Skip to main content

DNA hearing in Julius Jones death penalty case set for Sept. 7

Julius Jones
OKLAHOMA CITY, OK (Thursday, August 30, 2018) – On Friday, September 7, Oklahoma District Court Judge Bill Graves will preside over a hearing about a procedural question related to DNA testing in the case of Julius Jones, a death row prisoner who has always maintained his innocence for a 1999 murder.

The hearing will take place at 9 a.m. in Judge Graves’ courtroom #800, in the Oklahoma County District Court, 320 Robert S Kerr Ave, in downtown Oklahoma City.

The hearing in Jones v. Oklahoma will address the question of whether the district attorney’s office will be able to communicate directly with the DNA testing facility, which is testing a red bandana that the state neglected to test nineteen years ago.

The bandana is currently being tested for DNA at the expense and direction of Jones’ attorneys. The state recently agreed to this procedure.

“This evidence should have been tested 19 years ago,” said Dale Baich, federal public defender for Jones. “There is always a concern that with the passage of time, the sample could be degraded or contaminated. Although this hearing is important, DNA testing is just one aspect of this case, which includes overwhelming evidence that not only was Julius Jones wrongfully convicted, but racial bias also contaminated the trial.”

Jones’ legal team has previously argued: 1) There is no physical or forensic evidence tying Jones to the crime. 2) Jones has alibi witnesses that place him miles from the crime at the time it was committed, but his jury did not hear them. 3) The only physical description of the shooter in the case matches Jones’ co-defendant, who admitted involvement in the crime; not Jones. 4) According to sworn statements, the co-defendant, Christopher Jordan, (a high school teammate of Jones) who served 15 years and is now free, admitted to setting Jones up. 5) There is newly-discovered evidence that shows at least one juror harbored racial prejudice that influenced his vote to convict Jones.

Jones, an African American Oklahoma City resident, was on scholarship at the University of Oklahoma at the time of his arrest. While attending John Marshall High School, Jones – co-captain of his football, basketball, and track teams – was a member of the National Honor Society and graduated with a class rank of 12 out of 143, with a 3.8 grade point average.

Bolstering Jones’ defense case, in May 2017, the Oklahoma Death Penalty Commission Report concluded that there were various serious and systemic flaws in Oklahoma’s capital sentencing system.

Included at the end of the Commission’s report is a separate study entitled, “Race and Death Sentencing for Oklahoma Homicides Committed Between 1990 and 2012” – which examines “the possibility that the race of the defendant and/or victim affects who ends up on death row.

The report found that a Black defendant like Jones, accused of killing a white male victim in Oklahoma is nearly three times more likely to receive a death sentence than if his victim were a nonwhite male.

Jones’ current lawyers state that there was “pervasive and highly racialized pre-trial media coverage” of Julius’s case, as well as “racialized remarks made by prosecutors and at least one juror” during Julius’s capital murder trial. (Third application for Post Conviction Relief)

Racial bias occurred when a police officer used a racial slur during Jones’ arrest, and new evidence shows a juror used the n-word before jury deliberations at the sentencing phase.

The State removed of all prospective black jurors except one during the jury selection process.

According to Jones’ legal team, “the U.S. Supreme Court has made unequivocally clear that our criminal justice system cannot tolerate such blatant examples of racial prejudice on the part of even a single juror. In this way, Jones’ rights under the state and federal constitutions have been violated and his conviction and death sentence should be overturned.”

In 1999, Paul Howell was fatally shot in the driveway of his parents’ home in Edmond during the theft of his SUV. Howell’s sister, who was a passenger in the vehicle and witnessed the shooting, testified that the shooter had approximately a half-inch of hair sticking out from underneath a stocking cap. (Third Application for Post-Conviction Relief at pp. 10-11.)

At the trial, Jones’ underfunded and inexperienced public defenders, with no capital trial experience, failed to show the jury a photograph of Jones, taken a few days before the shooting, which showed that Jones’ had short cropped hair and Jordan had long, braided hair. (Third Application for Post-Conviction Relief at pp. 10-11.)

Jordan was released in 2014, after serving only 15 years, despite the fact that the prosecution told jurors that he was facing 30 years to a lifetime of incarceration for his role in the crime. Two prisoners heard Jordan bragging that he set-up Julius, and that he would get out of prison in 15 years in exchange for his testimony.

In addition, jurors may not have known that Ladell King, another key witness against Jones, was never prosecuted in connection with the murder, despite his admitted involvement.

King’s police interrogation from July/August 1999 as well as his preliminary hearing and trial testimony includes his admissions to being involved in the crime on the night that it occurred. He admitted to keeping the stolen suburban at his apartment complex overnight, and assisting in transporting and selling the vehicle the next day. King also received less than the mandated sentence for habitual offenders in connection with unrelated charges. (Third Application for Post-Conviction Relief at pp. 11, 13.).

In November 2017, Jones’ current legal team discovered new evidence that at least one juror harbored racial prejudice that influenced his vote to convict and sentence Mr. Jones to death. A juror reported telling the judge about another juror who said the trial was a waste of time and “they should just take the n-word out and shoot him behind the jail.’’ The juror reported that the juror who made this comment was never removed and the court did nothing. (Third Application for Post-Conviction Relief at p. 14.)

On July 25, The City Sentinel broke the news that the Oklahoma Court of Criminal Appeals (OCCA) had withdrawn a June order denying requests to look at evidence of racial bias on the Oklahoma County jury that convicted death row inmate Julius Jones of murder in 1999.

The court has decided to take a fresh look at some questions raised by Jones’ attorneys earlier this year. The judges also concluded (Case #PCD-2017-1313) that they could not ignore court mismanagement of exhibits earlier this year.

The U.S. Supreme Court continues to review recent filings in the Jones case, with a fourteenth consideration of the matter pending at the High Court when justices return in September.

Under an “unbroken string of Supreme Court precedent,” Jones’ attorneys believe he is entitled to a reversal of his conviction and death sentence or, at a minimum, to an evidentiary hearing on his claim that the juror’s racial prejudice violated his rights under the state and federal constitutions.

“If Oklahoma is to have the death penalty, the State must do everything in its power to come to convictions and death sentences fairly and accurately, and give full consideration to all possible claims of wrongful conviction,” Baich said.

This summer ABC television aired the documentary series, “The Last Defense,” executive produced by Academy Award winning actress Viola Davis, which brought global attention to the details of Jones’ case, expressly uncovering new evidence. The docu-series can be seen online.

➤ For more information on Jones’ case, visit justiceforjulius.com.

Jones’ Third Application for Post-Conviction Relief document can be accessed here: https://tinyurl.com/yalle4qj.

Links to all legal briefs can be found at the conclusion of the case background

Jones’ Petition for Writ of Certiorari can be accessed here: https://tinyurl.com/y7pauq89

Source: city-sentinel.com, Patrick B. McGuigan and Darla Shelden, August 30, 2018


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.