Archive for Friday, December 16, 2011

Jaeger conviction upheld by appeals panel

December 16, 2011

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— A panel of the Kansas Court of Appeals on Friday affirmed the conviction of Matthew Jaeger, who was sentenced to nine years in prison for a brutal attack on his former girlfriend in Lawrence.

The three-judge panel considered numerous issues brought up by Jaeger, but concluded that he received a fair trial.

“Moreover, based on our review of the totality of the circumstances, we do not find that Jaeger was substantially prejudiced by any of his allegations of error,” the panel said, adding, “Finally, we conclude that the evidence in the record overwhelmingly supports the jury’s verdict.”

Elizabeth Herbert, one of Jaeger’s attorneys, said she and lead counsel Pedro Irigonegaray, intend to appeal the decision to the Kansas Supreme Court.

In 2009, a Douglas County jury convicted Jaeger of kidnapping, aggravated battery and making a criminal threat.

Prosecutors said Jaeger, a former Kansas University student who is originally from suburban Chicago, burst into Francie Biggs’ apartment in October 2007, choked her and caused severe injuries to her vaginal area. She was hospitalized for 11 days. An obstetrician and gynecologist said she had never seen such an extensive gynecological injury and that it probably resulted from the application of a significant blunt force.

Jaeger said there was insufficient evidence to support the kidnapping conviction. But the appeals panel noted that an eyewitness saw her being dragged to a car.

Jaeger also alleged there was insufficient evidence to support the aggravated battery conviction. Jaeger’s expert witness said Biggs’ injury was compatible with a “straddle injury” and that falling on a bed rail was probably the cause of her injuries. But doctors who treated Biggs said she did not suffer a straddle injury.

Jaeger also alleged that District Court Judge Robert Fairchild erred in limiting cross examination of Biggs regarding an alleged attempt to extort money from someone. But the appeals panel said the law did not allow for such evidence to be admitted.

Jaeger also sought a new trial because one of the jurors was dismissed for juror misconduct after the juror said he had tried to conduct an experiment with his girlfriend “to determine whether a person could fall onto a bed rail and suffer the same type of injury that Biggs suffered to her genitalia.”

Defense counsel said he spoke with dismissed juror and it was that juror’s opinion that Jaeger was not guilty, according to the appeals court opinion.

Fairchild “was placed in a difficult position” when finding out about the juror misconduct, the appeals court said. But the panel said that under the circumstances it was appropriate to dismiss the offending juror. He then spoke with remaining jurors and determined they had not been “contaminated” by the dismissed juror.

Related document

State of Kansas v. Matthew Jaeger ( .PDF )

Comments

the_realest_mccoy 3 years, 5 months ago

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

John Hamm 3 years, 5 months ago

Com'on Daddy, cough up some more bucks - I'd like to see your whole family broke for supporting this "son" of yours.

bearded_gnome 3 years, 5 months ago

I sincerely hope Ms. Biggs sleeps better now.

God care for her, bring her mental and physical healing.

bearded_gnome 3 years, 5 months ago

"Moreover, based on our review of the totality of the circumstances, we do not find that Jaeger was substantially prejudiced by any of his allegations of error. Finally, we conclude that the evidence in the record overwhelmingly supports the jury's verdict," the three-judge panel said.

---YES!!!

okay, Pedro, Mr. Womyn's lib supporter, figger out more ways to drain Jaegerdaddy of more dollars.

I suppose Pedro's drain on abuserdaddy's account could be called a local stimulus for Lawrence, lol!

kernal 3 years, 5 months ago

Merry Christmas, Ms Biggs, where ever you are!

Cait McKnelly 3 years, 5 months ago

Here's hoping Ms. Biggs takes the same route the Goldman family did. He didn't win. He will never win. You go, girl!

Jayhawk1958 3 years, 5 months ago

You should have taken advice from your Dad, Mick.

