Cold case verdict: Cape Coral woman innocent in Marine's 1997 slaying

A Cape Coral woman hugged her attorney as she burst into tears after the jury delivered its verdict: innocent in the 1997 murder of former Marine Keith Jones. People in the audience gasped, cried and hugged each other.

Michelle Ashley, 45, was joyous as Judge Frank Porter accepted the decision in the Fort Myers slaying of Jones, 27, of Daytona Beach. The four-day trial was part of a high-profile cold case.

The families of Ashley and Jones sat on opposite sides of the courtroom.

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"The state failed miserably," defense attorney Robert Harris had told the jury during closing statements.

Jones' death is one of the oldest cold cases in the city, and is part of Fort Myers Police Chief Derrick Diggs' commitment to solving cold cases. It languished more than two decades years until a witness came forward and led to the 2019 arrest of Ashley, charged with first-degree premeditated murder in a then 22-year-old case.

A motel owner had found Jones on a bed when he didn't answer a wake-up call. He died from a gunshot to the head.

Each side took about an hour for their closing arguments.

"It’s not always what’s left in the room, but what’s not in the room," Assistant State Attorney Daniel Feinberg said.

Police said they didn't find a wallet, cash or identification in the room, indicating robbery was the probable motive for the killing.

Feinberg then explained how Ashley provided different sworn testimonies as law enforcement interviewed her.

"Something happened in the room," Feinberg said. "Someone got angry and she walked out of the room … That’s the first version."

He said Jones died because of the decisions Ashley made that night.

"She opened the door to the room that led to the death of Keith Jones," Feinberg said.

Ashley, who did not testify, gave police various statements.

One of those inconsistencies, he said, is about four men who robbed and murdered Jones.

Feinberg said Ashley initially told officers four other men were involved that night, but added she later changed her story.

"They can’t be connected to Keith Jones, but she can," Feinberg said of the four men. Ashley was the only person charged in the case.

Before turning it over to the defense, Feinberg emphasized no money was found in the motel room.

"Ladies and gentlemen, this was a setup," Feinberg said. "The defendant set it up."

Harris had stressed the true lead detective in the case wasn't called to testify, referring to Fort Myers Police Department Detective Lawson no first name provided, who in 1997 said Jackson was scared and in fear for her life.

Both sides referenced Emily Sanchez Bell, a close friend of Ashley who helped crack the case. Sanchez Bell said the robbery had been planned for days and Ashley confessed to it soon after.

Then, Harris presented jurors with three pictures, emphasizing the importance of a woman's sandal left at the scene.

Condoms were also left, he said — one with DNA from her and Jones.

"Her story makes sense with all of the evidence," Harris said.

As Harris wrapped up, he touched on Sanchez Bell's heated testimony, which led Ashley and him to react Thursday.

"I got emotional at times," he said. "I’m representing an innocent person."

"Emily Bell Sanchez is their evidence," he later added. "That’s all they got."

Assistant State Attorney Sara Miller then concluded for the state.

She showed pictures of Jones and reminded jurors how he was interviewing for law enforcement positions.

"He was a victim in this case," Miller said.

Miller referenced $5,000 Ashley took the night of the slaying.

"He came over to have sex with her and she saw that as an opportunity," Miller said.

Further, Miller added that Ashley’s brother testified she never said she was the victim the night of crime.

"Her statements aren’t credible to charge those four people," she said regarding the four men Ashley told authorities about.

“She’s still responsible for her actions," Miller said.

Defense attorney's reaction

Miller and Feinberg exited the courtroom soon after the jury delivered the verdict, and couldn't be reached for comment.

Harris spoke with the media outside the courtroom.

"This is a burden that's just immense on her and her family," Harris said about Ashley.

He told The News-Press this isn't the typical cold case.

"This was a case where they knew exactly what happened 25 years ago," Harris said. "They just made someone who was a victim back then, and still is a victim, a target of their investigation."

Harris said the problem is prosecutors don't have that scientific evidence to put the four men at the scene.

"Michelle really was the only one who could ever put them in that hotel room," Harris said. "I can tell you this; if those guys are ever arrested or prosecuted, you know the state will be looking for her to testify."

Harris said prosecutors wouldn't have that if the jury found Ashley guilty.

"So I think there's still a chance for justice in this case for the Jones family," Harris said. "But it's up to the police and the prosecution now."

He said they put in countless hours, tireless nights, trying to figure out what to do and how to process this case.

"I take it as a credit to my entire team that were able to get a not guilty. They are great people and I'm so pleased to be working with all of them," Harris said. "But more than that, I'm so pleased for the Ashley family. They deserve this. They have been living under a cloud for 25 years because of this case."

Harris said he was overcome with emotion when the verdict was read.

"I knew Michelle ... If I didn't hug her and hold her close ... There was going to be some screaming of emotion and I didn't want that to happen," Harris said. "I held her tight ... Held her close to make sure that she was OK in the moment. And it was a bonding experience. I gotta tell you I've never hugged a client like that in my life."

Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Follow him on Twitter @TomasFRoBeltran.

This article originally appeared on Fort Myers News-Press: Cold case verdict: Cape Coral woman innocent in Marine's 1997 slaying