OSWEGO -- Testimony from the New York State Police dominated the Alan Jones Trial in Oswego County Court Monday. Jones is accused of second degree murder in the death of his 11-year-old stepsister, Erin Maxwell inside their Palermo home August 29th, 2008..
State Police Investigator Karl Stonebarger was called to the witness stand in Oswego County Court by District Attorney Donald Dodd. Stonebarger testified that when Jones believed that Erin would survive her injuries, Jones became “nervous”, in Stonebarger’s words. Jones’s attorney, Salvatore Lanza, immediately objected to Stonebarger’s statement.
Judge Walter Hafner told Dodd to “explain to your witness that he can’t give opinions.” Hafner then told the trial jury to disregard Stonebarger’s characterization of Jones. Earlier in the trial, Dodd had agreed not to allow such opinions from witnesses as testimony after Judge Hafner pointed out a Court of Appeals ruling that prevented such characterizations as proof of "depraved indifference."
The prosecution contends that Jones’s calm and unconcerned demeanor as Maxwell was struggling for life is proof of “depraved indifference” as outlined in the indictment against him.
Much of the afternoon testimony centered on whether Jones gave conflicting statements to investigators. For instance, Stonebarger said Jones told State Police that Erin appeared to be "standing" by her bed when he entered her bedroom, and later said she appeared to be hanging with her feet off the floor.
Earlier in the day, Trooper Shawn Finkle testified under cross-examination by Lanza how Jones told him that Erin apparently hanged herself while playing with a rope that somehow became entangled on a screw protruding from a window frame. The jury was shown close-up photos taken by Finkle of that screw and the rest of the crime scene during the police investigation. Finkle also mentioned that Jones was calm and helpful when police arrived on the scene to investigate Maxwell’s death.
Lanza contends that the photos of the screw show a piece of thread or fiber attached to it. Dodd got Finkle to point out that the thread is yellow, and does not match the color of the green rope which Maxwell was strangled upon.
Testimony resumes Tuesday.
