they convicted of simple kidnapping; to me, convicting on ag. battery implies that the bodily harm necessary for ag. kidnapping existed. Sometimes it's hard to figure out why juries do what they do.

thelonious 5 years, 9 months ago

A guess as to sentencing -

1 year, sentences to run concurrently, elgible for parole in 6 months, then 1 year (or 1.5 years if paroled) house arrest, then 5 years probation. Also mandatory anger management class. Oh, and there will probably be an appeal, which will probably be denied. He will probably have to remain in custody during his appeal.

No inside knowledge here, just a guess - doubtful he will get the max or consecutive sentences due to his lack of priors, but even the above will be a fairly heavy price to pay. Not commentig on whether a sentence like the above is too harsh or too lenient, just a guess as to how it will wash out.

He should have taken the plea bargain (if one was offered).

monkeyspunk 5 years, 9 months ago

@nekansan

Statute 21-3716: Aggravated burglary. Aggravated burglary is knowingly and without authority entering into or remaining within any building, manufactured home, mobile home, tent or other structure, or any motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property in which there is a human being, with intent to commit a felony, theft or sexual battery therein.

MyName 5 years, 9 months ago

ebyrd:

If I were to speculate, I would say the jury went toward a "crime of passion" justification, which is why they dropped the burglary (as it wasn't his intent going in to commit a felony), and possibly also why it wasn't aggravated kidnapping (as the injuries to the victim occurred before the kidnapping, not during the kidnapping).

That could also explain why the defense attorney was trying to show that Jaeger didn't intend on harming the victim as he was going into her apartment.

MyName 5 years, 9 months ago

@thelonious:

I really think he'll get more than 12 months of prison time. Even if you are right that they let him spend over half of the (5 year) sentence in house arrest, beating the crap out of a woman and then hauling her off in your car is going to merit more than that.

thelonious 5 years, 9 months ago

Well, Pedro put as much lipstick on that pig as anyone possibly could, but at the end of the day it was still a pig.

Hopefully the young man will learn something from this and correct the path he is on, assuming he actually did it (and it certainly appears that he did - juries are not 100% correct, but the publicly available information, at least, was pretty damaging to the defendant. Admitting you lied to the police kind of puts you in the hole before you even get started).

Hopefully the young woman can pick herself up and carry on with her life in a dignified manner.

kneejerkreaction 5 years, 9 months ago

Don't think I've ever seen bloggers 100% in agreement. Hopefully he'll get more than just 5 years, but even if he doesn't, 5 years in Lansing is nooooooooooo cakewalk.

And he's a cute little bugger. My guess is solitary, 'cause pseudo tough guys who beat up women are not seen favorably. Lube up Matt, you're gonna need it.

Belinda Rehmer 5 years, 9 months ago

Thanks for the coverage on this one LJW (George)! I have been very pleased with the updates! Have felt very informed throughout the whole trial.

Also cudos to the jury. I know it is not easy to hold someone's future in your hands. It's so easy for us "arm chair jurors" to deduce and convict, without your parameters. Thank you for giving of your time and doubtless sleepless nights.

1moreopinion 5 years, 9 months ago

I will hold my excitement until after sentencing. With the reduced charges (convictions) his time will probably be minimal.

monkeyspunk 5 years, 9 months ago

http://sedgwickcounty.org/DA/sentencing_grid.html

Above is a sentencing guideline for the state of Kansas.

Maybe one of you legal beagles can help me understand.

Agg battery, if a Level 4, could net 60 months or so. Kidnapping, if a Level 3, could get as much as 100 months right? (Criminal threat is a Level 9, with only probation as a sentence.)

Am I reading that correctly?

Frightwig 5 years, 9 months ago

Irish, his attorneys probably couldn't care less, just as long as the check clears. They have nothing to be proud of. They aren't public defenders who were assigned to this case. They CHOSE to take on this case and they tried their hardest to keep this monster on the streets. Anyone who thinks these guys care about the rights of abused women is sorely mistaken. Sadly, for some people money comes above all else. I'm just glad they weren't very competent in this trial.

"He never hurt her. She fell on a bed rail."

Seriously?!!

mdfraz 5 years, 9 months ago

thelonious, do you have some reason for picking 1 year out of the air? There is nothing about one year in the sentencing guidelines, which control here. 5 years probation? Are you just speculating? Have you ever seen the sentencing guidelines?

The guidelines take into account a person's criminal history; in this case, the crimes are considered serious enough that even someone without any history at all is presumptively going to prison for them. Judges (thank God) can't just make up a bunch of numbers on their own when making their determination.

ebyrdstarr 5 years, 9 months ago

monkey, regardless of his criminal history, the ag battery cannot go above the top of the I box, so 43 months. Criminal history only counts towards the top count, which is the level 3 kidnapping here.

If he gets prison on the kidnapping (which I am pretty willing to guarantee he will...), the criminal threat sentence will most likely also be a prison sentence.

nekansan 5 years, 9 months ago

Thanks for the update. Sounds like the hangup was likely his intent when he broke in to her apartment. If the jury did not believe he broke in with the intent of harming her then their verdict would be not guilty. I could see the argument that once inside he "snapped" and therefore did not have intent upon entering. But could you not also argue that by remaining in the apartment without permission in order to beat her he then committed agg burglary? At some point the jury believed he intended to assault her so I'm curious why it does not then become burgulary since he remained to commit the assualt.

Finally what is different about aggrivated vs "regular" burglary

Statute 21-3715: Burglary. Burglary is knowingly and without authority entering into or remaining within any:

  (a)   Building, manufactured home, mobile home, tent or other structure which is a dwelling, with intent to commit a felony, theft or sexual battery therein;

  (b)   building, manufactured home, mobile home, tent or other structure which is not a dwelling, with intent to commit a felony, theft or sexual battery therein; or

  (c)   motor vehicle, aircraft, watercraft, railroad car or other means of conveyance of persons or property, with intent to commit a felony, theft or sexual battery therein.

  Burglary as described in subsection (a) is a severity level 7, person felony. Burglary as described in subsection (b) is a severity level 7, nonperson felony. Burglary as described in subsection (c) is a severity level 9, nonperson felony.

monkeyspunk 5 years, 9 months ago

@ebyrdstarr

Crap, I was reading that wrong. You set me straight, thank you.

Grundoon Luna 5 years, 9 months ago

You are a complete and total Troll, Loserguy 40. THat was the most idiotic statement I've read for months.

Class warfare my @$$. This guy had the best lawyer in the state and he couldn't get him acquitted.

Sounds like justice to me.

Somebody recommend this putz for anihilation, puh-lease

mdfraz 5 years, 9 months ago

monkeyspunk, are you looking at the drug grid maybe? I don't know where you are getting your numbers, but find the level of crime (level III or level IV, for instance), and read across the chart. To the far right is for low criminal history, to the left, highest criminal history. The numbers in the box represent mitigated, standard, and aggravated sentences in months.

