Adderall defense: Huguely’s lawyers dispute cause of death
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Yeardley Love and former boyfriend George Huguely, who has been in jail since her death May 3.When murder suspect and UVA lacrosse player George Huguely spoke with police in May, he allegedly described an altercation with former girlfriend Yeardley Love in which her “head repeatedly hit the wall,” and his lawyer called Love’s death “an accident with a tragic outcome.” Now, the defense is trying to prove that.
Lawyers for Huguely were in a Charlottesville court December 15 seeking access to Love’s medical records, a request the prosecution calls “a fishing expedition.”
Although the medical examiner determined that Love died May 3 from blunt force trauma to the head, Huguely’s attorney, Fran Lawrence, argued that the cause of her death was unknown, and that’s why he subpoenaed records from UVA Athletics Department, UVA Student Health, and from the Charlottesville-Albemarle Rescue Squad, the last of which Commonwealth’s Attorney Dave Chapman had already agreed to enter the court record.
Amphetamines were found in Love’s body, according to the toxicology report, in an amount that would be consistent with her prescription for Adderall, a stimulant widely used to treat Attention Deficit Hyperactivity Disorder, said Bill Gormley, who performed the autopsy for the Medical Examiner.
Gormley said the level of amphetamines in her blood, .05mg, didn’t reach a level sufficient to cause death, but he also acknowledged that amphetamines can increase the likelihood of cardiac arrhythmia, or erratic heartbeat, something that can also, he noted, result from blunt force trauma.
Love had a blood alcohol level of .14; and in Virginia a level of .08 is considered drunk driving. Gormley testified that the amount of alcohol wouldn’t cause death.
While Love’s skull was not fractured, Gormley noted an array of other injuries including a three-eighths-inch hemorrhage near her right jugular vein. Gormley pointed to a spot close to the jaw line.
“Bruising that high in the neck— it’s not some place you fall down,” said the doctor, demonstrating with his hand placed over his mouth and jaw how such an injury could occur. He also noted that the spot is near the carotid artery, which can initiate cardiac arrhythmia when flow is disrupted.
Gormley also noted a 2-3-inch hemorrhage on Love’s scalp. “It wouldn’t necessarily cause death, but it could in conjunction with other injuries,” he said. And she had bleeding deep within her cortex in the center of the brain. “That injury requires some sort of force,” said Gormley.
“The pattern of brain findings is unusual for blunt force,” countered Jack Daniel, a Richmond pathologist who testified for the defense.
Daniel contends that some of Love’s injuries stemmed from oxygen not reaching her brain, and cardiopulmonary resuscitation, which the Rescue Squad performed for about 25 minutes.
“Vigorous CPR caused these injuries interpreted by Dr. Gormley as primary traumatic injuries,” declared Daniel.
Reviewing medical records is done as a matter of course when doing autopsies, said Daniel, who estimated he’d done around 2,000 such inquiries, and he said the records could show other drugs in Love’s system that could cause arrhythmia.
Commonwealth’s Attorney Chapman pointed out that Love had a prescription for Adderall with a bottle found in her backpack. “If you don’t find other bottles [at the scene], you’d just be fishing in the records,” he accused.
“Can you prepare [a list] of drugs that would cause arrhythmia?” Judge Bob Downer asked the defense expert.
“It would be a very long list,” replied Daniel, and defense attorney Fran Lawrence reminded Downer of the “extraordinarily serious criminal offense” his client faces.
“We don’t have a cause of death,” said Lawrence, suggesting that his medical expert look at the records under seal and with a gag order.
“We’d be happy to draft a subpoena relating to the Adderall,” said Chapman— but not a blanket look at all the medical records, he said.
Downer, who said he’d brushed up on statutes before coming into the courtroom, said, “I’m not going to permit a fishing expedition by a doctor. I believe the better part of valor is for me to review the documents in camera.” That’s legalese for in private.
And after his review, Downer said, he’d allow the lawyers to argue about which records should enter the record.
Huguley’s preliminary hearing— originally slated for June and then pushed back to October— is now slated for January 21.
This young man is entitled to avoid murder or manslaughter charges.
The fight with the addled Ms. Love may very well have left her alive, albeit with a somewhat reduced capacity to enjoy life, if not for her drug use.
It appears that she participated in a physically tumultuous relationship, and suffered unintended consequences.
