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Jesse Matthew choked victim during Fairfax sexual assault, court documents allege

Posted at 4:54 PM, Mar 09, 2015
and last updated 2015-03-09 18:34:26-04

FAIRFAX COUNTY, Va. -- Newly unsealed documents reveal new information in the Jesse Matthew attempted capital murder sexual assault case in Fairfax.

Prosecutors said Matthew abducted a woman on a path near her Fairfax apartment September 24, 2005. Court documents allege Matthew choked her and sexually assaulted her with his hand. DNA was taken from the victim and that sample linked Matthew to the offense, according to the documents.

That evidence prompted Matthew's defense to request funds in the amount of $2,000 for a DNA expert.

Court documents also reveal the Matthew's defense has retained Dr. Dan Krane of Wright State University. Krane is expected to analyze the DNA sample the defense claimed was the only piece of evidence that links Matthew to the alleged crime.  Matthew's defense argued that he was indicted nine years after the alleged crime based on a "cold hit."

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Jesse Matthew Jr.

CBS 6 News obtained that DNA analysis from April 13, 2006, which eliminates Matthew from a cigarette filter taken into evidence. However, that sample does not eliminate Matthew from the fingernail sample taken from his alleged victim. The probability of randomly selecting an unrelated individual with a DNA profile matching the foreign DNA profile developed from the right fingernail scrape is "1 in greater than 7.2 billion," according to court documents.

Additionally, DNA from the Fairfax case linked Matthew to murdered Virginia Tech student Morgan Harrington the night she disappeared from UVa's John Paul Jones Arena in 2009. That DNA was also collected in the Hannah Graham murder case.

Matthew's Fairfax trial is scheduled to begin June 8. His alleged victim is expected to travel from India and is prepared to testify against him.

Matthew has also been charged with the abduction and first-degree murder of Hannah Graham. A trial date is expected to be set May 5 at a status hearing in Charlottesville.

Depend on CBS 6 News and WTVR.com for the most complete coverage of this important story.