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A TRIAL, it is said, is not about the truth, but about whose version of it emerges from the admissible evidence as more persuasive. It is, least of all, about knowing the accused. "A Criminal Injustice" (Marty Tankleff Story)

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BRETT ALEXANDER JONES had turned 15 years old just 3 weeks before his grandfather was killed on Aug. 9, 2004. Brett was preparing to start high school and was about to go school supply shopping with his grandfather, Bertis Jones and father, Tony Jones when Tony finished work at 4:00p.m. According to court testimony, Bertis entered the kitchen where Brett was eating a sandwich and said he had called Tony’s work and discovered Tony wasn’t at work that day and wanted to know if Brett knew where he was. Bertis started ranting and raving about how Brett’s Dad was a total f*ck up and so was his mother and it was Brett’s fault that Tony ended up in prison for 5 years on DUI charges and had a drug and alcohol problem (what young Brett had to do with Tony's drug and alcohol abuse is anyone's guess). (According to testimony, Brett’s Mom had moved numerous times taking Brett and his brother to get them away from the violence). Brett sassed back in defense of his parents and an argument ensued where Bertis attacked Brett with his fists. Brett was cornered in the small kitchen with Bertis, raging and swinging at him. Scared, he grabbed a knife he had used to make the sandwich and held it out at Bertis as he kept coming at him. Brett said Bertis had changed into someone he did not recognize as his grandfather. His eyes became black and hollow and his face changed and Brett was scared of him for the first time. He had become monstrous. Bertis is 6’3” and weighs 180 lbs; Brett is 5’7” and weighs 125 lbs. The fight continued, Brett trying to get around Bertis but he grabbed him and they fell to the ground and Brett was in a chokehold and in fear for his life. He was just trying to get his grandfather off of him. Brett had to kill or be killed. He said in his testimony that he could find no way out.

On Nov. 5, 2004 Brett Jones pled NOT GUILTY to an indictment of capital murder. Unable to post the $250,000 bond, barely 15 year old Brett sat in Tupelo/Lee County Adult Detention Center until his trial in May of 2005. It took weeks for Will Bristow (Brett’s court appointed attorney) to be given a private meeting with his client. Prior to that when Bristow attempted to see Brett the Sheriff’s Department monitored and/or recorded all they said (prison phones are recorded and that was how they were ordered by the facility to communicate). Eventually Brett was transported to a separate location to have a private meeting with his attorney.

Neither parent was notified Brett was in custody. Brett's Dad found out through the local TV coverage. Both parents were denied all access to their minor child, Brett was denied access to his parents even though he was asking for them. In the days that followed his arrest, Brett's mother was told by Officer Steve White she could not see her son until after the Grand Jury met in October; it was August. A newspaper reporter asked Sheriff Jim Johnson why Brett was not being given the same rights as the rest of the prisoners including visitation, recreation and phone calls. Johnson recanted saying Brett could have visitation but unfortunately his Mom missed the visitation day and it was too late for the 72 hour sign up required. At this point Brett had not seen either parent since his arrest, even though the parents had asked to see him. Approximately 10 days later when Brett's Mom finally got to see her son through glass he had a broken lip; dark circles under his eyes; had been living in a paper gown (was freezing with AC blasting on him); was under suicide watch; had no items for personal hygiene; had not been allowed a phone call for what turned out to be 16 days; had not been allowed outside for what turned out to be 37 days; had been violently ill and had been denied medical care. His Mom felt he was in shock.

At the time of arrest, no one was notified Brett was in custody. From the time of arrest until weeks later, Brett had not seen a parent. A statement claiming self defense was recorded (but not videotaped) at 12:20 am on the night he was arrested. The "statement" begins with: "Alright, Brett...Let me-I'm going to start over again with your rights here..." It was used in court. Brett had sustained injuries at the jail, the family requested a photographer but no one ever showed up. He was injured when they finally saw him and was living in a paper gown, had been violently ill was freezing cold causing nosebleeds, had requested medical help but none was given. Judge Sadie Holland remarked after Brett's initial hearing to read him his charge that he had no idea what he was being charged with and hung his head when he was told capital murder. Judge Holland commented to Brett's Mom later that she thought he was in shock. Brett was alone, confused, and injured. His parents were not at the hearing, not being told what time it was at.

