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Prosecution rests in Alan Jones murder trial
Posted: 09.18.2009 at 12:44 PM
Jim Kenyon

Jim Kenyon is the Chief Investigative Reporter for CNY Central.

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Updated 5:15 PM

Alan Jones  / file photo
Photo

OSWEGO -- The prosecution in the murder trial of Alan Jones rested its case Friday after calling 20 witnesses.

District Attorney Donald Dodd hopes to convince an all male jury that Jones murdered his stepsister, Erin Maxwell by strangling her with a rope on August 29th, 2008. Dodd had no comment after he wrapped up his case, but defense attorney Salvatore Lanza said the prosecution witnesses, "said nothing in regards to the charge."

Those witnesses included emergency medical personnel who testified about their efforts to save Erin's life after Jones called 9-1-1.

State Police investigators also took the stand to claim Jones gave conflicting statements about Erin accidentally hanging herself when a rope which got stuck on a screw in a window frame.

Former Onondaga County Medical Examiner Dr. Mary Jumbelic testified she found that marks from the rope on Erin's neck are proof she was strangled and not hanged.  Jumbelic also says she determined number of bruises indicate the 11-year-old girl was assaulted.

After the prosecution wrapped up its case, the jury left the courtroom. Then Lanza asked for a dismissal of the charges. Judge Walter Hafner reserved decision.

"I don't believe they've met a prima facia case."  Lanza said to Action News. "Usually with many of the cases I've handled , the Judge denies my application. In this case, the Judge said he's going to reserve. That makes me feel good."

During the trial, outside the presence of the jury, Judge Hafner expressed doubt that the circumstances of the crime meet the standard of proof required in the indictment, murder by "depraved indifference."  Hafner even said Jones could confess on the stand and the jury would still have to acquit.

Lanza began his defense calling emergency medical personnel in hopes of showing they caused injuries to Erin Maxwell in their efforts to save her life.

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