Mr. Huguely and his family should absolutely not be subjected to public attacks, taunts, or assaults of any kind when they appear in Charlottesville.
Was Ms. Love addled from the adderall or from being beaten unconscious, Mr. Laurence?
So shaking her vigorously is not an option! Rich boy done wrong and his Lawyer is grasping at dust. We will see if money prevails. A neck grab and shake certainly overrides all else.
You have got to be kidding Mr. Laurence? The young man lost control and beat a young woman to death. Her meds didn’t do it!!!
Careful, folks. Too many public comments and the defense will argue that Mr. Huguely can’t get a fair trial in Cville and move for a change of venue.
Let’s be “frank”, frank, you are a clown
I live in wisconsin
Since Charlottesville and Albemarle County are home to the University of Virginia, the defense attorneys would be insane not to ask for a change of venue in this trial.
Aderall is huge on grounds as a drinking accoutrement, along with Zanax, percocet, and vicodin. Not to mention all the pot and cocaine thrown in for good measure.
So we have the toxocology of the victim, but not from the perp? Well, it is Charlottesville after all - and he did go to UVA. Old habits die hard.
So… Love has a prescription for this medication, (which is abused by many college students WITHOUT a prescription), Huguely slammed her face into the wall and she’s the amphetamine-junkie who died from her prescription medication.
Of course. Makes perfect sense.
Remember folks, reasonable doubt!
It doesn’t take much to convince just one jury member who has a very poor understanding of “reasonable doubt” to hang a jury. The defense team is doing their job whether we like it or not.
No one deserves this type of death - and I agree with all here who are objecting to “Frank”’s ignorant yet trying to be educated comments.
Drug use? It was a prescription for treatment of ADD which it appears from her achievements she used. She drank - she was of age and it was the end of the year. It doesn’t give anyone the right to bash her head against the wall - into a door or beat her to death. Change venue - as one defense attorney once told me - you defend an ass - you come up with asinine excuses.
Unfortunately - it is true - UVA Male Students have gotten away with rape and murder in the past here.
This case is starting to remind me of all the deaths caused by tasers being applied to suspects with cocaine in their system. The cocaine doesn’t kill them. The taser doesn’t kill them. But the exicted delerium caused by the taser application, in conjunction with the cocaine, kills the suspect.
Adderall, alcohol, smacked around. If the victim had not been on Adderall and alcohol, would she have survived the beating? Or did self-medication with Adderall and alcohol contribute to her own demise? Gonna be a very interesting trial.
So Frank, I suppose you would applaud Menken’s statement, ” A gentleman never strikes a lady [pause] without provocation.” What’s your take on Vandersloot? Women who touch a guy’s computer deserve to have their memory erased [pause] forever?
Gasbag - so one shouldn’t take their prescribed Adderall and drink because someone may beat them and they would die? Please. An asinine argument to say the least…
If the defense was doing their job - they would tell this dude to plead out - and take his punishment like a man. Oh - that’s right he isn’t. Trouble with all of society is no one takes responsibility for their actions - we have lawyers who place the blame on everything else…
That wasn’t a “fight.” That was a beating.
So glad we have lawyers ready and able to drag a dead
girl’s name and reputation through the mud.
Aderalll perscriptions are jokes. They’re performance enhancement drugs for dummies.
@Frank - “Mr. Huguely and his family should absolutely not be subjected to public attacks, taunts, or assaults of any kind when they appear in Charlottesville.” - since you leave this statement for last, then I am guessing this has already happened. I am sorry for his family having to go through this and if people have used this as a way to express their outrage at his crime. However, did his family ever once take the time to try to find this young man some REAL help for his obvious anger/control problems? If not, then maybe the public’s reaction could be as justified as the defense you are attempting for him. No sympathy here for this crime or it’s perp.
Are all you people really so unable to spot someone pulling your leg for kicks? “Frank’s” comment was designed to elicit exactly the response it got. You were played for suckers and played right along.
Don’t we have a local attorney who throttled his client recently and wasn’t his name “frank”?
Sayonara, suckers!!!
Frank needs to say sayonara so he can go write on another bathroom wall - that’s the way he’s treating this forum - adios mf yoyo
INNOCENT until PROVEN GUILTY. Don’t forget that folks.
SPOILED until ROTTEN. So make sure the door is shut and sealed.