Newspaper reporter, Leesha Faulkner, asked Brett's mom to bring her a "good" picture of Brett because all she had to run was the morning after the arrest picture where he was bruised (around his neck), tired and dirty.

FROM BRETT'S TESTIMONY:

BERTIS JONES had been to a doctor that spring because his family, mainly his wife was concerned about his violent outbursts and depression (Brett was in Florida and had not been living there then). Family members, including Bertis' mother and wife, had noticed and were scared of him and did not want the grandchildren around him. He refused to see a doctor and jumped out of the car at one point when he realized he was being taken to a doctor. Bertis had been hospitalized years earlier with mental illness. According to Madge, his wife, it had recurred a few times after that. Madge Jones, his widow and Brett’s grandmother had said Bertis could not take stress of any kind partly due to his service during the Viet Nam war as well as the death of a son in a car accident a few years earlier. None of Bertis Jones medical history was ever introduced in court although medical records were available and key witnesses were willing to testify.

MADGE JONES, the widow and Tony Jones, the son were scheduled to testify to Bertis Jones' violent and abusive outbursts, emotional instability and medical history, but were never called. The first time Brett's court appointed attorney Will Bristow ever interviewed Madge Jones was for 15 minutes after the trial had started in a room directly off the courtroom; that's when he decided she would not make a good witness(though over 9 months she had made it clear she had wanted to talk to the lawyer because she felt her grandson was innocent). No prior attempt was ever made in 9 months to interview Madge, a key witness for Brett. Brett's grandmother has stood behind Brett 100% and says if anyone was attacked it was Brett. She was stuck in a closet along with Brett’s Dad who was also scheduled to testify, but was also stuck in the same closet, literally a large closet containing brooms, mops and cleaning supplies. They were kept there throughout the 2-1/2 day trial until the closing arguments and sentencing. All they heard were the closing arguments and their beloved son and grandson being sentenced to natural life in prison at 15 years old and whisked off immediately to prison. (When Madge Jones entered the courtroom for the first time the last day for closing arguments, the first thing she noticed was that one of the jury members was a friend of Michael Jones, her son, who had sworn publicly Brett would never breathe another breath of free air again. She told Brett's attorney, nothing was done). Madge has said that she regrets always chalking Bertis' behavior off to "nerves" and not trying harder to get him help when relatives (including Pat Jones) and friends were making comments that Bertis had lost his mind. Madge was willing to testify at Brett's trial and just recently 4 years later testified at his evidentiary hearing. She is convinced her grandson was attacked by her husband. She has no doubt that her husband was capable of hurting someone if triggered and she feels he was triggered that day. She has said she knew it was inevitable it was going to happen eventually. Both Tony and Madge Jones have given powerful affidvits describing Bertis' behavior and state of mind in his last years.

PAT JONES, Madge Jones' daughter-in-law married to her son Mike Jones feels she is a victim of Brett. Mike Jones is on record saying Brett will never breathe another breath of free air. Pat Jones has called and written to Madge urging her not to defend her grandson, say anything negative about Bertis or tell the truth about what she knows and believes about her own husband. Pat makes Madge feel if she defends Brett she will be responsible for tearing the family apart. She has made it difficult for Madge to testify because she threatens to cut her off from her grandchildren. In spite of the coersion and guilt Pat Jones heaps upon Madge, she finally got the chance to testify to what she knew to be true. She courageously took the stand at her grandson's Dec. 3, 2008 evidentiary hearing scheduled by Judge Gardner after the Mississippi Supreme Court granted Brett leave to go back to trial court after a PCR filing showed SUBSTANTIAL rights violations. She testified to Bertis' pattern of erratic emotional behavior which had noticibly worsened in the months before his death. She testified that Bertis' mother and Madge wanted him hospitalized or to at least see a doctor. Both had noticed Bertis' behavior had become odd and frightening, especially to Madge who lived with him. Madge did this in spite of Pat Jones facing her on the opposite side of the witness stand where she sat with her children- Brett's cousins- and Victim's Rights folks apart from other family and friends supporting Madge. It is what Madge chose to do, has waited to do and wanted to do for Brett for 4 long years. Madge has consistently backed up Brett, in spite of Pat and Mike Jones threatening her and accusing her of tearing the family apart. She says Pat was always voicing her opinion about Bertis being "crazy" and "out of control" before he died, but conveniently forgot all that when Brett was accused of murder. Pat and Mike consider themselves victims of Brett Jones. Mike Jones had not lived at home with his father for many, many years and according to Madge did not know the extent of Bertis' emotional and behavioral problems.

