Charles Village Court Watch

Markell Shelton Jones is charged with the attempted armed robbery and the murder of Freddie Jones, Jr. (no relation) on October 11, 2011 at Yau Brothers Chinese carryout at 2901 Greenmount Avenue.  Today was the second day devoted to preliminary motions.  The jury is to be picked Monday, and the trial is to proceed thereafter in room 230 Courthouse East before Judge Brooke Murdock.

This morning, Judge Murdock took the bench at 9:33, and the case was called by Assistant State's Attorney Nicole Lomartire a minute later.  The defense attorneys, both Assistant Public Defenders, are Robert Linthicum and Elizabeth Lopez.  Because the defendant was not present, Judge Murdock inquired about how long it would take for the defendant to arrive.  She was told that he would arrive at 10:15, but in fact, he arrived at 10:49.  The court went into recess and reconvened just before the defendant was led in by a correctional officer.  Judge Murdock asked as she has consistently that the handcuffs be removed.

The case was again called, and defense attorney Robert Linthicum called Dr. Michael O'Connell to the stand.  He is a licensed psychologist and is a board certified forensic psychologist.  That field deals with the application of  psychology to criminal law including issues of criminal responsibility (insanity), understanding of Miranda rights by suspects and disputed confessions.  Dr. O'Connell was accepted as an expert witness in the field of forensic psychology.  He was originally retained to deal with the issue of criminal responsibility but was then asked also to evaluate the suggestibility of the defendant.

Dr. O'Connell had prepared a report which included how the defendant would respond to interrogation, and a copy was given to the prosecutor.  Dr. O'Connell had spoken to the defendant, a friend of the defendant and the defendant's great grandmother.  He had not checked school and other records other than some mental health records.

The defendant's IQ is 82 which puts him in the 12th percentile.  He is also low average in reading.  Dr. O'Connell also tested the defendant for memory malingering, and found no evidence of that condition.  In a test of suggestibility, he was quite suggestible and therefore easily capable of being misled.  He has a tendency to show himself in a favorable light, and his mood and relationships are unstable.  In a test of Miranda rights comprehension, he performed in the average range, which Dr. O'Connell also called performing well.  But he noted that that is in a low stress situation.  The defendant was criminally responsible (i.e. not insane).

Jones has post traumatic stress disorder caused by a chaotic early life which had led to a child protective services investigation.  There was abuse in the family, and he described 3 traumatic brain injuries which appear to have been mild.  He had behavioral and academic problems in school.  His non-verbal i.e. spatial relations abilities are much better than his verbal abilities.  His mood is stressed more days than not.  He is defiant, and he has a history of cannabis abuse.

A mental health expert cannot answer whether a confession is voluntary, but victims of abuse tend to be suggestible.  When interviewed by detectives, Jones was avoidance coping, wanted to go home, was sleep deprived and anxious.  Dr. O'Connell noted that one third of false confessions are by juveniles.

In the audio tape of the interview / confession, the detectives did not use any coercive techniques.  Dr. O'Connell's description of what Jones had told him was basically what Jones had testified to yesterday (but since witnesses are sequestered, Dr. O'Connell did not know anything about yesterday's testimony).  Jones believed that he had confessed right away, and was sleep deprived.  But the tape is only a small part of the interview.

At 12:31, court was adjourned until 2.

At 1:58, court reconvened.  Defense attorney Linthicum asked that the statement be suppressed on Miranda and voluntariness grounds.  The defendant said that he had asked for a lawyer, but that is not in the taped part of the interview.  It was a coerced environment.  There is no showing that Miranda rights were actually understood.  Jones had been a juvenile taken into custody and put into a locked room.  Sargent Lloyd had known how to get a statement.  Jones had been a 17 year old in a cold room.  Jones said one thing, the detective said another.

The prosecutor moved to admit the statement.  The defendant was Mirandized.  He wrote a letter prior to the typed statement acknowledging that he understood the Miranda rights.  Detective Lloyd made no promises.  There was a short period of interrogation.  Jones was not deprived of food, slept from 12:10 to 4:10 a.m. that day.  He was given tea.  Dr. O'Connell said his comprehension was average.  His mother gave 3 versions of what happened, and everyone lied to her.  She left at 3:48 and did not come back with a lawyer.  The defendant said that he did not really read the Miranda warning, and that is not consistent.