As I mentioned when Boy George was arrested, he will be alive and well in a matter of a few years and hired by daddy to work in his company so that he will never have to endure a background check- as a murderer, you can never claim to have “paid for your crime by doing the time”.
Taunt away, just as Boy George beat away.
Whateva- agreed……..how about adding that if this punk had not attacked killed this young lady, there would not be a story- PERIOD!
His lawyers are just earning their $. Inevitably this punks pretty face is going to make a lot of inmates happy. That’s all that matters in the end.
It takes a callous and deeply corrupted soul to argue that something other than beating the living sauce out of that woman killed her. A fair trial is one thing, and everyone deserves that; a wickedly debauched attempt to put the blame on something other than his hands is evil.
Like John Lennon said “How do you sleep at night?”
Adderall is commonly used by ADD-free college students to focus attention when they write papers, take exams, or give class presentations. Since there is no diagnostic test for ADD, it suffices to reel off a list of ADD symptoms to a doctor who, if complacent, will inquire no further and write a prescription. Some students spike Adderall with caffeine, synergy with which can cause or trigger tachycardia or panic attacks. Love could have had ADD, of course, and been legitimately medicated, but how relevant is this to her COD?
“It takes a callous and deeply corrupted soul to argue…”
I thought diversity is a good thing and individualism is supposed to be worshipped.
Right?
I’d love to be on the jury.
Grasping at straws to try to get a better plea deal. No way do they want to go to a jury with this, even a Charlottesville jury. If they can plant some notion that other circumstances contributed to her death–can try to get this down to 20 years in jail or so.
The problem is the ridiculousness of the premise. Clinical levels of the prescribed drug would not cause death, even when mixed with alcohol, and they will have a very hard time convincing anyone of that. If he came to her apartment, found her door locked, and broke down the door, he clearly thought about committing violence to her(he had the aforethought part) and clearly he had malice. This is first degree murder and he should spend the rest of his life in jail(no parole) for the crime. The defense is trying to throw enough crap out there that the prosecutor will plead this down to 20-30 years behind bars.
Send it to a jury–see how sympathetic Huguely looks to them. I wish they had kept capital murder on the table just to keep pressure on the defense to plead out for more time.
My bet is that this doesn’t go to trial–the question is how many years he gets. I certainly hope it is at least 30.
Whta about what was in his system?
If it weren’t for Huguely, this girl would be alive. Simple as that.
A small amount of adderrol and 4 beers in your system don’t cause you to die when you bang your head. What causes you to die, in any state, is repeated banging and punching of your head against the wall by a 230lb,drug crazed, athlete, spurned lover until you end up in a bloody heap on the bed.
President Kennedy suffered from Addison’s Disease and other serious medical problems.
If Jack Ruby had not shot Lee Harvey Oswald and the case had gone to trial, I suppose the defense would have argued that it was the medical problems that caused the death and not the bullet.
That would make as much sense as it does here.
Ms Love was using a lawfully prescribed medication and was of legal age to consume alcohol. It should not even be an issue.
Can’t help but think that once again violence against women is not taken seriously, that no matter what the situation is someone will try to say the woman “brought it on himself.”
I have little respect for defense lawyers. Huguely should plead guilty and throw himself on the mercy of the court, and take his chances. And yes, capital murder should be the charge.
The circumstances do not rise to the charge of capital murder.
If it can be proven he was trying to rape her, that would change things. Or if she was pregnant at the time. Or if he had been over 21 and she under 14. Or if she had already been served a subpoena in another pending criminal matter against him. Even in these circumstances you would have to prove premeditation.
Gasbag
What if he had broken into her house? Would that have made it possible for Felony Murder?
§ 18.2-30. Murder and manslaughter declared felonies.
Any person who commits capital murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter, shall be guilty of a felony.
(1975, cc. 14, 15.)
Capital murder is outlined in state code section § 18.2-31. Capital murder defined; punishment.