So, for level IV, criminal history I, the range is 38-43 months. For crim. history A, it's 154 to 172 months. More than likely Jaeger has a minimal criminal history (I don't know for sure, but haven't heard anything to the contrary), so probably level III, history I would yield 55-61 months, if no upward durtaional departure is sought (which it very well could be given the facts of the case). That is the controlling sentence, so if the counts are run concurrent, that's the box to look to.

thelonious 5 years, 9 months ago

No reason, just speculating, haven't seen the sentencing guidelines. I do have a friend who used to work for a county prosecutor in a county in Missouri, and what I have seen is that folks with no priors tend not to get maximum sentences thrown at them. Also, remember, sentencing guidelines are only guidelines - judges are to use them as guidelines, and they do weigh very heavily, but judges do retain some discretion, that is why we have judges. In this case, Judge Fairchild could go heavy or light, based on things he knows or saw that we will never know. I do believe Jaeger will get some jail time - I am basically saying don't expect the maximum allowable sentence for someone with no priors.

nekansan 5 years, 9 months ago

I think I found it. It depends on there being another person in the building that the burglary occurred in. Correct?

monkeyspunk 5 years, 9 months ago

@mdfraz,

I was looking at the 1 person felony column for some reason, that is where I got those larger numbers.

thanks for the additional explanation.

mdfraz 5 years, 9 months ago

nekansan, the diff. in the burglary charges is whether there was a person inside the building at the time of the crime.

Maracas 5 years, 9 months ago

Some of you are way to wound up on the ag kidnapping to simple kidnapping charge. Ag battery is nothing to sneeze at. And the heinous nature of the battery itself has to have some effect.

Christine Pennewell Davis 5 years, 9 months ago

So how long on the appeal? you know they are going to.

mdfraz 5 years, 9 months ago

Yeah, nekansan, you got it.

Thelonious, look at the link for the sentencing guidelines; it should make a lot more sense then. If a person with no priors were to get the max sentence thrown at them, they would be looking at up to 247 months for the kidnapping charge, instead of the 55-61 we are discussing. Therefore, his lack of criminal history means he IS getting off lightly, if you want to look at it that way.

Statute says that judges "shall" (as opposed to "should" or "may") follow sentencing guidelines. If they step outside the box that represents the crime and criminal history, they have to have substantial and compelling reason to do so. As stated earlier, the judge COULD change the sentence to probation with the underlying prison sentence, he COULD lower the sentence length, or he COULD raise the sentence length. He needs to have good reasons to do any of those things. He is pretty much bound by the guidelines absent compelling reasons. So, more than likely, Jaeger WILL go to prison, and it will be for around five years or more, unless the counts are consecutive, which raises it up.

ebyrd, you made a good point that the criminal history only counts for the controlling crime; I didn't catch that til you mentioned it. Thanks. In this case though, if he's truly an I, it won't matter anyway.

mdfraz 5 years, 9 months ago

Maracas, way too hung up on it? It's the difference btw. a level 3 and a level 1 felony. Know the difference in sentence for a guy with no criminal history? About 100 months. I guess that's nothing, huh? Ag. battery is nothing to sneeze at, but in this case, it's only the SECOND most serious crime. So, even if you add up ag. battery and simple kidnapping, it wouldn't equal ag. kidnapping alone. Not a big deal though........

NutSack 5 years, 9 months ago

I'm looking forward to meeting you Jaeger!!!!!

private_eye 5 years, 9 months ago

Congratulations!! The victim told the truth and the truth prevailed!!! I am so darn proud of the prosecuting attorney I can hardly sit still. Give her a BIG FAT raise!! Pedro, you silly little old man, you should be ashamed of yourself for being paid to lie. Matt, you worthless POS....drop the soap or not, you will be owned!!! Again, congratulations little lady, when I see you I'll give you a great big hug!! Love ya!

sinverguenza 5 years, 9 months ago

I hope he doesn't have any trouble with "Bubba" down in prison. Sincerely, I don't. That kind of violence only begets more violence and does nothing to reform prisoners, which is what going to prison is really about unless you've been given a life sentence (in which case it's about keeping you the hell away from the rest of us). The idea that someone can take something from you that you can never get back is something I won't wish on this man.

I hope he has a long time to think about the consequences of taking being an a-hole to the most despicable degree, and I hope he uses some of that time to get some help - learn to respect his fellow human beings, learn that women are not property, learn that violence is wrong.

Generally doesn't ever happen in prison, but that's what I truly hope.

thelonious 5 years, 9 months ago

mdfraz -

Thanks, good info. Wow, he's in deeper doo than I realized. Just a hunch, but I expect a sentence on the lenient side, but based on your info, even that will probably mean substantial jail time. I have seen judges do some interesting things over the years, though.

krisellion 5 years, 9 months ago

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kneejerkreaction 5 years, 9 months ago

Yes, the judge would certainly take into account that he turned her vagina into ground meat. Lied about everything before & during the trial so he was a very uncooperative individual and tried to get off scott free.

There should be no "awwww poor Matthew can't spend his young life in prison". He needs the maximum months/years because this crime was brutal. I'm sorry there wasn't some kind of manslaughter/attempted murder charge.

Hurting someone that bad could just as easily have led to her death, so he clearly wasn't concerned about killing her. Maximum sentence for severely reduced charges.

I guess his lifelong childhool friend rolled on him to avoid accessory charges? And Mr. Dylan Jones who ran away and didn't even have the courtesy to call the cops and send them to the apartment gets the coward of the moment award.

Onlyifitsadryshelter 5 years, 9 months ago

This is the best news I've had all week!!!!!!! The b-tard is going to have to live with a bunch of men who'd love the opportunity to do the same thing to him that he did to that poor girl! LJW - Thank you soooooooo much for the continued up to date coverage on this trial! It's been really easy to follow the procedings!

MyName 5 years, 9 months ago

nekansan:

"But could you not also argue that by remaining in the apartment without permission in order to beat her he then committed burglary?"

Possibly, what I'm just saying it's not completely crazy that they would acquit on that charge since Jaeger may not have intended to commit a crime when he broke in, and may not have remained in the apartment if it weren't for the fit of jealousy. But the only way to completely understand their decision is to have read the judge's instructions and been part of the deliberations.

Jersey_Girl 5 years, 9 months ago

Just to be a pain the ass, I'd just like to say I TOLD YOU SO!!! I believed that the material that they were reviewing all pointed towards a conviction.

Now, to see if the prosecutor does ask that the sentancing excedes the usual Kansas statues for the crimes for which he was convicted (I don't remember the exact legal term for it). There was talk of them doing so before the trial started.

Danielle Brunin 5 years, 9 months ago

I know I'm going to get slammed for this comment, but I can't help but feel sorry for his parents. Don't get me wrong, I absolutely believe he's guilty and that they more than likely enabled this behavior to some degree. However, I can't imagine how it would feel to pour your heart and soul into a child, adopted or not, for all these years, and then have them turn out like this. But for the grace of god I go...

mdfraz 5 years, 9 months ago

thelonious, I'm not saying it can't happen, but that's the point of the guidelines; to lessen the discrepencies among sentences around the state. In fact, if the judge goes against the guideline box without sufficient reason, even the state could appeal the sentence. It's not ABSOLUTELY set in stone, but it's damn near.

It would be an absolute shock (and probably appealable error) if Jaeger does not go to prison, at least for some period of time.

Meryl Carver 5 years, 9 months ago

Frightwig,

So are you saying that people with money aren't entitled to constitutional protections? Or that defense attorneys can protect their clients, but only if they work for a pittance?

And what's the difference, please, between a public defender (who, after all, chooses to be a public defender knowing that he or she is going to have to defend some fairly unsavory people, and takes money to do so) and a private defense attorney?

Public or private--every defendant gets an attorney, and that attorney's job is to do the best he or she can (within the rules) for his or her client.

