Archive for Thursday, February 11, 2010

Judge denies new trial for Jaeger

Attorney: Juror was forced out because he believed defendant was not guilty

A Douglas County judge refused to grant a new trial for a former Kansas University student convicted in a brutal attack on his ex-girlfriend in 2007.

February 11, 2010, 5:51 p.m. Updated February 12, 2010, 12:00 a.m.

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Matthew Jaeger: Guilty Verdict

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

A Douglas County judge on Thursday declined to grant a new trial for a former Kansas University student convicted in a brutal attack on his ex-girlfriend in 2007.

Matthew Jaeger was back in a Douglas County courtroom Thursday, where his attorney argued his client was denied his right to a fair trial.

“A new trial is required if it is in the interest of justice,” defense attorney Pedro Irigonegaray told the judge. “The overwhelming facts mandate that in the interest of justice a new trial be granted.”

Jaeger was convicted of kidnapping, aggravated battery and making a criminal threat in August, but not before a juror was dismissed for misconduct.

The juror was removed after admitting he conducted his own investigation, re-enacting the defense theory that the victim, who suffered serious injuries to her external vaginal area, was injured when she fell on a bed rail.

Irigonegaray argued that the juror was the only one who believed Jaeger was not guilty and that the other jurors forced him out so they could reach a verdict.

“There is certainly evidence from which to conclude that the 11 had decided to shove (the juror in question) out of the boat,” Irigonegaray argued in his motion for a new trial. “The facts demonstrate that the 11 found a way to resolve the deadlock.”

Judge Robert Fairchild said the situation was handled correctly and did not have an impact on the remaining jurors.

The defense also claims there were several other reasons for a new trial, including insufficient evidence presented during the trial to convict Jaeger.

Irigonegaray told the judge, not once during the trial did the prosecution present any evidence proving that Jaeger caused the victim’s injuries, nor that he took her by force from her apartment.

“There are a lot of red flags here,” Irigonegaray said. “Red flags that indicate the evidence is not beyond a reasonable doubt.”

The defense claims the judge made errors during the trial by dismissing several jurors outside the presence of the defendant. Three jurors were dismissed when Jaeger wasn’t present, but prosecutor Jason Hart argued that occurred as the jurors were being assembled, not during the jury selection phase of the trial.

The judge disagreed with all but one of the issues raised by the defense.

Fairchild said he wanted more time to review court transcripts before ruling on the defense argument that they were improperly restricted from fully questioning the victim relating to her credibility.

Fairchild will make a written ruling on that issue.

Jaeger remains in custody in the Douglas County Jail awaiting sentencing. He could spend more than four years in prison.

Comments

ralphralph 5 years, 3 months ago

Pedro has a new client who needs his time and attention. Leave this one decided and slam the cell door.

Richard Payton 5 years, 3 months ago

Judge Fairchild Rocks! Send this spoiled brat to jail where he belongs or maybe the state mental hospital for the criminally insane.

GmaD321 5 years, 3 months ago

Let the little SOB rot in a jail cell. It's a great day when $ doesn't influence justice.

Danimal 5 years, 3 months ago

Excellent work Judge Fairchild. Four years doesn't seem long enough for the savagery involved in the attack though.

Steve Miller 5 years, 3 months ago

maybe bubba will look him up during his visit...

GmaD321 5 years, 3 months ago

Yeah, he could be a real bad a$$ to a girl but will probably scream like a little girl when he gets to prison.

Calliope877 5 years, 3 months ago

GOOD! Justice has definitely been served!

somebodynew 5 years, 3 months ago

No Calliope877, JUSTICE won't be served until they move this PO* to PRISON, where he should be instead of the nicer, friendlyier County Jail. And even then, it won't really be justice for all the harm and damage he has caused.

anon1958 5 years, 3 months ago

Maybe he and the Tai Chi master of lies Arthur Davis can become friends, they seriously deserve one another. Four years for his crime does not seem nearly sufficient. Even worse, I am sure ten years from now that his parent's money will have erased many of the consequences of his actions that he would otherwise have to carry.

I also still believe this guy's accomplice deserved some pretty harsh time as well.

Note to self: Google this a$$hole in five years and post a manifest of his crimes on top of whatever rock he is living under for his neighbors to read.

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