The following offenses shall constitute capital murder, punishable as a Class 1 felony:
1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as defined in § 18.2-48, when such abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction;
2. The willful, deliberate, and premeditated killing of any person by another for hire;
3. The willful, deliberate, and premeditated killing of any person by a prisoner confined in a state or local correctional facility as defined in § 53.1-1, or while in the custody of an employee thereof;
4. The willful, deliberate, and premeditated killing of any person in the commission of robbery or attempted robbery;
5. The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration;
6. The willful, deliberate, and premeditated killing of a law-enforcement officer as defined in § 9.1-101, a fire marshal appointed pursuant to § 27-30 or a deputy or an assistant fire marshal appointed pursuant to § 27-36, when such fire marshal or deputy or assistant fire marshal has police powers as set forth in §§ 27-34.2 and 27-34.2:1, an auxiliary police officer appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, an auxiliary deputy sheriff appointed pursuant to § 15.2-1603, or any law-enforcement officer of another state or the United States having the power to arrest for a felony under the laws of such state or the United States, when such killing is for the purpose of interfering with the performance of his official duties;
7. The willful, deliberate, and premeditated killing of more than one person as a part of the same act or transaction;
8. The willful, deliberate, and premeditated killing of more than one person within a three-year period;
9. The willful, deliberate, and premeditated killing of any person in the commission of or attempted commission of a violation of § 18.2-248, involving a Schedule I or II controlled substance, when such killing is for the purpose of furthering the commission or attempted commission of such violation;
10. The willful, deliberate, and premeditated killing of any person by another pursuant to the direction or order of one who is engaged in a continuing criminal enterprise as defined in subsection I of § 18.2-248;
11. The willful, deliberate, and premeditated killing of a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman’s pregnancy without a live birth;
12. The willful, deliberate, and premeditated killing of a person under the age of fourteen by a person age twenty-one or older;
13. The willful, deliberate, and premeditated killing of any person by another in the commission of or attempted commission of an act of terrorism as defined in § 18.2-46.4;
14. The willful, deliberate, and premeditated killing of a justice of the Supreme Court, a judge of the Court of Appeals, a judge of a circuit court or district court, a retired judge sitting by designation or under temporary recall, or a substitute judge appointed under § 16.1-69.9:1 when the killing is for the purpose of interfering with his official duties as a judge; and
15. The willful, deliberate, and premeditated killing of any witness in a criminal case after a subpoena has been issued for such witness by the court, the clerk, or an attorney, when the killing is for the purpose of interfering with the person’s duties in such case.
If any one or more subsections, sentences, or parts of this section shall be judged unconstitutional or invalid, such adjudication shall not affect, impair, or invalidate the remaining provisions thereof but shall be confined in its operation to the specific provisions so held unconstitutional or invalid.
(Code 1950, §§ 18.1-21, 53-291; 1960, c. 358; 1962, c. 42; 1966, c. 300; 1970, c. 648; 1973, c. 403; 1975, cc. 14, 15; 1976, c. 503; 1977, c. 478; 1979, c. 582; 1980, c. 221; 1981, c. 607; 1982, c. 636; 1983, c. 175; 1985, c. 428; 1988, c. 550; 1989, c. 527; 1990, c. 746; 1991, c. 232; 1995, c. 340; 1996, cc. 876, 959; 1997, cc. 235, 313, 514, 709; 1998, c. 887; 2002, cc. 588, 623; 2007, cc. 844, 845, 846; 2010, cc. 399, 428, 475.)
There is a reason why the word “lawyer” sometimes puts a bad taste in the mouths of many. This would be one of those reasons. I understand Huguely’s lawyers don’t want to leave any stone unturned and are trying to find any avenue to get the least severe sentence possible for their client but you have to feel for Love’s parents who have to sit there and hear this as a strategy of the defense.
Kids take adderall everyday, right or wrong. To bring in a pathologist as a private consultant to say this was the cause of her death is an insult to Love’s life and death, plain and simple. In other words, “Sure, George banged her head against the wall repeatedly, but you know, that’s not why she wound up dying, it was Adderall. Yeah, that was the culprit. Not George. If your daughter hadn’t been taking Adderall, she probably would have graduated from college a week later and we’d be looking at little ole assault charges on my boy here.”
What a bogus argument. Here’s hoping the other team of lawyers win the justice Yeardley Love deserves.
I don’t think gasbag feels what he is stating is right in terms of it is how things should be but sadly he is pointing out what simply is. 1st degree murder is not as simple as his actions caused her death, the justice system has more red tape than that. If he did not plan to go over there and kill her a good defense lawyer will stop him from being convicted of 1st degree murder. How can anyone prove that was his intent? I can’t imagine anyone with any common sense saying if he had not gone to her home she would be here today and we would all be commenting on something else, his actions AT THE VERY LEAST contributed to this young lady passing away and what the prosecution will have to do is sell a jury on how much he contributed to it. Personaly I think 100% but the laws are what they are and don’t always provide for the justice she deserves. This guy deserves to spend every second of the rest of his life in prison but sadly I wouldn’t be surprised if he doesn’t and whoever said he would be working for daddy is correct.
