State v. Jones

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Postby Redskins Rule » Sat May 15, 2004 12:23 pm

Dang Justice Hog...This is pretty interesting. May God bless you and your team.
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Postby JansenFan » Mon May 17, 2004 10:32 am

Well listen. I beat the law and order:dead on the mopney game, so if you need advice let me know.......just kidding. I wanted to be a lawyer when I was younger until I realized how much work you had to do. If you could just memorize all case law and rely on other people to do everything so all you had to do was go to court I would be there. It takes a person passionate about the legal system to do what you do and I am proud to know ya. By the way, my mother-in-law works for the public defenders office in PG county MD and so I have seen the legal system from that side, so it is kiind of cool to seethe other perspective.
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Postby REDEEMEDSKIN » Mon May 17, 2004 10:33 am

BossHog wrote:Thanks for cleaning all that up brother...

Continued good luck...


Yes. I stand in agreement with Boss. Very thorough. Keep it up! :)
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Postby skinsfaninroanoke » Mon May 17, 2004 11:13 am

Our bro has a mind like a steel trap :)

Being a Law and Order Junkie/Addict, I would have to say bring on the details - more! more!

::grin::
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Postby Justice Hog » Mon May 17, 2004 6:42 pm

DAY FOUR - Monday, May 17th

We are getting to our fact witnesses now. That means we’ll likely be going through fewer witnesses per day (because of the more extensive cross-examination by the defense). Here’s how today went:

Witness #2 [my co-counsel's witness]
This witness was one of the people on the porch when the victim exchanged words with the shooter. He testified how he was on the porch when the verbal altercation occurred. He said he then saw the shooter step up to the porch pulling out a TECH-9 looking “uzi type” gun. Once he saw that, he said he ran inside the house and heard 3 shots. He let another female (Witness #1) into the house before the shots and they both tried to hide inside.

This witness was wishy-washy on the stand and would not positively identify the shooter. He kept going on and on how he didn’t really get a good look at the shooter’s face because he was wearing a “hoody” (a hooded sweatshirt) that covered his face. When questioned about the photo line-up that was presented to him about 1 month after the murder, this witness, still being wishy washy, admitted that he pointed out a picture of the defendant...but claimed that he said, “I think it’s him...but I’m not sure.” [It was pretty clear that this witness feared snitching on the defendant.]

Chief Investigating Detective [my co-counsel's witness]
This police officer was re-called to the witness stand to discuss the photographic lineup shown to Witness #2 approximately one month after the murder. According to this police officer, after Witness #2 looked at the photos for a couple of minutes, he pointed to the defendant’s picture and said, “That’s him....that’s the shooter.” This officer testified that Witness #2 was firm and not ambiguous at all when making this identification.

Witness #3 [my witness]
This witness was one of the people on the porch when the victim exchanged words with the shooter. He testified that upon seeing the defendant walk towards the porch, he saw defendant put his hand in his waist as if about to pull out something. This witness stated that he left the porch and walked toward the street. When he looked back, he saw the shooter pull out a big TECH-9 looking gun and point it at the victim. He then attempted to shoot the victim but the gun apparently jammed. The shooter the re-cocked the gun and shot the victim 3 times. As he was doing this, 2 of “the boys” that were walking with the shooter started running from the scene. The shooter then turned his attention to Witness #3 and shot 2-3 times at him, trying to kill him, too. The shooter then fled the scene.

This witness then testified that in August, 2001, he was incarcerated in the same prison as the shooter. He said the shooter and a couple of his friends approached him in prison, knowing that he was a witness to the homicide, and “suggested” he sign an affidavit claiming that the shooter did not, in fact, commit the murder. Fearing for his safety, he signed the affidavit. This affidavit was entered into evidence today. When I asked him to explain the circumstances surrounding his filling out the affidavit, Witness #3 stated that because he was from out-of-state and didn’t know anyone in the prison, he felt his life was threatened if he didn’t sign the affidavit. He admitted that the affidavit was false and that he completed only because the shooter asked him to. When I asked him if he could identify the shooter in Court, this witness pointed to the defendant and, with 100% certainty, said “that’s him right there.”

Because of a scheduling issue with the Judge, our trial will resume on Thursday, May 20th.
Last edited by Justice Hog on Thu May 27, 2004 3:22 am, edited 1 time in total.
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Postby NikiH » Mon May 17, 2004 7:24 pm

Wow I'm so impressed. I worry about the safety of Witness 3 though. It must be the mom in me. Keep up the updates.
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Postby REDEEMEDSKIN » Tue May 18, 2004 9:58 am

No, Niki, it's not just you. I nearly soiled myself thinking about the situation in which #3 is. This is getting interest.

JH - is #3 still in jail? And, is the defendant being held in jail during his trial?
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Postby skinsfaninroanoke » Tue May 18, 2004 11:27 am

we have to wait til the 20th? oh man... not cool... you need to let the Judge know that we have a conflict with his conflict :D

I don't know about anyone else, but trapped in a situation like him where there is no escape and threatened with major injury - I think I might have signed an affidavit...

Keep up the info big guy - love it!
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Postby Justice Hog » Tue May 18, 2004 2:18 pm

RED(EEMED)SKIN asks:
JH - is #3 still in jail? And, is the defendant being held in jail during his trial?


Unfortunately, #3 is still incarcerated. He was actually locked up in an out-of-state prison and we had him brought to Delaware to testify. While he's here, he's being kept in a separate jail from the defendant. Once he's done, we're gonna send him back to the other state.