Seriously, think about what you're saying. "Anyone who thinks these guys care about the rights of abused women is sorely mistaken." I mean, (sarcasm warning) I'm sure he just goes home at night and throws parties when women get beaten up!

ebyrdstarr 5 years, 9 months ago

nekansan, the felonious intent has to be coincident with the lack of consent. So if he entered without consent, but then formed the intent to commit ag battery after he was already in, that doesn't get there.

This state has explicitly rejected what's known as "The California Rule" of burglary. The California Rule is that one never has consent to commit a felony inside someone else's home, ergo by committing a felony the defendant is remaining within without consent.

madman 5 years, 9 months ago

rodentgirl16-

I think it would be hard being a parent to a kid like that too. I can't imagine my kids doing that. However, I think it is okay to love your kid and know that are better off being locked up to protect other people.

Just because you love them and care for them doesn't mean you have to defend them. And, it doesn't mean it is their fault that he is the way he is.

MyName 5 years, 9 months ago

sinverguenza:

I hope he doesn't have any trouble with “Bubba” down in prison. Sincerely, I don't. That kind of violence only begets more violence and does nothing to reform prisoners...

I agree with you here and find those comments to be in very poor taste. That being said, these are the sorts of crimes that make people want to mete out a little corporal punishment. Which I think is the root of these comments.

ilovelucy 5 years, 9 months ago

His parents most likely contributed to his problems. Keep that in mind. Especially since he is adopted. Now don't get me wrong. I do have sympathy for the folks. But, many times parents will just hand their child money instead of doing what really needs to be done--LISTENING. I know someone who is adopted who always have made his parents feel guilty because he isn't their real flesh and blood.
That's all I'm saying.....

OldEnuf2BYurDad 5 years, 9 months ago

"I can't imagine how it would feel to pour your heart and soul into a child, adopted or not, for all these years, and then have them turn out like this."

Rodentgirl, most of us turn out the way we do because of how we are raised. Yes, it's a tragedy; but we really don't know if they really did pour their "heart and soul" into him or not. For all we know, the dad is weeping for himself. We really don't know.

kneejerkreaction 5 years, 9 months ago

A little corporal punishment. Some general pain. Right in the privates I'd say would be appropriate for jiu jitsu boy.

Frightwig 5 years, 9 months ago

Kublackbird, you may think it's okay to throw the victim under the bus during a trial for the sake of making a buck, but my conscience would never allow me to do that. If they truly thought that she fell on a bed rail, why did they talk about "her history with men" and the unfounded claim of marijuana use? Seriously, do you think that approach is admirable? You think it's okay to embarass the victim and prolong her suffering like that? She didn't do anything to deserve that. Oh wait, that's right..."the attorney was just doing his job." Wrong. The attacks on the victim's character were uncalled for.

bad_dog 5 years, 9 months ago

"And Mr. Dylan Jones who ran away and didn't even have the courtesy to call the cops and send them to the apartment gets the coward of the moment award."

kneejerk, I believe he ran several blocks to the home of the victim's brother for assistance. By that point (or shortly thereafter), I believe the victim's neighbors had already called 911.

StephanieD123 5 years, 9 months ago

Wonderful news! Great job Jurors and Nola Wright!! I hope the victim can heal to the best of her abilities and my prayers are with her hoping she can have some peace and happiness in her life! Thank you for the victims bravery, and ALL those involved in putting this criminal behind bars! Thank goodness for the brave neighbors that called 911!!!!

puddleglum 5 years, 9 months ago

where's marioni and the hung jury-posse at now?

Jersey_Girl 5 years, 9 months ago

mdfraz - did you skip my post? The prosecuter stated before the trial that if Jaeger is convicted, she intended to ask the judge to exceed the general guidelines for prison time for him. I believe that would be left up to a the jury and the fact that they choice to convict on simple kidnapping rather than aggrevated kidnapping makes me think that they may press for the regular sentancing guidelines rather than exceed them, but I can always hope!

newbee2 5 years, 9 months ago

My favorite picture

 Jerry Jaeger, the father of Matthew Jaeger, breaks into tears as Jurors on Thursday found his son guilty of three charges in connection with an assault on his former girlfriend. Jaeger was found guilty of kidnapping, aggravated battery and making a criminal threat. Jurors could not reach a verdict on a charge of aggravated burglary, and they found him guilty of simple kidnapping, rather than aggravated kidnapping.

Jerry Jaeger, the father of Matthew Jaeger, breaks into tears as Jurors on Thursday found his son guilty of three charges in connection with an assault on his former girlfriend. Jaeger was found guilty of kidnapping, aggravated battery and making a criminal threat. Jurors could not reach a verdict on a charge of aggravated burglary, and they found him guilty of simple kidnapping, rather than aggravated kidnapping. by Richard Gwin

Please Daddy Jaeger save your tears, you raised the little monster and probably are his example. WAAAAA!

Steve Jacob 5 years, 9 months ago

"Jaeger is convicted, she intended to ask the judge to exceed the general guidelines for prison time for him."

But that's a slippery slope I would imagine most judges will stay away from.

Boston_Corbett 5 years, 9 months ago

Now that conviction has occurred, I think we can all agree with the tragedy of this whole thing for all involved. Nobody is really happy. Nobody can really be made whole.

I kept picking up whiff's of stories around town which would suggest this is not the first time this young man has become enraged/angry to the detriment of his friends, resulting in interactions with law enforcement.

Although prior conduct and criminal history were not a part of this trial, I presume the state pre-sentencing investigation can fully include and consider any such issues and behaviors. And of course it appears that the defendants position shows no contrition; he has denied his conduct. I don't see the judge granting downward departures with these several circumstances

I would hope that he and his family face the mirror and now accept some level of responsibility, and deal with the problem, instead of blaming the system. Perhaps they already are. This kid previously might have benefited from some serious counseling/mental/medical assistance. Maybe he received some and it just didn't help.

Prison won't help him, in that respect. When he eventually leaves he could be a much more hardened angry person. Maybe a few years will smooth the hormones or maniac tendencies. Meanwhile, we Kansans will be supporting this Illinois citizen at about 35K/yr for 5+ years.

Congrats to Nola Wright, the prosecutor and her co-counsel. They did their job in a workman like manner will all sorts of backseat experts here like Marion and ksdivakat predicting doom and gloom. Handling Pedro-the-celebrity can sometimes be a challenge.

Jersey_Girl 5 years, 9 months ago

I only hold his parents partially responsible if they were socialites and spent more time hobnobbing than with their son. He would have been allowed to get with just about everything and probably forgiven anything out of guilt for neglecting him for their busy social schedule. Perhaps even had a few criminal activities hushed up and paid up. But some people are just bad apples.

Jersey_Girl 5 years, 9 months ago

And speaking of which, what happended to deerfield whoever who posted once telling us what a great guy Jaeger is and even gave a phone number for some fund-raising for Matthew, like he needed it.

Jim Williamson 5 years, 9 months ago

"Rodentgirl, most of us turn out the way we do because of how we are raised."

I'm going to disagree. There's no question he's a sociopath who was hardwired this way at birth. Combine the predisposition with just the right life experiences and you've got yourself an abuser of monumental proportion.

Some of us may be predisposed the same way, but if we don't have those same types of experiences, we may not become monsters like this kid.

