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Timothy Jones Jr.- Case Archive
2019 Murder Trialtrial-daytrial-dayclosing_argumentcharge_conferencejury_instructionsverdictDay 32 - June 13, 2019Penalty-phase closings, jury instructions, a unanimous death recommendation, and formal sentencing concluded Day 32.
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Day 32 - June 13, 2019

Penalty-Phase Verdict, Death Sentence, And Final Findings

Judge Eugene C. Griffith, Jr.
12Proceedings
9Pages
0Witnesses
259Lines
1Sidebars
Day 32 of 32

Penalty-phase closings, jury instructions, a unanimous death recommendation, and formal sentencing concluded Day 32.

Full day summary

Penalty-phase closing arguments focused on the State's request for a death sentence and the defense request for life without parole based on mitigation and mercy. After resolving objections and final-charge disputes, the court instructed the jury on aggravating circumstances, mitigation, mercy, and the verdict forms. The jury unanimously found statutory aggravating circumstances and recommended death. The court denied the defense motion for a new trial, formally imposed a death sentence, made additional findings in the sentencing report, and closed the record.

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1. Prosecution Closing Argument

The State urged a death sentence, arguing that the aggravating circumstances outweighed the defense's mitigation evidence.

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Procedural
Closing Argument Roadmap
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Closing
Prosecution Closing Argument Rick Hubbard
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The State urged a death sentence, emphasizing statutory aggravating circumstances, the children's lives, and the recovery evidence while arguing that mitigation did not warrant mercy.

Highlights

Prosecution Closing Argumentprocedural actionThe State argued that the murder verdicts established two statutory aggravating circumstances and urged the jury to weigh aggravation, mitigation, and mercy in choosing a sentence.

2. Closing-Argument Objection and In-Chambers Motion

During closing argument, the court addressed objections to the State's deterrence argument and declined to restrict anticipated defense language in advance.

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Procedural
Closing-Argument Objection and In-Chambers Motion
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The court preserved a defense objection to the State's closing and set a procedure for objections during the defense closing argument.

3. Renewed Objection to Autopsy Photographs

Defense counsel renewed its objection to autopsy photographs in State's exhibits 212 through 216, and the judge left the earlier ruling in place before defense closing argument resumed.

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Procedural
Renewed Objection to Autopsy Photographs
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The court denied a renewed defense objection to autopsy photographs before defense closing argument resumed.

4. Defense Closing Argument

Defense counsel Casey Secor urged jurors to impose life without parole rather than death, citing mitigation, mercy, and the family's requests.

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Closing
Defense Closing Argument Casey Secor
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Defense counsel urged life without parole, emphasizing mitigation, mercy, and family members' requests not to impose another loss.

Highlights

Defense Closing Argumentemotional momentDefense counsel urged life without parole, framing mercy for Tim as mercy for family members who had asked the jury not to impose another loss.

5. Penalty-Phase Charge Conference

The court finalized the penalty-phase jury charge before the jury returned, leaving it unchanged after considering objections and requested revisions from both sides.

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Charge Conference
Penalty-Phase Charge Conference
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The court left the final penalty-phase instructions unchanged while noting objections from both sides.

6. Penalty-Phase Jury Instructions

The court gave penalty-phase instructions, explaining the standards for aggravating and mitigating circumstances, the life-without-parole option, and the verdict forms before sending the jury to deliberate.

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Jury Instruction
Penalty-Phase Jury Instructions
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Jurors received final penalty-phase instructions on aggravation, mitigation, mercy, verdict forms, and deliberations.

Highlights

Penalty-Phase Jury Instructionsjury eventThe court instructed jurors that they first had to unanimously find a statutory aggravating circumstance beyond a reasonable doubt before considering a sentence of life without parole or death.Penalty-Phase Jury Instructions“The death penalty is only an option. It is not a requirement. It is never mandatory for you to impose that sentence.”— Eugene C. Griffith, Jr.The court emphasized that a proven aggravating circumstance did not require a death sentence.

7. Penalty-Phase Verdict and Jury Poll

The jury unanimously recommended a death sentence for Timothy R. Jones, Jr., and each juror confirmed the sentence during the clerk's poll.

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Verdict
Penalty-Phase Verdict and Jury Poll
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The jury unanimously recommended a death sentence, and each juror confirmed the decision in a poll.

Highlights

Penalty-Phase Verdict and Jury Polljury eventThe clerk read the jury's unanimous finding of statutory aggravating circumstances and its recommendation that Timothy R. Jones, Jr. be sentenced to death.Penalty-Phase Verdict and Jury Poll“Now recommend to the Court that the Defendant, Timothy R. Jones, Jr., be sentenced to death.”— [court clerk]The verdict form states the jury's penalty recommendation.

8. Post-Verdict Motion for New Trial

Defense counsel sought a new trial based on earlier evidentiary and mitigation rulings; the court denied each ground.

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Procedural
Post-Verdict Motion for New Trial
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The court denied the defense's post-verdict motion for a new trial, including each individually stated ground.

9. Death Sentence Imposed

The court imposed a death sentence, signed the sentencing report, made final findings, and closed the record.

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Procedural
Death Sentence Imposed
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The court formally imposed a death sentence on Timothy R. Jones, Jr. following the jury's recommendation.

sidebar
Court Notes Trial Attorney Staffing
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The court placed on the record its observation that multiple attorneys, including appellate lawyers, participated for both sides during much of the trial.

Procedural
Sentencing Report and Final Findings
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The court completed the sentencing report, made final findings on the unanimous verdict and proportionality, and closed the record.

Highlights

Death Sentence ImposedrulingThe court formally sentenced Timothy R. Jones, Jr. to death after reciting the jury's guilty verdicts and death recommendation.
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