MICHELLE AUSTIN, an abused 15 year old run-away. She lived in the same apartment complex as Brett in Jupiter, Florida before Brett went to stay with his Dad in Mississippi for the summer. She showed up one day at the Tupelo bus station and called Brett to tell him she was there and to come pick her up. He had not been involved in helping her get there other than she had told him her mom had beat her up and she was coming. She left in the middle of the night from her home in Jupiter. Her mother reported her missing. Brett's Mom suggested to the Jupiter police that she may have gone to Mississippi to see her son since they were neighbors and good friends at the same housing complex. No one ever contacted the Jones family in Mississippi about her possible whereabouts. The 15 year old middle schooler hung out there for almost 3 weeks. Neither the authorities, her mother nor any other adult ever tried to locate her after she went missing in Florida, even though she was right under everyone's nose. Basically, Brett took her under his wing after she told him her mother had beat her.

She was picked up with Brett the day Bertis was killed. She was held in a Mississippi detention center under THREAT of indictment for accessory to commit murder. Authorities lied when they stated publicly that Michelle had returned home to Florida after Brett was arrested, but admitted they were holding her when confronted by a reporter as to whether she was still being held. Austin was not formally indicted until 8 months later in April of 2005 as Brett's trial was closing in. After being held for 9 months (8 months without formal charges) and professing Brett's innocence the whole time, Michelle flipped the night before Brett’s trial and for the first time said he told her he was going to hurt his grandfather. Her original statement to police before they accused her of lying was that she was sitting on the couch in the living room when Brett was being attacked by his grandfather. A filet knife was found on that couch and blood spatters on the wall nearby where she stated she was. The day before Brett's trial, Michelle cut a deal with the DA and testifed to the State's theory of events, that Brett "murdered" his grandfather. They used "Dr" Hayne to back her up. She testified and was released on 5 years probation and headed back to Florida. She admited on the stand she was lying and was trying to get home to Florida. According to Michelle’s testimony, she was in the woods and Brett came out there and told her he was going to hurt his grandfather because he was mad at him. When she asked him if he was going to kill him, she conveniently said he didn’t answer. No answer gets her off the hook nicely for accessory to murder which is what the state was holding over her head and promised to let her go home if she testified to what they wanted her to say. She did. This was her third version of the story, and the first version that had Brett as the killer. But, she had maintained for 9 months that Brett was innocent. Michelle’s original statements to the police on the night she was picked up, when she was not under indictment or under any threat of prison, or under any threat of Brett, were that Brett did not kill his grandfather, but that Frisco did. She said Frisco had blood on him. She also said that Frisco, not Brett, had talked about killing Bertis. She said Frisco killed Bertis and framed Brett. Bertis had run Frisco off his property that morning threatening to “beat his ass” if he came back. Frisco did come back, Frisco was beat up, but said Tommy LaCastro had beat him up for calling 911. A strange reason to beat someone up, indeed. Trial transcripts show that Michelle admitted on the stand that her testimony was lies and was to "save her own butt" and get back to Florida. She admitted under oath that Brett was her ticket home and that her testimony was lies. So, the prosecution contends that Michelle lied in her original statements (that Brett was innocent)when she was under no threat, not under indictment or facing prison and only wanted to get back home; but she told the TRUTH (that Brett planned the murder of his beloved grandfather) when she was under threat of a long prison sentence.