I have no reason to think his adoptive parents didn't do their best. Even so, if the kid's full-goose bozo, they may never have had a chance.

newbee2 5 years, 9 months ago

I will never attend another public meeting where Irigonegaray is speaking on behalf of women's rights. He lost my respect by representing this animal. I know he did his "job", but he didn't have to accept the case.

igby 5 years, 9 months ago

Something don't add up!

Can the DA still retry him on the Agg. Burglary?

No decision on the agg. Burglary leaves me to question just how the jury came about coming too the conclusion of what they did on the following charges.

Does anyone else see the void I'm seeing here?

igby 5 years, 9 months ago

If the DA can still retry him on the AGG. Burglary, his appeal will be difficult and complicated.

igby 5 years, 9 months ago

I guess you could call this a Mexican "sling-shot".

HW 5 years, 9 months ago

By not coming to a decision on the ag. burglary charge, does that mean they can still deliberate on it because no decision has been made, or does that mean that the jury was hung on that one charge. I think it is the latter, but I just wanted to clarify that.

ThoughtPonderer 5 years, 9 months ago

Hallelujah on the verdict! My heart goes out to the victim. Regardless of the "character" the defense was trying to portray, under any circumstances she did not deserve the way she was treated. I pray she will be able to heal her emotional scars and move on with her life. Her courage is astounding.

kneejerkreaction 5 years, 9 months ago

If that was the mother next to the crying father, she was pretty stoic. And, I agree with the posts that stated the judge needs to be very careful about taking it easy on this putz. This case raised a lot of ire and if jaegger gets off on a reduced sentence, I can imagine said judge will not be revoted in. He won't get my vote.

kneejerkreaction 5 years, 9 months ago

That being said, Judge Fairchild did a good job, although (and maybe it wasn't his choice) it would have been good to see Jaegger in Jail the entire time he was waiting, not working in Chicago.

bearded_gnome 5 years, 9 months ago

*question: since he was convicted of simple Kidnapping, he cannot be retried for Ag-Kidnapping, right?


given the prosecution's statements about sentencing, I think they will vigorously oppose concurrent sentencing.
I'm looking more at 10-years for Jaeger to go away.

that will in reality wind up being 6-7 years unless he commits a crime while in jail.

I don't think he will cope very well being behind bars, especially given his anger problem and lack of self-control.


I agree the defense needs to be dedicated and intense. it is how our system works.

however, the "her history with men" the "lacking emotional intelligence," and generally slutting the victim out, I found deeply offensive.

other victims of domestic/sexual violence will see this and be more hesitant to come forward to report and prosecute the offenders.


George, "get a life" LOL. seriously, very good job coverage LJWorld! you've got some nonLJW twitters though showing up on the grid.

Put Jaeger in jail! yes.

wowzers 5 years, 9 months ago

Lawrenceguy, What does being black have to do with anything you moron? I don't think anyone on here holding any prejudices in regards to race in this case. Everyone knows he is a dirt bag that is guilty and deserves every bit of it.

Hope the other inmates find out what he's in 4...... Also what gang affiliaton is he going to join in prision?? jews are not treated very well in the pen. better keep that 1 a secret hahahh

ebyrdstarr 5 years, 9 months ago

Gnome, yes, he was acquitted of ag kidnapping. The state cannot retry him on that charge.

ralphralph 5 years, 9 months ago

Couple-a-thoughts ....

Verdicts: Can't see guilty on Agg Battery without being guilty of either Agg Burglary or Agg Kidnapping. If he caused great bodily harm, it's either: (1) he did it in the apartment, where he did not have authority to enter or remain, and where he either entered already having the intent to harm or where he remained and formed that intent, or (2) he did it in the course of the kidnapping. It seems it had to be one way or the other, and I guess I would lay it at the prosecutor's feet for not 'teaching' that point to the jury.

Sentence: The jury basically convicted him of two separate incidents: (1) a beating; followed by (2) a kidnapping. If they had thought the victim was harmed during the kidnapping, it would have been agg kidnapping; but they said simple kidnapping, so they had to have believed he already beat her before the kidnapping occurred (? didn't he drag her down the steps? Oh, sheesh! How can it not be Agg K/napping?). Anyways...... Because it was seen as two separate instances of crime - a beating and a subsequent kidnapping - it makes sense that the sentences would be imposed consecutively, and that he serve time for the beating, then serve more time for the subsequent kidnapping. That would still be less than the 12-year minimum he should be getting for an Agg Kidnapping.

Cait McKnelly 5 years, 9 months ago

I am glad this has been resolved. The entire story is a tragedy for everyone and everyone in this was a victim of some sort. The woman in this story is vindicated and I hope that she receives the help she needs to heal inside. But Jaeger, in a way, was a victim too. I'm NOT saying he shouldn't pay for what he did. He did the crime and he should do the time. But had he received the therapy he needed early on this very well would not have happened. Maybe even going back as far as the age of two and setting some limits. He has obviously been indulged, spoiled and bailed out of every scrape he ever got into. Being the victim of bad parenting is still being a victim and his parents are as much to blame for what happened as anyone. I'm not saying that kids don't make mistakes. I've bailed a couple of my kids out of jail (nothing violent. Not paying a traffic ticket, driving without insurance, that sort of thing.) But they also understood they had to learn from the experience and that I would do it once and only once. Neither one ever landed back there again. But this kind of violence...no one can tell me that the clue phone wasn't ringing for the parents long before this ever happened. Considering their daughter's testimony at the trial it's pretty obvious the entire family is dysfunctional.

wowzers 5 years, 9 months ago

I am wondering, if he appeals, is there a chance he can be found gulty of the harsher crimes? agg kidnapping instead of kidnapping?

MyName 5 years, 9 months ago

Aggravated kidnapping is basically beating someone up while kidnapping them. I think the jury decided that the battery occurred before the kidnapping. And since they've reached their decision already he can't be tried again on that.

Aggravated burglary is burglary while someone is in the house. If the jury had decided he was guilty of burglary then it probably would have been aggravated burglary, but they decided he didn't break in with intent to do a crime (and Double jeopardy prevents him being tried again for this).

ebyrdstarr 5 years, 9 months ago

He cannot be retried on ag kidnapping as the jury inherently acquitted him of that by convicting him on the lesser included offense of kidnapping.

He can, however, be retried on the ag burglary because the jury did not reach a verdict on that count. A hung jury results in a mistrial on that charge, so double jeopardy does not bar a retrial.

Ralphralph wrote:

"Verdicts: Can't see guilty on Agg Battery without being guilty of either Agg Burglary or Agg Kidnapping. If he caused great bodily harm, it's either: (1) he did it in the apartment, where he did not have authority to enter or remain, and where he either entered already having the intent to harm or where he remained and formed that intent,"

As I already explained, remaining and forming the intent after he has already broken in is not burglary. To be guilty, a defendant must possess the felonious intent at the moment that he enters without consent or remains within without consent. For the remain within variety, there must be an explicit withdrawal of consent.

mdfraz 5 years, 9 months ago

Jersey, no I didn't see your post, but the jury doesn't do sentencing. They are done with their job, and now it's up to the judge to impose sentence. If the prosecution asks for durational departures upward, there will have to be substantial and compelling evidence to grant that request. Likewise if the defense makes similar motions downward. The jury has no say.