Defense attorney Linthicum noted lack of sleep, promises.  Only part of the interview was taped.  Why?  The defendant was told what to say.  The mother's phone was not available to her.

Judge Murdock stated that the mother was not credible.  The defendant was confused about what had happened.  There is nothing improper about police saying that they will help,  She would allow the statement.

The prosecutor asked that Dr. O'Connelll's testimony be excluded.  The report is mainly about criminal responsibility.  The jury's job is to decide whether Jones did it and whether the statement is voluntary.  The majority of the report is not admissible.  The only part that may be is the defendant's IQ.  No evidence in the state's case leads to suggestibility.  All that is relevant is the defendant's IQ and comprehension of Miranda.  Dr. O'Connell cannot speak on Miranda comprehension on the day of the interview or on intelligence on the day of the interview.

Judge Murdock noted that Dr. O'Connell had relied on what the defendant had told him.  She would exclude the report by Dr. O'Connell since it was more prejudicial than probative.  No amount of redacting will make it clear to the jury.  She did rule that Dr. O'Connell may testify on the Miranda test (for Miranda comprehension), on IQ, and on susceptibility to pressure.  He may not testify on what the defendant told him.

Next came the motion by the defense to suppress what it called an illegal warrantless arrest.

The prosecutor called Officer Jonathan Walter.  Until he retired recently, he was a community relations officer in Northern District, and now he works for Johns Hopkins University.  He was sworn and stated his experience.  On November 2, he was asked to transport Markell Jones to the homicide unit from the 3200 block of Westerwald.  Jones was handcuffed, placed in a rear seat of the van driven by Officer Walter.  Jones was not under arrest.  It is policy that everyone in the van is cuffed.  There were no leg irons.  The defendant was not free to leave.

Next, the prosecutor called Detective Sargent Gloria Davis, and she was sworn.  On the night of November 2-3, she and others were asked to respond to 3200 block of Westerwald since a person there was responsible for the shooting at Yau Brothers.  A number of officers met in front of Yau Brothers and then went to Westerwald.  There, they met Mark Jones, Sr. (the defendant's grandfather) outside, and Mark Jones, Jr. (the defendant's father).  The grandfather's granddaughters had seen Markell on TV (in the security video from Yau Brothers).  The grandfather expressed concern for the safety of his grandson and escorted four police officers inside.  Their guns were not drawn.  The father escorted his son from the room.  Markell Jones was handcuffed to be transported for questioning.

Detective Sargent Davis said that the father told her he had done the right thing but was not interested in going to homicide.  She told him he needed to go to talk to homicide detectives.  In the car (a marked patrol car), he explained  why he believed his son was involved.  On the night of the incident, his wife had said that someone had been shot at the Chinese joint.  The defendant had said to his father that he had been standing outside the Chinese restaurant.  The father had asked his son whether he had something to do with the incident, and the son had denied it, but the father had known from the video that his son had done it.

Sargent Davis had not placed the defendant under arrest.  On cross examination, Sargent Davis said that 7 officers had responded to the address on Westerwald.

Next, the state called Sargent James Lloyd (who had also testified yesterday), and he was sworn.  He said that he had recovered the video from Yau Brothers, had made copies, and had distributed the video to the media.  Police were notified by the family of Markell Jones turning him in.  At homicide were the grandfather, the father and the mother.  Statements were given by the grandfather at 12:44 and by the father  at 1:16.  The mother had recognized her son in the video and become hysterical.  Sargent Lloyd described what was on the video.  The defendant was arrested about 7 p.m.  About 5 p.m., Sargent Lloyd had spoken to a state's attorney.

A charging document was prepared in the evening.

Finally, the prosecutor played the 911 tape.  It clearly shows the grandfather and then the father saying that Markell Jones was implicated in the incident at Yau Brothers and asking for police to respond.

Defense attorney Linthicum stated that Markell Jones had not been free to leave and that there had been no probable cause for the arrest.  Assistant State's Attorney Lomartire stated that the family had called, and the defendant had been a suspect, had made an inculpatory statement and had eventually been arrested.  Judge Murdock ruled that the arrest had been legal.  That concluded all motions.

Dr. O'Connell will not be available again until Friday next week.  Judge Murdock said that that should not be a problem.  There was a sidebar to discuss scheduling.  At 3:48, court adjourned, and the trial will resume next Monday at 9:30 for jury selection.

Because of another commitment, I will not be there Monday for jury selection, but I plan to be there Tuesday.