Michelle's bloody pajama pants were found in a closet and entered into evidence. A bloody ripped up white tank style undershirt was found. Apparently we should believe All three shirts were worn by Brett. The dark blue t-shirt was not torn at all but the undershirt he supposedly had on under the blue shirt was torn up. How did the undershirt get torn but the top shirt did not? Brett gave his grandfather CPR getting blood on his blue shirt and pants, neither of which was ripped or had much blood on them. Since when does a boy wear 3 shirts on a hot August day in Mississippi? No evidence was ever tested. No one tried to match up the shirts to anyone. And Michelle was in the woods according to her 3rd and final story. And there was a sandwich with one bite taken out of it undisturbed on the table in the tiny kitchen where the supposed attack took place that all agreed was Brett's sandwich. After trial when Brett and his Mom were discussing the officer on the witness stand taking the knife out of the box with his bare hands thus tainting it (the knife found where Michelle said she was sitting), Brett said that his prints would not be on it. Michelle shot Brett with a .22 a couple of days before Bertis died, apparently out of jealousy. He took the bullet out of his leg himself as a friend took the gun from Michelle.

FRISCO (Robert Rufner) was a 19 year old drug addicted ex-con living next door to Bertis who was taken in by Tommy LaCastro to help around the property. He testified that he called 911 in hysterics after seeing Brett covered in blood holding a bloody knife and saying "kill, kill". Unbelievably, this came after Brett tried in vain to save his grandfathers life trying to administer CPR and getting blood on him in the process. So, he must have given CPR, then picked the knife back up, stumbled over to Frisco's property and did his best Jason routine. Both knives were found in the house, one laying in the sink (where he made the sandwich) and the other on the couch where Michelle said in her statement she was sitting. So he must have given his grandfather CPR (which he definitely did), picked the knife back up and proceeded to stumble over to Frisco then brought the knife back into the house and put it in the sink, instead of throwing it in the pond which was right next to where he would have been doing his best Jason impersonation. Neither knife was ever tested for blood evidence. Brett has said Frisco's testimony was all lies. Ex-con Frisco was beat up. He claimed in his testimony as does Tommy LaCastro that Tommy beat him up simply for talking to Brett and running in the house and calling 911. Supposedly he beat Frisco because he didn’t want any trouble. Why would calling 911 be trouble especially if he encountered the scene he said he did? Both nervously repeated that over and over in their testimony. Or did Frisco get his bruises and wounds for other reasons or due to a fight with Bertis either earlier in the day or when Bertis was killed? Frisco’s testimony is most troubling and makes no sense. At some point before Brett went to trial, Frisco was arrested on alleged drug charges and put in a cell with Brett while Brett was awaiting trial. Soon after, the drug charges on Frisco were dropped and Frisco agreed to testify against Brett at trial.

