'Personally, I believe in death penalty cases there should be no doubts. The third member, Larry Morris, was appointed by the Court of Criminal Appeals. Stitt appointed two of the three members who voted to recommend clemency: Adam Luck and Kelly Doyle. COULD JONES' LIFE BE SPARED?Īlthough Jones has no pending appeals, the state's Pardon and Parole Board twice voted 3-1 to recommend to the governor that Jones' death sentence be commuted, each time citing doubts about the evidence in the case. And the judge's bailiff signed an affidavit saying the juror never reported this, as she said she did. Prosecutors argue that when the trial judge asked her about this allegation the day after the alleged incident, she never mentioned the racial epithet. RACIAL BIASĪ juror in Jones' trial wrote in an affidavit after Jones' conviction that during the trial another juror engaged in premature deliberations and used a racial epithet while saying they should take Jones behind the jail and shoot him.

Prosecutors say those individuals, all of whom have lengthy criminal records, were not credible, knew no details of the murder and that their testimonies were not corroborated. Jones' attorneys say the jury also never heard from several individuals who have testified that Jordan admitted killing Howell and framing Jones. Even Jones' trial attorney, David McKenzie, wrote in an affidavit that he 'personally concluded that the alibi defense was untrue.' JAILHOUSE TESTIMONY They also note that three people saw Jones with Howell's stolen Suburban shortly after the killing. Prosecutors say this is a 'blatant falsehood,' and that Jones' trial attorney never called the family to the witness stand because Jones repeatedly told his attorneys that he was not at home on the night of the murder. Jones and his family have maintained that he was at home with them on the night of Howell's murder, eating dinner and playing games with his siblings and that the jury was never presented this information at trial. Jordan's is not a persuasive showing of actual innocence.' JONES' ALIBI

Prosecutors also note that a federal district court addressed this issue, noting 'the length of (Jones') hair compared to Mr. Jones has long said he was framed by Jordan, and that Jordan is the actual killer.īut prosecutors say Tobey testified she never saw braids and that her testimony was referring to how much hair was visible between the top of the ear and the stocking cap, not the hair length.

Jones' attorneys suggest this was a better description of Jones' co-defendant who testified against him, Christopher Jordan, who had corn-row braids at the time, and that the jury was never shown a photo of Jones taken a week before the murder that showed him with short, close-cropped hair. Paul Howell's sister, Megan Tobey, who was an eyewitness to her brother's killing testified in court that the gunman was wearing a stocking cap that came down 'about a half an inch to an inch' above his ears, and that hair was sticking out from both sides. Dallas Police investigating hit-and-run death of 7-year-old child EYE-WITNESS DESCRIPTION OF SHOOTER

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