Gnome, if he was acquitted on the agg. burglary charge, then he cannot be retried. If it was a hung jury, he can be I believe. By being convicted of simple kidnapping, the state is barred from trying agg. kidnapping again. If he wins an appeal and it's remanded for a new trial, all bets are off and he could be retried on any of these charges, or even amended charges of some sort.

Ralph, I was a bit confused on the simple vs. agg. kidnapping verdict as well, but my guess is that they determined the injury occurred before the kidnapping. As for dragging her down the stairs, well..........it's possible they didn't believe that happened or that she wasn't injured during that act. Who knows for sure.

As tasteless and disgusting as it might be to try to portray the victim in a poor light, the defense was trying to impeach her credibility since she testified, which they have a right to do. This is one of the reasons I would have an extremely difficult time being a defense attorney. It was part of their job to present the most vigorous defense they could, and impeaching her (or attempting to) was part of that. If they can get the jury to doubt her credibility, then maybe Jaeger doesn't get convicted. That's their job. This sounds callous, but Pedro and pals weren't there to make friends; they were there to do a job. You don't have to like it, but that's exactly what they were supposed to do.

Satirical 5 years, 9 months ago

Question for the crowd: Do you think justice in this case requires punishment, or simply rehabilitation?

ebyrdstarr 5 years, 9 months ago

Actually, md, if the state does pursue the aggravated sentencing, which they gave notice of, the jury is not done. In that situation, the state would have to prove a statutory aggravating factor to a jury beyond a reasonable doubt. If a jury finds an aggravator brd, then the judge can impose an upward durational departure sentence. From that point on, sentencing would be up to the judge.

I haven't seen anything today about the state requesting that penalty phase of a trial.

mdfraz 5 years, 9 months ago

I stand corrected Jersey, regarding the jury's role in sentencing. I forgot that to enhance the sentence it would need to be proven beyond a reasonable doubt because of a US Sup. Ct. case a few years ago (Apprendi? there was another one after that too......). My mistake.

GreatAmericanZero 5 years, 9 months ago

Too bad he can't be convicted for lying on the stand.

monkeyspunk 5 years, 9 months ago

Ugh, I hate being so ignorant of these things.

I think he should have gotten agg kidnapping because he restrained her to the point she was unable to flee and passed out. That should cover this part of the law, KSA 21-3420:

"Kidnapping is the taking or confining of any person, accomplished by force,"

He then proceeded to beat her, that should cover section (c):

"(c) to inflict bodily injury or to terrorize the victim or another"

as well as the requirement laid out in the agg battery statute:

"when bodily harm is inflicted upon the person kidnapped. "

Am I wrong, or did the jury drop the ball on the kidnapping charge?

igby 5 years, 9 months ago

So, if the DA decides to retry him on the Agg. Burglary, he will have to get two bonds. One for the appeal and then one for the Agg. Burglary, to be back out on the streets. This could get very complicated. The jury really hung him good by not deciding on the Agg. Burglary charge. The appeal could also be affect by a retry on the Agg. Burglary, by the DA. The jury hung him real good and bad too. I've never seen such a dirty jury before. They must of had the devil giving them advice in their deliberations. Dam!

notjustastudent 5 years, 9 months ago

Phogfan, I think you just proved the oposite of your own opinion. It is true that most of us are not born/hardwired sociopaths, but of those that are, some turn out bad like he did, and as you said, it is a result of the right life experiences. Very few life experiences are not a result of who raised us, considering parents determine the majority of the exposure to anything life has to offer. So a born sociopath turns into an adult sociopath based on life experiences aka how they were raised. You disagree with yourself...

Kneejerk- I'd love to see what you would do if two drunk angry men break into the place you're at in the middle of the night. I'm sure you'd know exactly what to do, since most places don't have landline phones nowadays and your cell is permanently velcroed to your body, and you are trained to react perfectly in frightening situations. Then again, you named yourself what you did for a reason, I guess...

Newbee2- that's great that you will choose when it is convenient and ok for you to fight for womens rights because of one person involved. Thanks, you're really inspiring! But seriously- if you believe that every person that has ever fought for a cause did so because they whole heartedly believed in it, and for no other agenda, or if all the people who disagreed with eachother refused to work together, than you'd be surprised by how far behind and minimal many, many causes would still be. If he's not that person who fights with his heart, Y.O.U be that person.

igby 5 years, 9 months ago

You posters should not be so hard on his parents. I've known first hand several people that were adopted and one was an ex-girl friend. They are a troubled group sometimes and the parents are sometimes the last to know just how bad they can be. The parents gave them unconditional love and support and a lot of doctors no doubt told them to tell the kid early on that they were adopted and don't lie to them. I wonder about this policy because it does cause a syndrome of anger and out right madness in the child that I have witnessed firsthand. The Jaeger's may be wealthy, but you have to work for wealth and it's not handed to everyone. I feel sorry for them in their situation with their son. Yes, he may have been spoiled but aren't you all spoiled to a degree. Adopted kids are sometime more pron to drug and drinking problems and also pent-up anger even they don't understand. You should consider this and lighten up on his parents a little.

SofaKing 5 years, 9 months ago

Alas, the ketchup defense did not work.

mdfraz 5 years, 9 months ago

spunk, all we can figure is that the jury figured that the beating took place before he restrained her. Other than that, I don't know what they were thinking. I wasn't there to see and hear all the evidence; they were. Either way, I'm sure it was a very difficult few weeks for them, and with the time and effort they put in, they are to be commended, not second guessed. I am as guilty as anyone for doing that, but if any of the jurors read this, thanks for your service on a very difficult and long case.

MyName 5 years, 9 months ago

I think the kidnapping charge was related to the trip in the car, not the restraint he used (which was also illegal). Otherwise you'd be in a situation where the victim was kidnapped for less than 5 minutes, which doesn't really make sense with the way most people would interpret the law.

justthefacts 5 years, 9 months ago

Whoa everyone. Pedro (who - like him or love, hate him or don't care - is a very talented attorney) has said he will appeal. And he will. And God knows what an appeals court will do with this case. So it's not over by a long shot. The only good thing is that it appears this rat turd will be in jail while his appeal is pending. One can only speculate on what made him turn into such an abuser. But his parents not believing anyone or anything that says they're special boy is a beast sort of points to dellusion on their part. Responsible adults are usually created by parents who insist their kids not hide from the facts and the direct result of their conduct. This pampered rich boy tried to kill this woman. He deserves worse then the criminal system can give him.

justoneperson 5 years, 9 months ago

Two Cents on Nature/Nurture: In a conversation earlier this year (oddly about adoption and personality of the child), it was stated to me that adolecents have been found to follow their genetic behavioral traits up to their 20s or so (as opposed to the environmental factors). This also made me think to the twins studies, where two identical twins, adopted and seperated at birth, ended up pursuing highly simialr lives and careers yet hundreds of miles apart with no knoweldge of the others life (was this a PBS show a few years back?). Anyway, a quick google search, if you're interested (there are academic articles on the subject, not publicly available on the web):

http://www.personalityresearch.org/papers/jones.html

http://www.libraryindex.com/pages/2236/Genetics-Environment-HOW-DO-GENES-INFLUENCE-BEHAVIORAND-ATTITUDES.html

justoneperson 5 years, 9 months ago

If you look, they both matter. Oblivion or delusion? Maybe (life is easier to live with either), but perhaps they are so upset because they are beginning to wonder where they went wrong? And what they could've done differently. Or, maybe they still are oblivious/delusional.