DR. STEVEN HAYNE, who for 20 years has been passing himself off as a certified forensic pathologist, was the Medical Examiner and only so called "expert" in Brett’s case. He testified for the prosecution as an expert in forensic pathology even though he doesn’t qualify by Miss. Code Ann. 41-61-55, which states you must be certified in forensic pathology by the American Board of Pathology. It's been reported his certification is from the American Board of Forensic Pathology which has ceased to exist since 1995 but he continued to testify to those credentials under oath. Dr. Hayne walked out on the exam stating the questions were absurd. He then got his certification through a mail order college, which is not recognized by the ABP and when recently asked the name, said he’d forgotten(link to article on Dr. Hayne's fraudulent qualifications http://www.reason.com/news/show/122458.html or see above blog). Dr. Hayne testified that Bertis’ wounds were defensive even though Bertis was swinging his fists at Brett according to Brett’s testimony. The family reported wounds on Bertis' knuckles; the newspaper reporter in contact with Brett's Mom confirmed that Brett's morning after the arrest picture showed bruises on him, which is why she asked for a better picture to run. Hayne determined cause of death to be homicide based on the number of stab wounds and that they were defensive posturing wounds. Out of 8 stab wounds 7 were less than 1/8 inch deep and one was fatal. If Bertis was covering his face with his hands defensively, how did he get wounds on his face? (There were at least two). He characterized the 1/8 inch wounds to be malicious and depraved therefore classified the death as homicide. He came up with cause of death as homicide with no scientific fact to back it up other than what he thought were defensive wounds. No other testing or forensic examination was done on the wounds or body. He passed off his opinion to the jury regarding something he didn’t know to be true with no scientific or imperical data to back up his opinion. Dr. Hayne was the only expert called. Brett was being attacked by a grown man in a rage due to mental illness and had to fight for his life, yet Dr. Hayne said it wasn’t so. He gave his account of what happened as if he were there, yet did not even test the brain of the attacker, even though mental degeneration (dementia) was reported present by immediate family and their doctor. Taking brain tissue is part of the forensic pathologist's job, especially important when it is a self-defense claim based on dementia or mental illness. The prosecution used Dr. Hayne to put forth his "expert" opinion of their theory to the jury about who was being attacked by who based on his examination of the wounds. Yet no indepth examination of the wounds was performed (tying wounds to a type of knife and a knife to fingerprints; no fingerprint testing was done. In fact no evidence tied Brett Jones to the killing of his Grandfather). Dr. Hayne has been discredited by the Mississippi Supreme Court in the Edmonds v Mississippi case, the court stating:

The Innocence Project has filed a 1,000 page complaint to revoke the medical license of Dr. Hayne based on numerous violations one being his claim under oath that he performs 4,500 autopsies per year, well over the 350 recomended by the board.(http://innocenceproject.org/Content/1272.php)

-One day into the trial, unedited copies made by the DA of Brett's statement were "accidentally" passed out to the jury with redacted information. No mistrial was called.

-Brett's coerced statement of self defense is all that links him to the death of his Grandfather. He said he feared for his life and was scared.

-During Brett's interrogation without parent or lawyer present, Lee County Sheriff Jim Johnson told him he was charged with CAPITAL murder, assault, trespassing and kidnapping. He also told Brett that Michelle was charged with accessory after the fact and trespassing. Frisco was charged with the same as Michelle. He told Brett they would convict him and within a year he would be executed "with a needle in his arm". He told Brett if he would confess, he would drop the charges on Michelle and Frisco, plus drop all the other charges on him except just murder. Brett said they rehearsed his statement several times before they recorded it. You can hear at the beginning of the taped confession "now to continue".... Johnson promised him if he would tell them everything he would go easy on him.

-Brett’s statement was obtained without parent or lawyer present; absolutely no friendly face was present, not only at the initial interrogation, but for the following weeks. Brett's Mom was told by a deputy she couldn't see him until after the Grand Jury Indictment, which was in October.

-Barely 15 years old, hungry, thirsty and in shock, the sheriff interrogated him first and told him that when they met with the investigators and recorded it, only to answer the questions they asked and not volunteer any details or explanations; "not a novel" he was told. So Brett was instructed to leave out any details that supported self defense then at trial the prosecutor blasted him for not mentioning those details in his statement when it was fresh in his mind. Brett said he thought he had to talk to them. Jim Johnson told him that he had to and it was just preliminary and would get to the "other stuff" later. Brett did not understand that he was waiving his right to remain silent because the adults were telling him otherwise. So after not having eaten all day or being offered anything to eat or drink by interrogators, at 12:20 a.m. Brett gave a statement, which starts out "let's continue.."

-From 15 year old Brett's Testimony

-The diagram of the house layout drawn up by the police and used in court was wrong and was not objected to by the defendant's lawyers, but pointed out by Brett in his testimony.

-A pretrial motion was filed to suppress Brett’s confession but was never followed up on by his attorneys. At trial, the motion was withdrawn without explanation.

