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Timothy Jones Jr.- Case Archive
2019 Murder Trialtrial-daytrial-dayShawn GrahamRick HubbardSuzanne MayesRobert MadsenBoyd YoungShelby DerrickDave LawrenceJanice RossJoy LorickJanet Ricardopening_statementdirectcrossDay 27 - June 6, 2019Penalty-phase testimony and evidence included the Alabama recovery, conviction records, recordings, autopsy materials, and accounts from school and caregiving witnesses.
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Day 27 - June 6, 2019

Penalty Phase Opens With Recovery Evidence and Victim-Impact Testimony

Judge Eugene C. Griffith, Jr.
15Proceedings
12Pages
5Witnesses
1,110Lines
Day 27 of 32
Appearing:
Shawn Graham Rick Hubbard Suzanne Mayes Robert Madsen Boyd Young Shelby Derrick Dave Lawrence Janice Ross Joy Lorick Janet Ricard

Penalty-phase testimony and evidence included the Alabama recovery, conviction records, recordings, autopsy materials, and accounts from school and caregiving witnesses.

Full day summary

The penalty phase opened with instructions on aggravating and mitigating evidence, followed by opening statements in which the State sought a death sentence and the defense urged each juror to make an individual moral sentencing judgment. The court admitted Alabama recovery photographs subject to the defense's prior objection and incorporated first-phase evidence and testimony into the penalty phase. Former SLED lieutenant Dave Lawrence described the Alabama recovery scene, and the court admitted and played a video of the approach to the bags. The court later admitted Illinois conviction records, phone videos and a redacted jail call, autopsy intake photographs, and death certificates. School administrator Janet Ricard and caregiver Joy Lorick described the children and identified photographs and school materials; the court also ruled on objections concerning school memorial photographs. A defense mistrial motion after an alternate juror became upset during photographs was denied.

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1. Penalty Phase Preliminary Instructions and Opening Statements

The penalty phase began with jury instructions and opening statements on aggravating circumstances, mitigation, and the available sentencing options.

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Opening
Penalty Phase Preliminary Instructions and Opening Statements Suzanne Mayes
9 lines

The parties opened the penalty phase with opposing arguments for death and life without parole.

Highlights

Penalty Phase Preliminary Instructions and Opening Statementsprocedural actionThe judge began the penalty phase, told jurors they remained under oath, and explained that the parties would address aggravating and mitigating evidence.Penalty Phase Preliminary Instructions and Opening Statements“This decision about whether or not a person lives or dies is an individual moral judgment.”— Boyd YoungThe defense framed sentencing as each juror's personal determination.

2. Penalty-Phase Evidence Rulings

Before penalty-phase testimony resumed on Day 27, the court admitted Alabama recovery photographs and incorporated first-phase evidence into the penalty phase.

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Procedural
Penalty-Phase Evidence Rulings
37 lines

The court admitted disputed Alabama recovery photographs subject to objection and incorporated first-phase evidence into the penalty phase, deferring a limiting-instruction decision.

3. Dave Lawrence — Direct (Part 1)

Former SLED lieutenant Dave Lawrence described the Alabama recovery scene and the handling of five bags after Timothy Jones directed officers to them.

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Direct
Dave Lawrence — Direct Dave Lawrence Rick Hubbard
205 lines

Dave Lawrence described the Alabama recovery-site response, and the court admitted a video and photographs of the numbered bags.

Highlights

Dave Lawrence — Directevidence eventThe court admitted State's Exhibit 206, a video of the approach to the bags, over a renewed pretrial objection and allowed it to be played for the jury.

4. Alternate Juror Emotional-Reaction Inquiry

The court denied a defense mistrial motion after addressing an alternate juror's quiet emotional reaction during photographs.

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Procedural
Alternate Juror Emotional-Reaction Inquiry
58 lines

The court denied a defense mistrial request after an alternate juror reacted emotionally to photographs, then confirmed the juror was ready to continue.

Highlights

Alternate Juror Emotional-Reaction Inquiry“Your motion for a mistrial at this time is denied.”— Eugene C. Griffith, Jr.The court expressly denied the defense mistrial motion.

