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Timothy Jones Jr.- Case Archive
2019 Murder Trialtrial-daytrial-dayRick HubbardSuzanne MayesRobert MadsenBoyd YoungBarry SowardsKerry BreenJacquelyn MoranAmy ShearerJohnathan StonedirectcrossredirectDay 28 - June 7, 2019School witnesses testified about Eli and Nahtahn Jones before the State rested and the defense began presenting mitigation evidence.
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Day 28 - June 7, 2019

School Witnesses Testify as State Rests and Defense Begins Mitigation

Judge Eugene C. Griffith, Jr.
12Proceedings
9Pages
5Witnesses
967Lines
Day 28 of 32
Appearing:
Rick Hubbard Suzanne Mayes Robert Madsen Boyd Young Barry Sowards Kerry Breen Jacquelyn Moran Amy Shearer Johnathan Stone

School witnesses testified about Eli and Nahtahn Jones before the State rested and the defense began presenting mitigation evidence.

Full day summary

Former teachers and school staff testified about Eli and Nahtahn Jones, including school materials, reports of Nahtahn's bruising, and the personal effect of the children's deaths. The State then rested. The court denied renewed defense motions, addressed proposed mitigation evidence, and excluded part of a proffered transport conversation. Defense witnesses Pastor Kerry Breen and Sergeant Barry Sowards testified about Jones's spiritual support, conduct during transports and trial security, and Sowards's account that Jones reported hearing voices and sought medical attention during trial. The court also gave preliminary guidance on proposed testimony concerning a prescription change.

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1. Autopsy Photograph Admission Ruling

The court confirmed that 569 autopsy photographs remained in evidence for jurors to examine if they chose, then denied the defense's renewed motion to strike them.

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Procedural
Autopsy Photograph Admission Ruling
21 lines

The court kept 569 autopsy photographs in evidence, available to jurors in envelopes, while the defense renewed its objection for the record.

2. Jacquelyn Moran — Direct/Cross

Jacquelyn Moran, Eli Jones's former first-grade teacher, described his classroom work and school-year relationship with him, then recalled a school family night he attended with his father.

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Direct
Jacquelyn Moran — Direct Jacquelyn Moran Suzanne Mayes
149 lines

Jacquelyn Moran described Eli Jones's first-grade years, identified school photographs and writing, and spoke about the continuing impact on her.

Cross
Jacquelyn Moran — Cross Jacquelyn Moran Robert Madsen
15 lines

Moran recalled Eli valuing a one-on-one school family night and meal with his father.

3. Johnathan Stone — Direct

Johnathan Stone, Nahtahn's kindergarten teacher, testified about Nahtahn's behavior, reported statements about household punishment, and school records admitted into evidence.

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Direct
Johnathan Stone — Direct Johnathan Stone Rick Hubbard
249 lines

Johnathan Stone described Nahtahn's kindergarten years, school concerns, reported punishment, admitted school records, and the impact of Nahtahn's death on him.

Highlights

Johnathan Stone — Directtestimony highlightStone testified that Nahtahn reported punishment involving burpees or running in place, and that school staff changed his behavior log to avoid sending negative reports home.

4. Amy Shearer — Direct

Amy Shearer testified about Nahtahn's school life, bruising she observed, and her report to DSS.

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Direct
Amy Shearer — Direct Amy Shearer Suzanne Mayes
215 lines

Amy Shearer described Nahtahn's kindergarten year, her report to DSS after observing bruising, his school accomplishments, and the lasting effect of his death.

Highlights

Amy Shearer — Directtestimony highlightShearer testified that she saw bruising on Nahtahn's neck, recounted what he told her, and said she immediately sought a counselor and reported the allegation to DSS.Amy Shearer — Direct“And he walked back and I noticed the bruising on his neck. So I had asked him what happened and he said that his dad had grabbed him by the throat and slammed him against the wall because he broke Eli's track.”— Amy ShearerShearer recounted Nahtahn's attributed explanation for the bruising she observed.

5. State Rests and Sowards Testimony Ruling

After the State rested, the court denied renewed defense motions and limited proposed Sergeant Sowards testimony about transport security.

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Procedural
State Rests and Sowards Testimony Ruling
60 lines

After the State rested, the court denied renewed defense motions and narrowed the proposed Sowards mitigation testimony.

Highlights

State Rests and Sowards Testimony RulingrulingAfter the State rested, the court denied the defense's renewed pretrial, mistrial, directed-verdict, and new-trial motions and allowed the punishment phase to proceed to the jury.

6. Barry Sowards — Proffer

Barry Sowards gave a defense proffer about an extradition-stop conversation with Mr. Jones. The court allowed Mr. Jones's statement that he would not hurt the officers but excluded Sowards's response as an irrelevant personal opinion.

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Direct
Barry Sowards — Proffer Direct Barry Sowards Robert Madsen
24 lines

The court allowed Tim's statement from an extradition conversation but excluded Barry Sowards's response as irrelevant personal opinion.

7. Kerry Breen — Direct/Cross/Redirect

Pastor Kerry Breen described providing Timothy Jones spiritual support in jail and testified about Jones's literal approach to faith. After brief cross-examination and a sustained redirect objection, Breen was excused and the defense called Sergeant Barry Sowards.

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Direct
Kerry Breen — Direct Kerry Breen Boyd Young
33 lines

Pastor Kerry Breen described his spiritual support for Tim, his observations of Tim's literal religious interpretation, and his view that Tim could positively influence other incarcerated men.

Cross
Kerry Breen — Cross Kerry Breen Rick Hubbard
8 lines

Pastor Kerry Breen agreed that Christian faith does not permit the conduct described by the prosecutor and affirmed family-related values.

Redirect
Kerry Breen — Redirect Kerry Breen Boyd Young
8 lines

A scope objection ended Pastor Breen's redirect, and he was excused.

8. Barry Sowards — Direct

Barry Sowards testified that Timothy Jones was compliant and courteous, while also describing unusual behavior, reports of hearing voices, and a later medication dosage change.

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Direct
Barry Sowards — Direct Barry Sowards Robert Madsen
151 lines

Sowards described Mr. Jones as compliant during years of transport and trial security and recounted a reported request for mental-health care during trial.

Highlights

Barry Sowards — Directtestimony highlightSowards recounted noticing an unusual change in Mr. Jones during trial; he said Mr. Jones reported hearing voices and needing to speak with a doctor, after which Sowards notified jail staff. Sowards later testified, to his knowledge, that staff changed Mr. Jones's Geodon dosage.Barry Sowards — Direct“It's difficult to answer. In one point, he has not particularly made me uncomfortable. The level or the heightened sense of the charges is what makes me uncomfortable on a daily basis. Not necessarily with him, but the level of charges, what I deal with.”— Barry SowardsSowards distinguished his concern about the charges from his personal interactions with Mr. Jones.

9. End-of-Day Mitigation Evidence Rulings

The court preserved the defense's objection on apparent-remorse questioning, reserved guidance on proposed Dr. Maddox testimony, and set trial to resume Monday morning.

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Procedural
End-of-Day Mitigation Evidence Rulings
34 lines

The court preserved a defense objection and gave a qualified preliminary ruling on proposed limited mental-health treatment testimony.

Highlights

End-of-Day Mitigation Evidence RulingsrulingThe court said the defense's proposed limited testimony from Dr. Maddox about examining Jones and changing his prescription would probably not open the door to testimony from Frierson and Dr. Kruse, while reserving a decision if the testimony expanded beyond that proffer.
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