Prosecutors are refusing to say whether they will seek the death penalty for University of Virginia lacrosse playerGeorge Huguely V, charged in the brutal slaying of former girlfriend Yeardley Love, but the case has the potential to land him on death row.
“There is no doubt [prosecutors] will want to pursue the death penalty if they have the evidence to prove it,” said Joe diGenova, former U.S. attorney for the District.
Virginia prosecutors are historically aggressive when it comes to seeking the death penalty. The Old Dominion is second only to Texas in number of executions since the Supreme Court reinstated the death penalty in 1976.
Prosecuting attorney Dave Chapman has a record of seeking capital murder charges in cases resembling Huguely’s — but often settles at the last minute for a lesser sentence, said David L. Heilberg, who has been practicing law in the Charlottesville area for the past three decades.
Chapman’s strategy ensures the accused will receive a maximum prison term in return for a guilty plea, he said. Heilberg serves as president of the Virginia Association of Criminal Defense Lawyers.
Police found 22-year-old Love bruised and bloodied, lying face-down on her bed on May 3. Hours later, police charged Huguely in her death. Huguely’s lawyer, Francis McQ. Lawrence, called Love’s death an “accident.”
“In my opinion, the prosecutor is going to get whatever charges they seek,” said Steven Silverman, a Baltimore criminal defense lawyer. “The jury will be overwhelmed by the vulnerability of this poor girl, they are going to be shocked that he broke into her apartment and attacked her in her sleep, and that he attacked a fellow lacrosse player while he was sleeping. It’s modus operandus. The furthest thing from an accident.”
But Huguely’s case doesn’t fit the bill for capital murder yet, other lawyers said.
Capital punishment in Virginia requires a finding of first-degree murder and evidence of at least one of 12 aggravating factors, illegal acts committed in association with the slaying.
Experts said Chapman may aim for aggravating factors including rape, robbery or abduction.
Virginia’s chief medical examiner would not confirm that a rape test was conducted on Love’s body. In response to whether officers found Love clothed, Charlottesville Police Chief Tim Longo took a long pause, then declined to answer “out of respect for the family.”
If a sexual assault were involved, Huguely and Love’s relationshipcould “muddy the waters” for proving rape, said Jon R. Zug, assistant prosecutor for Albemarle County.
Asuspect’sDNA and evidence of a physical struggle, such as bruising or a “trashed” house, could be enough to prove rape, said Loudoun County Commonwealth’s Attorney James Plowman.
Police found Love’s left eye swollen shut, and Huguely admitted during questioning that he kicked in Love’s locked door that night.
Huguely told police he stole Love’s laptop before leaving her apartment, which Chapman could try to qualify as robbery.
But robbery won’t fly if the defense can prove the theft was an afterthought — which is how Huguely described it to police.
“The killing must flow from the robbery,” Plowman explained.
Chapman may argue abduction if he can prove Huguely restricted Love’s movement the night she died.
Plowman listed “standing in your doorway, blocking your way, cornering you [and] restraining you,” as evidence of an abduction.
Lynchburg lawyer Sid Kirstein said Chapman is likely feeling pressure to raise the ante for Huguely.
“Prosecutors have to get elected every couple years,” he said. “There’s a lot of public pressure for every ounce of flesh there.”