KS 5 years, 9 months ago

Amaxing. For days this was a front page internet story on the LJW. Now it hit a lot lower. Thank goodness this thing is over.

Sigmund 5 years, 9 months ago

As to sentencing, and as I mentioned before, the prosecution is asking for an upward departure at sentencing. So concurrent sentence with a upward departure could have the same impact as consecutive sentencing following the guidelines. Most importantly almost everything whether or not admissible at trial can be considered including psychological testing and other accusations that are unproven.

"Judge hears motions in assault case against former KU student," By Janet Reid, June 17, 2009, 10:58 a.m. Updated June 17, 2009, 4:32 p.m., LJworld Online. http://www2.ljworld.com/news/2009/jun...

"The attorney general’s office has also taken the unusual step of filing a motion asking the judge to impose a harsher sentence if there is a conviction in the case."

"It’s a request Judge Robert Fairchild has never heard before in his courtroom."

"Prosecutors are arguing that due to the excessive brutality of the crime, Jaeger deserves a longer sentence than allowed by Kansas sentencing guidelines."

"It’s an issue that would have to be decided by jurors, similar to a capital murder case."

"Fairchild said he’ll make the decision on whether to allow jurors to consider imposing an upward departure, after listening to all evidence in the case."

myvotecounts 5 years, 9 months ago

Pedro's comment, "We thought that the scientific evidence that we introduced was sufficient to create a reasonable doubt on all counts,” speaks volumes. It is such a far cry from any attempt to proclaim, "My client is innocent." I take it as an acknowledgment that Pedro knows exactly what his client is, but merely thought he himself to be a good enough trial lawyer to throw the jury off. I'm relieved for the victim that Jaeger was convicted.

KEITHMILES05 5 years, 9 months ago

I am sure dude will have his privates touched in prison. He better be ready.

Munsoned 5 years, 9 months ago

Right or wrong, I DO wish the worst for Jaeger in prison. I am a human being with a lot of faults, this included. But, i think my fire is flamed by the fact that Jaeger accepts no responsibility for this. Instead of sitting there watching his attorneys be the bad guys for him, he took the stand and made the decision to deny his actions and lie under oath. His attorneys never took an oath of honesty, but he did. And this premeditated decision is worse than his actions that night-- he can't blame that on an alcohol/drug fueled fit of jealousy. He CHOSE this. I CHOOSE to wish the worst for him--- I know it is wrong, but that is my explanation to those of you who are better than me.

StephanieD123 5 years, 9 months ago

I hope the victim sues the pants off Jaeger in civil court!!!

Bassetlover 5 years, 9 months ago

Igby----I so agree! None of us know what type of upbringing he had so it's very unfair to throw his parents in the fire along with him. Any parent with financial resources will pull out all the stops to help defend their child. I know many terrific parents who ended up with a kid who went totally against a solid upbringing. And vice versa as well.....crappy parents who had kids who were able to transcend their upbringings to become decent adults. I think MJ is simply a Bad Seed.

mdfraz 5 years, 9 months ago

Sigmund, the end of the article today said that Fairchild won't entertain the idea of an enhanced sentence after hearing the evidence.

Myvote, Pedro doesn't have to say his client is innocent; his job is to introduce a little bit more than reasonable doubt. The defense does not have to do anything in a criminal case; they could sit there and never present any evidence or cross any of the prosecution's witnesses, and still possibly get an acquittal. The entire burden is on the prosecution, as it should be. That way, if/when there is a conviction, we can be confident that there was ample evidence to know that the defendant actually committed the crime.

myvotecounts 5 years, 9 months ago

mdfraz, I know that. Pedro--knowing there will be an appeal where once again the defense will pull out all stops--could have done what defense lawyers often do in high profile cases, and that is publicly proclaim his client's innocence to the media, along with his "expectation" that all will be made right in the appeal. He did not do that. To me, that speaks volumes. It sounded like the best he ever hoped to do was throw the jury off, or hopefully score enough points with the jury to get convictions on just the lesser charges--to reduce the number of years his client would end up serving.

Jonathan Becker 5 years, 9 months ago

He will be sentenced to 55-61 months as the base sentence on the kidnapping charge. The sentencing guidelines (prepared by your bought and paid for Legislature) require concurrent sentencing. Consecutive sentencing is only available in limited circumstances and none of the factors that the bought and paid for Legislature mandated are present.

On a more serious note :-), will the Lawrence Chamber of Commerce name Matthew Jaeger as Citizen of the Year for bringing so much investment to Lawrence? He brought far more than the City or County Commission did this year. He brought $85,000 in cash for his bond and his attorney fees. The experts he brought in to testify on his behalf spent money in hotels and restaurants locally. Now they talk about an appeal. More attorney fees, more taxes to the state of Kansas. He will have to pay the court reporters for transcripts, and lots of paper for copies of appeals. And all of this done without tax abatements! We could get one of our trophy stores to make a special award (More $$). I would suggest a nice fake gold plastic award with a turd on top. We could send it to him in prison and the Dept. of Corrections would deliver it to him when he is released.

ebyrdstarr 5 years, 9 months ago

slowponder, that is not correct that the guidelines require concurrent sentencing. It is totally within the discretion of the judge whether to run the sentences concurrently or consecutively.

ProfessorSeamus 5 years, 9 months ago

mdfraz and ebyrdstarr have done a great job explaining the legal issues, so I have not felt I had much to add while the case was ongoing. But now I am going to go ahead and add my two cents worth (which will be, quite probably, of less value than that).

First, I think mdfraz was incorrect when he/she said that if Jaeger wins a new trial all bets are off and he could be retried on any of these charges. The aggravated kidnapping charge is gone, even if he wins a new trial. Jeopardy has attached with the seating of this jury and they found him not guilty of this charge (by way of convicting him of the lesser included offense). Once a jury acquits a defnedant of the charge it cannot come back. Additionally, I don't think amended charges could be brought based on the same facts - I am not positive about this one, but I think that again jeopardy attached and the state cannot try him for anything they did not originally charge based on this incident. (Of course, this prohibition would not preclude Federal charges - ala the Rodney King case - based on the dual sovereignty exception to double jeopardy, but that is unlikely).

Next, munkeyspunk asked about the why the fact he restrained her to the point she passed out was not enough for the aggravated kidnapping charge. Kansas kidnapping case law is very convoluted, or at elast it was when I was doing criminal defense work a few years ago. Essentially, the kidnapping has to be separate from the underlying crime - so the rear naked choke could not be kidnapping because it was also the aggravated battery. As a result, the kidnapping would have to based on a separate incident - dragging her down the stairs and into the car, for example.

