By Jim Kenyon
Friday, November 06, 2009 at 2:12 p.m.
Read more: Local, Crime, "Alan Jones, " "Erin Maxwell, " "Palermo, " "Sentencing, " "Strangulation, "
OSWEGO -- Alan Jones never got the chance to stand in front of Judge Walter Hafner Friday. His sentencing for the strangulation murder of 11-year-old Erin Maxwell was delayed because defense attorney Sal Lanza has allegedly uncovered evidence that the jury deliberations were improper.
Neither Lanza nor Oswego County District Attorney Donald Dodd would discuss the motion to throw out Jones conviction. They said Judge Walter Hafner instructed them not to talk about it, and say the Judge will not release the motion papers to the public. Inside the courtroom, Lanza told the judge that jurors "reached out to him" because they felt Jones was not guilty. Lanza said they told him about "what happened inside the jury room" during deliberations. He said a deposition is included in his motion papers.
When pressed by reporters for further details, Lanza said the judge may have to order a hearing on his motion to toss the verdict and "individuals may have to be subpoenaed." Lanza added, "then the judge will rule whether or not sentencing is even going to take place."
Unless Hafner sets aside the verdict on November 16th, Alan Jones faces a sentence of 25 years to life. He was convicted of strangling Maxwell, who died August 30, 2008. Jones told police she accidentally hanged herself.
On September 24th, after nine hours of deliberations over two days, the jurors told Judge Hafner they could not reach a verdict. After being instructed to resume deliberations anyway, the jurors came back with a guilty verdict just two hours later.
Erin's parents, Lynn and Lindsey Maxwell were not home at the time of her death. They are serving two years each for locking the girl in a home full of animals, garbage and feces.