5. Dave Lawrence — Direct/Cross (Part 2)

Dave Lawrence described the remote recovery scene and his experience identifying children’s remains; on cross-examination, he agreed the rural Alabama location would have been difficult to find without Tim’s help.

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Direct
Dave Lawrence — Direct Resumed Dave Lawrence Rick Hubbard
16 lines

Lawrence described the late end of the recovery work and said the remote scene and identification of children's remains were unprecedented in his 30 years.

Cross
Dave Lawrence — Cross Dave Lawrence Robert Madsen
44 lines

Lawrence described limited polygraph work, a brief conversation with Jones's family, and the difficulty of locating the children in rural Alabama without Tim's help.

6. Illinois Conviction Records

The court admitted and published five certified Illinois conviction records, including burglary, forgery, theft, cocaine possession, and a stolen-vehicle offense.

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Procedural
Illinois Conviction Records
21 lines

Five Illinois conviction records were admitted without objection and published; the court then had the burglary indictment read for clarity.

7. Shelby Derrick — Direct (Recall)

Shelby Derrick authenticated phone video clips that the court admitted and published. The jury also heard a redacted November 26, 2014 jail call admitted as State's Exhibit 330.

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Direct
Shelby Derrick — Direct Shelby Derrick Shawn Graham
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Shelby Derrick authenticated two phone videos that were admitted and published, after which the court admitted and played a redacted jail call.

8. Janice Ross — Direct (Recall)

Janice Ross authenticated autopsy photographs and death certificates for the five Jones children, which the court admitted.

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Direct
Janice Ross — Direct Janice Ross Rick Hubbard
172 lines

Janice Ross authenticated autopsy photographs and death certificates, then restated the children’s listed causes of death and several injury findings.

Highlights

Janice Ross — Directevidence eventThe court admitted certified death certificates for all five children as State's Exhibits 333 through 337 without objection.

9. Janet Ricard — Direct (Recall) (Part 1)

Janet Ricard described Merah, Eli, and Nahtahn as students at Saxe Gotha Elementary and authenticated school records and photographs admitted into evidence.

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Direct
Janet Ricard — Direct Janet Ricard Suzanne Mayes
150 lines

Ricard described the children's school lives and academic progress, authenticated school records and photographs, and testified in a proffer about a school mural.

10. Photograph Evidence Ruling

The court admitted school-related mural photographs over a defense objection, while barring mention of fundraising activity outside the school.

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Procedural
Photograph Evidence Ruling
54 lines

The court admitted disputed school and mural photographs over objection while barring references to fundraising outside the school.

Highlights

Photograph Evidence RulingrulingThe court admitted State's Exhibits 224 through 236 and 338 over the defense objection, permitting the photographs based on the children's relevance to the school while barring mention of fundraising activity outside the school.

11. Janet Ricard — Direct/Cross (Recall) (Part 2)

Janet Ricard continued describing Merah's school progress and memorial materials, including a yearbook tribute and video played for the jury. She then identified four defense photographs from school-related settings.

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Direct
Janet Ricard — Direct Resumed Janet Ricard Suzanne Mayes
72 lines

Ricard described school memorials and records for the children, authenticated an exhibit, and said the crimes still affect her.

Cross
Janet Ricard — Cross Janet Ricard Robert Madsen
19 lines

Ricard identified four school-related defense photographs, which the court admitted without objection.

12. Joy Lorick — Direct/Cross (Recall)

Joy Lorick described caring for the Jones children in summer 2014 and identified photographs. After cross-examination, the court heard a defense objection, outside the jury's presence, to sending autopsy photographs to the jury room; the judge deferred a decision.

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Direct
Joy Lorick — Direct Joy Lorick Suzanne Mayes
131 lines

Joy Lorick described the children and the impact of learning of their deaths; the court admitted photographs without objection.

Cross
Joy Lorick — Cross Joy Lorick Boyd Young
39 lines

Lorick identified people in defense photographs, and the court deferred ruling on defense counsel's objection to jury-room access to autopsy photographs.

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