Deja Coffin 3 years, 5 months ago

Okay, why are there so many comments about his dad? Somebody bring me up to speed. Glad to see that Ms. Biggs received some good news before the holidays.

bearded_gnome 3 years, 5 months ago

okay, here's why the punk's daddy figures in this, and note that punk isn't that many years outa the family confines.

because Jaegerdaddy defended his little prodigy.

because he put a boatload of kilobucks to bail the punk outa jail, with special treatment.

because he spent much more kilobucks on a crooked lawyer to make sure his punk got special treatment from the legal system, and an offensive defense.

and because jaegerdaddy never expressed remorse or an apology, nor did he direct his demon spawn to do so.

some dad, eh? real Fathers' Day example.

Deja Coffin 3 years, 5 months ago

Thanks for the heads up..... sounds like he's a real piece of work himself.

bearded_gnome 3 years, 5 months ago

you're welcome Deja.

I should've included: many feel that Jaeger learned his evil at home. quite possibly from trying to live like dear ol' dad.
yet another reason.

history 3 years, 5 months ago

I think nine years is not enough. I hope he gets the same treatment that he has given that poor woman very day for nine years. She will have to live with this for the rest of her life.

Mike Myers 3 years, 5 months ago

How about a civil suit for damages now???

Mike Myers 3 years, 5 months ago

How about a civil suit for damages now???

oldvet 3 years, 5 months ago

Does he have anything worth taking? If not, the civil suit would be nothing more than a feel-good.

OldPoot 3 years, 5 months ago

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

OldPoot 3 years, 5 months ago

Well, he can have a really memorable next 9 years in prison.

KS 3 years, 5 months ago

He will be out in five and with the time served, maybe in about three.

BlackVelvet 3 years, 5 months ago

Perhaps, but I'll bet he'll walk funny for a long time

luv2raft 3 years, 5 months ago

The look on his face here is priceless. "Denied? But people are only supposed to give me what I want! DADDYYYY!!!"

Jonathan Becker 3 years, 5 months ago

How is nine years reduced to three? The maximum statutory good time is 15%. Forgive me, because I am a graduate of the Jethro Bodine School of Sums, but 9 years times 12 = 108 months. 108 months times 15% = 16period2 months. 108 takes away 16period2 = 91period8 months . So if Mattie is a good little boy, he gets out in 7 years, 7 months and 24 days.

Funny thing about justice in prison, you earn your 15% over the length of your sentence. So, for every three years he serves, he gets 5%, if he is good. When it becomes known that his family paid big bucks for bail, Pedro and his appeal, Mattie will have contraband found in his cell in about his 34th month. Pfft, there goes 5% of his good time. Same thing will happen in the 70th month. And when the inmates learn he knows Rio judo, somebody will be selected to pick a fight with him, to cause him to lose his last 5%. So he will do the max.

And then he will have post-release supervision. One of his new friends will drop by and see him and then rat him out as associating with felons. Back he goes for 90 days. Prison justice is the gift that keeps on giving.

Waddetreestudio 3 years, 5 months ago



   Court of appeals decision deemed gender biased...probation and both parties need conflict resolution rehab conviction.

Waddetreestudio 3 years, 5 months ago

Nobody mentions the victims prior public record of ill relations with men suggests she needs rehab she has problems with men and she needs to be banned from ever having relations with men

Jimo 3 years, 5 months ago

Why do all your posts read like something Jared Loughner posted before his shooting spree?

Bob Forer 3 years, 5 months ago

The derogatory comments against Pedro are out-of-line. He's a damn good attorney, and a good guy as well. He was just doing his job. And doing his job should not be equated with condoning his client's actions. Those of you who are critical of him are probably too unsophisticated to understand the importance and sanctity of the Sixth Amendment.

BruceWayne 3 years, 5 months ago

Thomas Murray...guilty. Matt Jaeger...guilty. Pedro "damn good attorney."

Bob Forer 3 years, 5 months ago

You obviously and ignorantly believe in the Perry Mason myth.

Kontum1972 3 years, 5 months ago

i bet those two family's are real pieces of work....

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