Finally, I do not know the answer to this question, but I wonder if these felonies can be used as part of Jaeger's criminal history if he is retried (and convicted) for the aggravated burglary. I do know that the general rule is that the conviction has to be prior to sentencing, not necessarily prior to the crime. For example, if you are charged with burglarly on July 31, and separate burglary on August 1, each case can be a prior felony for sentencing purposes in the other case. (This presumes the state files two separate cases, and you plead guilty to both, or are convicted of both, prior to sentencing in either). It never made sense to me but that was the rule. So, if that rule applies here (and I am not sure since this would be the same set of facts) Jaeger's criminal history would include multiple person felonies if he was convicted on the agg. burglary, and that sentence might be longer than the kidnapping sentence here. I don't know the answer, but I would be curious to hear if anyone does know.

mdfraz 5 years, 9 months ago

Yeah slow, if you read the statute is completely the judge's discretion on concurrent/consecutive. Maybe your bought and paid for legislators told you otherwise.

mdfraz 5 years, 9 months ago

Seamus, I think you are probably correct in pointing out my mistake on the agg. kidnapping case. I believe he was implicitly acquitted, and I believe that you are right that he cannot face charges for that again. So that's two mistakes for the day. Whoops.

ebyrdstarr 5 years, 9 months ago

Seamus, that is one Machiavellian suggestion on sentencing if he's subsequently convicted of ag burglary. But, I can't imagine that would fly. I don't know that there's a case saying so, but that's probably because no one would ever try that. The ag burglary count is on the same complaint and compulsory joinder would prohibit separating it for sentencing purposes. So, no, it couldn't be treated as a solitary conviction allowing today's convictions to count towards criminal history.

ProfessorSeamus 5 years, 9 months ago

ebyrd - I totally agree that it shouldn't work. I just know the sentencing guidelines are screwy on what a "prior" conviction means. But I suspect your analysis is correct. I just think it would be ironic if somehow the hung jury on that count actually hurt him in the long run.

Sigmund 5 years, 9 months ago

mdfraz (Anonymous) says… "Sigmund, the end of the article today said that Fairchild won't entertain the idea of an enhanced sentence after hearing the evidence."

Wow, obviously I missed that completely. Does anyone know what Fairchild's reasoning was, did he give legal basis for the decision? I take it that the only possibility for a upward departure was on a jury finding of what? Is it the same for a downward departure? What are the standards?

ebyrdstarr 5 years, 9 months ago

There are only a few statutory aggravating factors (8, I think?). They are very specific and it was hard to see how this case was going to fit into any of them. Only one could even possibly fit, that the crime was excessively brutal. I know a lot of people on this board don't want to read this, but this case really isn't much more brutal than other kidnappings and aggravated batteries. Yes, this victim suffered tremendous pain and suffering, but so do other victims of kidnapping/ag battery. I suspect this is why Fairchild wanted to hear the evidence first before deciding if it should proceed to a penalty trial.

Downward departures do not require any findings by a jury. Juries only have to make findings to set the upper limits of sentences, not the lower limits. Mitigating factors are not limited to what's listed in the statute, so they can be any reason the defense can think of. They do have to be substantial and compelling and supported by substantial, competent evidence.

bearded_gnome 5 years, 9 months ago

Mdfraz and Ebyrdstarr, thank you both for your legal insight. and, for answering my question.


cait48, psychotherapy doesn't solve everything, and if someone is a sociopath, that's a very hard nut to crack (pardon the pun).

about Jaeger being an adopted son, there was no hint of anything close to a 'not guilty by reason of insanity' plea considered! and, no evidence suggested it.
so, whether he was or was not adopted, I really don't care.
he knew what he was doing was wrong. he did not have an irresistable urge to commit these crimes.
*he was not delusional/hallucinating and thought he was assaulting/kidnapping a watermelon, for example

so, whether he was adopted, I really don't care.

he obviously does have impulse control and anger issues. as I mentioned, they spell big trouble for Jaeger in the Bighouse!

kusp8 5 years, 9 months ago

can somebody message me how the prosecution can retry him on the count of aggravated burglary and double jeopardy not apply?

Also, I'm glad Justice was served!!!!!!!

dwai 5 years, 9 months ago

Yaya! Guilty!!
...He never should have been able to walk around like a normal citizen for as long as he had.

I knew this guy in college, and recall hearing about this terrible night. He was always a quiet, weird guy. I find it hard to believe that his actions were due to a blinding rush of emotions. I believe Drugs, alcohol, and demonic thoughts—not passion in the sense of love—ultimately caused him to attack the poor girl. This story should open our eyes; this is an extreme example of abuse, but we must work together to create avenues where victims in such relationships can escape their tormentors... we must protect/save each other. If you know of anyone in an abusive, unhealthy relationship help him or her escape. It’s apparent his victim was trying to cut ties with him, and I applaud her courage.

My prayers go out to his victim, and her family.

kugrad2009 5 years, 9 months ago

Slowponder says:

"On a more serious note :-), will the Lawrence Chamber of Commerce name Matthew Jaeger as Citizen of the Year for bringing so much investment to Lawrence? He brought far more than the City or County Commission did this year. He brought $85,000 in cash for his bond and his attorney fees. The experts he brought in to testify on his behalf spent money in hotels and restaurants locally. Now they talk about an appeal. More attorney fees, more taxes to the state of Kansas. He will have to pay the court reporters for transcripts, and lots of paper for copies of appeals. And all of this done without tax abatements! We could get one of our trophy stores to make a special award (More $$). I would suggest a nice fake gold plastic award with a turd on top. We could send it to him in prison and the Dept. of Corrections would deliver it to him when he is released."

Wrong. This kid is going to cost the state $37k/yr. to sit in Lansing. If he gets a long sentence, or even the minimum he can receive, the state may break even. If this were any other joe schmoe without a rich daddy, the state would lose a lot of money off of him sitting in jail. And for the attorney fees, Pedro will rake in the money, not the state.

asbury 5 years, 9 months ago

StephD123----Great idea for the victim!! Rich parents mean a civil suit would probably pay off well----at least financially----it's worth something.....

newbee2 5 years, 9 months ago

Makes me sick to read posts by people defending Mr. and Mrs. Jaeger. I don't care if Matt was adopted, it is no excuse. I know alot of adopted people who are not monsters, abusers, freakshows. It is how you are raised, period. They knew what they had on their hands and sent him out of state to go to college to wash their hands of him, probably. They are a symptom of Matt's underlying problems, inablers to a fault. I think they are responsible for what kind of person he has turned into, IMHO.

motocross 5 years, 9 months ago

Jaeger "Please Bubba NOOO!!!!!"

Bubba "Drop them Drawwwwwssss lil boy!!!!

Justice prevails, I hope he gets everything and more in prison. Think about what that poor girl went through... It's funny how he thinks he's tough beating on a girl, just wait...just wait.... Everyone in prison will find out what he's in for.....

Yahooooo!!!

appleaday 5 years, 9 months ago

Would Pedro have hugged the prosecuting attorney if it had been a man?

tanaumaga 5 years, 9 months ago

put his genitals on the chopping block and call it even.

jayhawks71 5 years, 9 months ago

Chuck, I'm not a lawyer, but I believe he can be re-tried because there was "final judgment." He was not acquitted--necessary for double jeopardy to come into play--and therefore he can be tried again. Again, I'm not a lawyer, but this is my understanding of the concept.

To support this, a quote from Justice Potter Stewart in a case from 1970..."[Double Jeopardy] protects a man who has been acquitted from having to run the gauntlet a second time."

jayhawks71 5 years, 9 months ago

Sorry, that should read "because there was NO final judgment."

Grundoon Luna 5 years, 9 months ago

This comment was removed by the site staff for violation of the usage agreement.

thebigspoon 5 years, 9 months ago

Douglas county : 2 Pedro : 0 !!!!!!!!!!!!!!!

Todd Hiatt 5 years, 9 months ago

"Would Pedro have hugged the prosecuting attorney if it had been a man?"

Yep.

Bob_Keeshan 5 years, 9 months ago

Someday, Jaeger's mommy and daddy are going to realize all the money in the world isn't going to erase what their son did.

