CHRISTIANSBURG — There’s no physical evidence 13-year-old Nicole Lovell and former Virginia Tech student David Eisenhauer had sexual contact on the day she was abducted and murdered, Montgomery County Commonwealth’s Attorney Mary Pettitt said Tuesday.
While there is evidence Lovell had some type of relationship with Eisenhauer — now charged with her abduction, murder and concealment — before she went missing, Pettitt said it’s unclear at this time what the nature of that relationship may have been.
Had her office been able to charge Eisenhauer with a sexual offense in relation to the teen’s death, the prosecutor added, she would have.
Pettitt said that’s why she determined a capital murder charge was not appropriate in Eisenhauer’s case.
She said Virginia law does allow for a capital charge when someone commits abduction and murder together. But the statute only applies when the abduction is committed with intent to sexually defile.
Instead, the former Virginia Tech cross country runner faces life in prison on the first-degree murder charge and 10 years on the abduction count — and five years for the concealment charge that a grand jury added through a direct indictment on Tuesday.
Natalie Keepers, a former Virginia Tech student who’s accused of plotting the slaying with Eisenhauer, was also indicted Tuesday on counts of concealing a body and accessory before the fact in the killing. She faces life plus five years.
Pettitt said Tuesday she does not anticipate discussing plea deals with either defendant. When asked by a member of the media Tuesday if Eisenhauer or Keepers may testify against each other, Pettitt said neither are on her witness lists at this time.
“We’re happy with our case the way it is,” Pettitt said.
Eisenhauer and Keepers, both 19, appeared in court for separate hearings Tuesday to schedule their respective multiday trials.
Motions hearings in Eisenhauer’s case are set to begin on Feb. 8, and the trial is scheduled to run March 6 through March 15.
Keepers, meanwhile, is scheduled to have motions hearings beginning on Jan. 27. Her trial is scheduled for March 27 through March 31.