Defense wants judge to drop murder charges: Says Jones not legally obligated to provide care
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In a motion to dismiss second-degree murder charges against Doreen Jones, 48, Public Defender Dan Bryant contends the defendant did not have to care for the elderly man.
Specifically, the defense maintains Jones was under no legal obligation to care for Fletcher B. Anderson, 67, after she accepted him into her home when the boarding house where he once stayed closed. Bryant said a verdict of guilty for second-degree murder would not be supported on appeal due to the fact there are no legal papers showing Jones was responsible for Anderson’s welfare.
In addition to asking for a dismissal, the defense is also asking the court to restrict the prosecution when it comes to using Jones’ prior criminal record, which reportedly includes a felony conviction for theft.
The defense says getting into the specifics of the conviction could be prejudicial toward the defendant.
The defense also wants to limit photos shown to the jury and the testimony of the state’s medical witness. Bryant believes if the medical examiner is allow to express an opinion the victim’s death was a homicide, it will be prejudicial against his client in the eyes of the jury.
Along with motions of what the defense does not want to go before a jury, the defense also revealed it wants a medical expert to testify on its behalf.
The expert, Forensic Pathologist Dr. Charles Harlan, who formerly did autopsies for this district, was last seen in a local courtroom here during a controversial appearance in the Owen Davis murder case. That case involved the death of Davis’ infant son, allegedly due to cocaine poisoning.
During his appearance, Harlan derailed the state’s case against Davis, admitting he had contaminated a blood sample by using a dirty needle to draw blood from the infant during autopsy. The defense maintained that Harlan’s testimony cast doubt on whether cocaine was actually in the baby’s system or if it was residue from the dirty needle. His testimony, which went head-to-head against that of State Forensic Pathologist Dr. Bruce Levy, left jurors confused as to what happened and led to the conviction of Davis on a lesser charge.
Jury selection in the case begins at 9 a.m. Thursday. Hearing on the aforementioned motions will be held today before Circuit Court Judge Bart Stanley. If convicted, Jones faces 15 to 25 years in prison.