Ocala death penalty trial: The defense starts presenting its case
Assistant State Attorney Amy Berndt described the horrific deaths of Michael Jones' wife and the four children they shared as part of a "summer of violence."
Berndt, who along with Assistant State Attorney Rich Buxman is overseeing the case against the 41-year-old Summerfield man, said Jones used text messages and Facebook to conceal what he did to his family. She told jurors that Jones "methodically murdered" the children.
The prosecutor's comments were from her opening remarks to jurors nearly a month ago. The state rested its case after three days in December. On Thursday, following the Christmas and New Year's break, the trial resumed with the defense presenting its case to the jury.
Lawsuit filed: Wrongful death lawsuit filed against Marion County gas station owners and manager
Ocala homicides:Two killed, four injured in New Year's Day shooting in Ocala
The state rests:State rests its case in penalty phase for man who pleaded guilty to five murders
It seeks to show the 13-member jury that Jones isn't a heartless killer and that his life should be spared. Jones has pleaded guilty in the case; the only issue left is whether he be put to death or serve life in prison.
Jones pleaded guilty in November to four counts of first-degree murder of the children: Cameron Bowers, 9; his brother, Preston Bowers, 4; and sisters Mercalli Jones, 2, and 11-month-old Aiyana Jones. He also pleaded guilty to one count of second-degree murder for the death of his wife, Casei.
The younger children belong to the couple, and the older children were from Casei Jones' previous marriage.
Jones said he killed his wife first, repeatedly hitting her with a metal baseball bat. He said he killed each child on different days and times, by strangling or drowning them.
The bodies of the mother and her children were kept together for weeks. During that time, prosecutors said, Jones deceived family members and others about the victims' whereabouts. Investigators believe the victims were murdered between July 10 and the end of August 2019.
In the penalty phase, the prosecution tries to establish aggravating factors that support imposing capital punishment, while the defense tries to prove mitigating factors that support life in prison. The jury eventually will vote on a sentencing recommendation.
The defense, led by Executive Assistant Public Defender John Spivey, with Morris Carranza and Amanda Sizemore assisting, spent Thursday showing the jury the difficulties their client had growing up in Vermont, his unstable life, and the mental and physical abuse he endured.
Witnesses for the defense
Defense lawyers Carranza and Sizemore took turns questioning their witnesses, which included family members, about Jones. The defense also had an expert who talked about Jones' mental state.
Dr. Roberto Zori, who specializes in genetics at the University of Florida, told the court that when he first visited Jones, he appeared paranoid. Skeptical, Jones refused to be interviewed, and Zori left.
Zori returned several months later and noted that Jones' attitude was different. Zori said Jones apologized about the previous visit and was more receptive.
Zori's theory is that Jones' genetic mutations made him vulnerable to aggressive/violent behavior and mental illness with psychotic behavior.
Under cross-examination by Buxman, Zori said everyone has genetic abnormalities.
The court also heard from a former Vermont law enforcement official, Sheila Prue. She said her agency had responded to Jones' family home in Vermont numerous times when he was growing up.
Prue said the home where Jones lived was "dark and dreary." She said Jones' stepfather never allowed law enforcement officials to enter the residence, and the children were rarely seen. He hardly allowed Jones' mother to speak and she seemed timid and scared, Prue said.
Jones ran away from home. When he was found, he told law enforcement officials about being sexually abused by an uncle when he was about 5.
The prosecution asked about the calls and was told most were made by Jones' stepfather complaining about the neighbors. The court was told law enforcement officials were never notified about any abuse committed by Jones' stepfather, or Jones' mother making any reports of abuse. She never showed any signs of physical abuse.
Other defense witnesses
Dorothy Camp, a business owner who once lived close to the Joneses in Vermont, told the defense that Jones dated her daughter on and off for four years. Camp said Jones adored her daughter, and was very good to her. She said Jones was a respectful, kind person who wasn't violent.
Camp said Jones was worried about his mother and siblings. She said it appeared he never wanted to go home. She said the killings are not in character for Jones and she still loves him.
Asked by a prosecutor if Jones showed any type of mental illness, Camp said no. She said he was a normal person and she felt safe when her daughter visited Jones at his residence. The woman also said Jones' stepfather never made any romantic overtures toward her daughter.
Roxanne McDurfee took the witness stand and told the court she didn't want her son visiting Jones at his residence without her. She said she was told Jones was beaten with a belt if he was late from school or walked with them to school. Once, she said, Jones' stepfather locked Jones in a shed for punishment.
Questioned by the prosecution, McDurfee said she thought the Jones family was normal. She said she had eaten dinner with them and that they lived in a good neighborhood.
Jones' family members take the stand to defend him
A cousin, Missy Hatfield, and Jones' stepbrother, Dana Waterman, said Jones was abused as a child. It was the first time since the trial began in December that Jones' family and friends have appeared in court for Jones.
Waterman said his father, who's Jones' stepfather, once beat him extensively. He said "I can't stand the man," and went into detail about molestation his father perpetrated. He said his father went to prison for the molestation, and the family is torn apart because of it.
He said his stepbrother is a loving, supportive brother and was by his side when he went to prison. He said he loves Jones and would want to have contact with him if he spends the rest of his life behind bars.
Hatfield said Jones protected the girls and would take beatings for them. She said Jones' stepfather was a worthless man who never worked and Jones' mother worked two jobs to support him.
Another juror excused
Raul Banasco, a jail expert and consultant, said Jones would be productive if he's sentenced to life in prison. He said Jones would be able to work in accordance with his skills.
Banasco said he has reviewed Jones' record while he has been incarcerated and Jones doesn't have any disciplinary actions against him, which he calls rare.
Banasco was asked by a prosecutor if he had interviewed any of the detention deputies who interacted with Jones. He said he had not.
He said Jones has never applied to any of the programs offered at the county jail. The defense countered by saying the COVID-19 virus forced jail officials to abandon programs. The programs have since resumed, but have been limited.
Although Jones has read some self-help books to help him spiritually, he hasn't attended any church services, according to testimony presented in court.
The case resumes Friday with one fewer juror. Before the break, Circuit Judge Anthony Tatti excused one juror who had a scheduling conflict. A second juror has been released because the effects of an illness.
Contact Austin L. Miller at austin.miller@starbanner.com or @almillerosb
This article originally appeared on Ocala Star-Banner: Defense for man who killed wife, four kids begins presenting case