In the end it’s going to be tough for a jury to go along with a murder conviction, first or second degree, since statements made by people as to “gonna kill that mo%$&ker” etc. are made so frequently by people as to be mostly hyperbole, and true intent to kill is going to be a tough call. My money says he goes voluntary manslaughter just like the last preppy punk who killed Walker Sisk with a knife and ended up in jail for less than 3 years. Frankly, I’m surprised the defense is trying the drug induced arrhythmia gambit, but maybe they’re figuring as in the Sisk case to throw up so much dust the jury dies of boredom before it’s over. At any event they’d do just as well to play up the whole thing as a lovers quarrel gone wrong due to both participants being drunk. Since it’s a girl and not a guy, I say the oaf does 8-10 years instead of The Andy Alston slap on the wrist, but we’ll see clearly later on, won’t we?
He will get 10-15 years probably. That is my guess.
“He will get 10-15 years probably. That is my guess.”
I was thinking the same thing but I think he will plead 2nd, get 15 and be out in 8 to 10. Not sure how the parole time is added up now.
Heart goes out to the Love family and my heart really goes out to victims (or family) who have to accept the backroom dealings of our justice system.
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There’s one person who can stop the madness - George.
If he ever had any love for this girl he should call off the experts and lawyers who will say anything and do anything to get his fathers money. I find them heartless and disgusting. The police have his confession. Time to man up and take the punishment.
Confessions are tossed out of court every day in this country. We have no idea what he was subjected to before finally saying what the cop shoppe wanted to hear. They generally use a lot of dirty tricks.
From Observer (with a capital “O”):
This case will never see a jury. Fran McQ. Lawrence (with a “w”) will enter into negotiations with Dave Chapman (representing the Commonwealth) that will result a plea agreement for his client. [FTR: This case does not now nor has ever met the requirements for a charge of capital murder; see earlier criminal code.] My bet: Huguely will plead guilty to murder in the second. The only two questions that will remain are: 1) how long a sentence will Judge Downer impose; and 2) how long will Huguely actually serve?
I remain most concerned about the second item above. I cannot speak to the standards today but it used to be that in VA the convicted served approximately one-sixth of their sentence.
Steve, Robbery could make it a capital crime, if you can prove intent.
Observer, Judge Downer will be done with this case once the preliminary hearing is finished. The case will be handled in the Circuit Court. Downer will not sentence anyone, ever on felony crimes. And, there is zero chance of a plea agreement
Virginia abolished parole, remember? Offenders serve 85% of their sentence. It’s not up to some arbitrary panel or individual when an offender is released. No more 1/6th of the sentence.
You are absolutely right, hello, with the express exception of your last statement “And, there is zero chance of a plea agreement.”
I strongly disagree that there is “zero chance”, and fully expect to hear news of a plea agreement at some point.
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Bryan- thanks for exposing this situation as it really seems to be. The result will be, as I have suggested numerous times, permanent employment for Boy George at Daddy’s company without a necessary or needed background check.
UVA fingerprints all over this. Anything to protect their reputation and keep their donors from the truth.
We’ll never get to the truth in a criminal trial. Only hope is a wrongful death suit. Are the Loves going to step up?
DD - he put his hands on and beat a woman that weighed almost half of what he did….fat chance of him “manning up”….He is no man.
bobinthhook - good to know he does have a sense of fear, wonder if he has made the connection of what his victim may have felt that night…I doubt it, but one can only wish
That was actually Huguely’s lawyer who posted on this board?
Do you actually think a defense attorney in a high-profile case would comment here, on the message board of a free weekly?
For that matter, most of the lawyers in Charlottesville pull down a hefty hourly fee that averages $200 an hour. Why would anyone with such a vested stake in this case waste his time jumping into this Hook message-board fracas?
LOL
Mr. Huguely, his parents and attorney should be ashamed of themselves. Mr. Huguely needs to man up. He killed a lovely, bright young lady who had a beautiful life ahead of her. He deserves to serve a long, lonely jail term. I’d call his act “premeditated murder”.