Until then, I guess they'll just keep contributing to Pedro's new vacation home. In the end, they'll find that money would have better been donated to shelters for battered women.

Plus, that's tax deductible!

StephanieD123 5 years, 9 months ago

Can somebody explaine why he was only charged with simple kidnapping? He dragged an injured woman down stairs by her hair. That doesn't sound simple to me. People have been taken out of burning buildings in a more humane manner.

Sunlover 5 years, 9 months ago

"Would Pedro have hugged the prosecuting attorney if it had been a man?"

Ditto jthiatt - yes, he would.

nekansan 5 years, 9 months ago

He was charged with aggravated kidnapping for the very reason you ask. The jury convicted him of the lesser included charge of "regular" kidnapping. If I had to guess the forensic evidence made at least part of the jury have reasonable doubt as to the injuries inflicted in the act of kidnapping her. The defense placed a lot of emphasis on the blood drops on the stairs with their expert testifying that since there was no smearing of the blood drops that was an indication there was no struggle during the kidnapping. And the victim's own testimony was she regained consciousness after he choked her out and was already badly injured. So unfortunately there was not a lot of testimony that she suffered further injuries while he was actually in the act of kidnapping her. There were neighbors that said they saw Jeager pulled her hair going down the steps, but apparently that was not sufficient for the conviction on the heightened charge.

Carrol testified for the prosecution so likely has made an deal with prosecutors. I assume if he did not live up to his agreement then we may see charges filed.

Jim Williamson 5 years, 9 months ago

"So a born sociopath turns into an adult sociopath based on life experiences aka how they were raised. You disagree with yourself..."

I had an awful lot of life experiences outside of those in my home and those I had with the people who raised me. That's not disagreement at all. If a kid has wonderful parents but is systematically physically and sexually abused for years by, say, a teacher or coach, can't they become a sociopath, too? If a person is predisposed, I don't care who the experiences happens with.

Now, if you're saying those bad experiences with coaches, teachers, etc., are part of how you're "raised," then I suppose we agree, but I never looked at people outside of my immediate family as "raising" me.

working_momma 5 years, 9 months ago

Seems as though the town of Lawrence is engaged in one big happy dance. Satirical poses an interesting question, punishment vs. rehab, I vote for a little of both. Enought punishment to leave a very vivid imprint in his pee brain that what he did was inexcusably WRONG and some rehab to break the spoiled white boy from Chicago right out of him.

ralphralph 5 years, 9 months ago

I'd have to think the driver cut a deal, but who knows. If he did, the prosecution would usually want to bring it up, so the defense wouldn't be able to do so, with attendant drama. As to the defense not bringing it up, if there was a deal, it could be their judgment that his response, if asked about the deal, would be something like this: "The deal is that if I tell the truth, I won't be charged; but if I lie, then I'm going to prison; therefore, I'm telling the truth so I won't go to prison." Not much hay to make from that.

nekansan 5 years, 9 months ago

Perhaps there was no "Deal" just a knowledge on Carrol's part that prosecutors had shown discretion by not charging him and that if he failed to testify truthfully he might then face charges just like Jeager.

misslawrence 5 years, 9 months ago

YAY Judge Fairchild.,,.and Nola and the rest of the Prosecuting team,Juror's,etc,.,.,.,..,Great Job!

John Hamm 5 years, 9 months ago

"Fairchild dismissed the jury after the verdict was announced. Sources said Fairchild denied the prosecution’s motion for the harsher sentence after he heard all of the state’s evidence in the case."

That worries me. Since the Jury has to decide on a "harsher" punishment and the judge dismissed them it seems to imply this guy's gonna get the minimum............ 4 years.

mdfraz 5 years, 9 months ago

Bonly, the aggravating factors that would have to be proven to a jury beyond a reasonable doubt are very specific. If the state can't prove at least one of them, then the judge CANNOT sentence to a higher sentence than the presumptive box in the guidelines. ebyrd's post at 11:49 pm explains more. The reason the jury would have been involved is b/c of a US Sup. Ct. case a few years back that says any punishment in excess of the standard must be proven to the jury. The jury just determines if one of the aggravating factors was present; they don't then determine the actual sentence (if I'm wrong on that Seamus or ebyrd, correct me). Point is, apparently Fairchild saw nothing in the evidence to indicate that one of the factors could have been proven. It does NOT mean that Fairchild can't or won't sentence on the high end of the box or that he won't run the counts consecutive to each other, which is within the judge's discretion. I wouldn't read too much into his decision.

The ag. burglary charge was not a conviction or an acquittal; there was no verdict rendered, so the state COULD try him again. However, I'm guessing they won't because 1) the kidnapping charge has a higher sentence anyway, and 2) if the state couldn't prove that he had intent to commit a theft, sexual battery or felony at the time he entered in the first trial, I doubt they will have a much stronger case for it the second time around. Without being a part of the DA's team, that's just speculation on my part.

jonas_opines 5 years, 9 months ago

Wow, Lawrenceguy40, you're going for new lows in your trollishness, it seems.

cjr 5 years, 9 months ago

It's tempting to wish all kinds of horrific violations of Jaeger while he's in the poke, yet keep in mind that it will be "all her fault" why he's in prison in the first place (channeling his probable reasoning). He was angry enough that she would not return calls and was with another man, I cannot imagine the anger at having spent 4 years in jail with a sore bum and on the opposite side of his dominance preference.

Regarding enhanced sentencing because of excessive brutality, ebyrdstarr makes sense, yet I don 't know if the significance of the body part alters brutality as it applies to battery (would it have been different if Bobbit clipped a pinky versus a winky? or if an aggressor purposely targets a violinist's hands versus kneecaps).

I am happy there is a temporary reprieve, yet will be saddened if there is a messy, complicated appeal.

wowzers 5 years, 9 months ago

cjr, What do you mean its "all her fault" whats wrong with you. He did the crime now its time to pay the time. It is not her fault he is a sociopath freak. This is your first comment, so I suspect you are family or a loser friend of his. By the way 4 yrs is the min amt of time he faces, he will more than likey get 6-10. So put that in your pipe and smoke it. Maybe I misunderstood your posting, but if you are blaming this on the francie, you are a worthless excuse for a human being.

Reuben Turner 5 years, 9 months ago

yeah for serious; he needs a whole bunch of time. they need to place him in with some prisoners that will let him see what it feels like to be done wrong.

jonas_opines 5 years, 9 months ago

Wowzers, I think he was referring to Jaeger's perspective, and who he'd place blame on, not saying the girl was to blame.

cjr 5 years, 9 months ago

wowsers- thank you for clarifying! I would never defend that kind of behavior and am apalled by blame-the-victim defenses.

Absolutely - I was speaking of HIS perspective (I mentioned so in parenths). I am impressed with her poise through this trial and ashamed we live in a world where this kind of crime is capable of being committed. He seems to be a monster and I hope his parents realize that continuing to try to rescue him via appeals, etc. is in no one's interest.

workinghard 5 years, 9 months ago

Ran across some interesting comments made in 2007 from people around Chicago when this first happened. Hope this link works http://www.topix.com/forum/city/lawrence-ks/T1T9AGU9QNKHR3UH7

workinghard 5 years, 9 months ago

OK that didn't work. Do a google search for "topix student accused in horrific attack"

MeAndFannieLou 5 years, 9 months ago

So when is Matthew going to be sentenced?

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