Regarding the defendant, he is absolutely locked up pending the results of this trial. Hopefully, when we're done with him, he won't ever be released.

We'll see.

FYI (just to keepy y'all on the fence until the 20th), we'll have 3 more witnesses to go. Witness #1 (who was on the porch). A "prison snitch" who was cell-mates with the defendant back in the day...with whom the defendant confided in, admitting to the killing. The Chief Investigatin Detective will then probably wrap things up.

I was also informed today by my lead counsel that she wants me to do the closing argument. That'll make me a little nervous, for sure, but I think I'll be up to the challenge. After the defense does their closing argument, she'll bat "clean up" and handle the State's rebuttal closing argument.

(For those of you unfamiliar with the criminal justice system, the State generally gets "2" closing arguments. We go first, followed by the defense...and then we get to go one more time. The reason for this is that the burden of proof is on the State.)
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Postby 1niksder » Tue May 18, 2004 7:01 pm

As long as you have wittness like #3 there is not excuse for others to be wishy-washy I hope #3 will be ok and I'm glad he told the truth about the affidavit because the defense would have been counting on it they may not want to mention it now

cant wait for the next update

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Postby skinsfan1 » Wed May 19, 2004 2:43 am

Congrats JH on getting the closing argument. I know you will do us proud! :lol:

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Postby Justice Hog » Thu May 20, 2004 5:24 pm

DAY 5, Thursday, May 20th

We're starting to wind down now, I think. Today we called just two witnesses. Here's what happened:

Witness #1 [my co-counsel's witness]

This was the 4th person on the porch. She testified that she was "chillin'" with all of her friends, drinkin' and hanging out on the porch when she saw 3 guys (she said they looked like "stick-up boys") walking down the street. Having some cash in her pocket (from dealing marijuana recently), she was concerned that were coming to rob her. She stated that as they walked by, the victim yelled out "Weed" as if to sell weed. Words were exchanged (I won't repeat them since I'm trying to get a "PG" rating here). 2 of the guys then stood in an ally by the house while the 3rd guy (the shooter) stepped up onto the porch and got in the victim's face. The shooter then pulled out a gun and shot the victim.

This witness said that as she saw the shooter walk onto the porch and pulled out the gun, she ran inside the house and ran up the stairs. As she did this, the shooter shot at her through the window (after killing the victim).

This witness said that she "eyeballed" the shooter as he was walking down the street approaching her house...and as he walked up on the porch. She stated that she got a good look at the shooter's face.

She was shown a photo lineup a month after the shooting and she picked out the defendant. When asked about it today, she said, "I'm 100% sure I picked out the right photo." When asked if she could ID the guy in Court, she pointed right at the defendant and said, "He did it."

The defense attempted to attack her credibility because she gave different identifying characteristics 3 years ago versus what she said today. They may have been minor points but I don't think the jury felt her testimony was damaged one bit.

Prison Snitch [my witness]

This will probably be our final "civilian" witness. He was cell-mates with the defendant back when he was first arrested on this murder. He said that defendant told him he shot someone on a porch in Wilmington with a Tech-9. Defendant told him that he got away in a white pick-up truck. Defendant also told him that he was going to try to get Witness #3 to be a defense witness for him...by "taking care of him". Defendant also told him that this offense was committed with "some of his boys" and his girlfriend.

After giving his original statement, the State offered a plea to this witness to a drug charge resulting in him being sentenced to 3 years in prison. That may not sound like a big "break" to y'all...but he was looking at 15 years in prison.

The defense attorney tried to get this guy to say that he'd say anything to get a "deal" or to reduce his potential sentence. This witness (correctly) stated that no deals were offered to him, in advance, for his testimony. He also said that the reason he came forward was because he felt that if someone murdered one of his own children, he would want others to come forward...and he felt as though he was just doing his part to bring someone to justice for committing murder.

In my opinion, if Witnesses #3 and #1 closed the coffin door on the defendant, I'm kinda hoping that this prison snitch's testimony nailed the coffin door shut.

Trial will continue on Monday, May 24th. On that day, we're probably gonna call the Chief Investigating Detective (to wrap up some loose ends.) The defense will likely start their case (they said it should take 1/2 day.) Hopefully, we can then read all of the jury instructions to the jury and come back on Tuesday morning for Closing Arguments.
Last edited by Justice Hog on Thu May 27, 2004 3:23 am, edited 1 time in total.
Fran Farren
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Newark, DE

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"Justice that love gives is a surrender, justice that law gives is a punishment."
-Mohandas Gandhi

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Postby 1niksder » Thu May 20, 2004 6:27 pm

The prison snitch could be a carpenter.. he had details not known to many ( the grilfreind and the get away car) makes his story believable

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Postby REDEEMEDSKIN » Fri May 21, 2004 9:28 am

1niksder wrote:The prison snitch could be a carpenter..


With a high pressure nail gun.


Put the defendant away JH!
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Postby Skinsfan55 » Fri May 21, 2004 9:34 am

JansenFan wrote:Well listen. I beat the law and order:dead on the mopney game, so if you need advice let me know.......just kidding. I wanted to be a lawyer when I was younger until I realized how much work you had to do. If you could just memorize all case law and rely on other people to do everything so all you had to do was go to court I would be there. It takes a person passionate about the legal system to do what you do and I am proud to know ya. By the way, my mother-in-law works for the public defenders office in PG county MD and so I have seen the legal system from that side, so it is kiind of cool to seethe other perspective.


Well I beat Dead on the Money AND Double or Nothing! Seriously, I love Law and Order... so is JH like Southerlyn in this case? (the ADA)? :)

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