-None of the evidence, including blood, knives, clothes, etc, was ever tested by the Mississippi Crime Lab. All evidence was returned after 9 months from the Mississippi State crime lab with original seals still in place and the explanation that they hadn't had time to test any evidence before the murder trial. No serology, fingerprints, or forensics were done on the knives to even link the knives to the wounds or Brett.

-Only a few drops of blood and a supposed blood smear on a wall were found in the house including the locations where the 8 stab wounds were alleged to have occurred, one allegedly fatal.

7 of the 8 stab wounds were less than one-eighth inch deep (suggesting self defense) and one was fatal (showing desperation). -No trail of blood from the dining room, where Bertis supposedly sustained a fatal stab wound out to the carport where he collapsed and died in a pool of blood while Brett tried in vain to save his life.

-His grandfather's blood in his hair and his mouth Brett tried in vain to save his grandfather giving him CPR and yelling for help. His grandfather died in his arms as he was trying to save him.

-A sandwich was found sitting undisturbed on the kitchen table where Brett left it as if he had been distracted by something happening outside the kitchen.

-Brett testified that the knife was already bent. He told me it was bent from trying to get mustard out of the jar. Were other knives in the kitchen also bent that way? Dr. Hayne said it bent hitting bone and cartilage. This from a discredited fraudelent medical examiner, who's known to say what the prosecution wants him to say-see above article. A knife hitting living bone and cartilage would not bend since the bone & cartilage would be soft on a living person and would chip the bone and rip the cartilage of which Dr. Hayne had not reported in his autopsy. Furthermore, the bent knife was the one found on the couch where Michelle said in her original statement to police she was sitting listening and frightened to the argument happening in the kitchen.

-Brett’s grandmother Madge sat at the table earlier in the afternoon talking to Brett about Michelle and what they could do to help her. Brett was concerned for her safety in Florida because she had been calling him complaining she was being sexually and physically abused by her mother’s boyfriend. That is why she had run away and Brett was harboring her in the fish house near the property. Madge suggested getting her some help. That was an hour before she went to work at Wal-Mart at 3:00 pm leaving Brett alone with his grandfather. She said Brett was his usual self. She saw no difference in his demeanor or personality that day. In fact no one did. The neighbors included. He was not angry or argumentative or different. He worked all day around the property and for his neighbor Tommy LaCastro. He was looking forward to getting his school supplies with his Dad and Grandfather at Wal-Mart where his Grandmother worked. He checked with his Grandmother before she left for work on what to wear so he would look good when he went to her workplace. She did say before she went to work she hid the phone bill that came in the mail that day from Bertis because she was afraid what he would do if he saw how high it was from Brett calling his Mom and accepting collect calls from Michelle back in Florida. Bertis was dead an hour later.

-Bertis was not mad about Michelle being there, but said she had to leave. He was angrier at Frisco being on his property than he was at Brett for having Michelle in the house.

-Tommy LaCastro told Brett’s Mom after he testified he was sorry he HAD to testify against Brett and felt bad because Brett was a good kid and had helped him a lot all summer.

-Tommy LaCastro trying to get his kids back and didn’t want any trouble beat Frisco up supposedly for seeing Brett and calling 911. Tommy LaCastro trying to get his kids back, was he afraid he wouldn't if he didn't testify for the State?

-Madge Jones, Brett’s grandmother said she was afraid to get out of her car at night when she returned from her job at Wal-mart late night because Frisco scared her and he sometimes was lurking around and she knew he was a drug abuser.

-Brett had no criminal past, was non-violent and was accepted into the gifted program at the schools he attended. He is a gifted artist and has a high IQ.

-Beth Barnes, Brett's 7th grade English teacher at middle school in Shannon, MS said he was a bit of a loner, but a very bright student.

Called "Breo" by her and others she said,

"Breo's writing was about things, his imagination was just out there," she said. "He was just creative, like he had all this stuff inside him."

Barnes said he enjoyed poetry too. She said he may have even been in the gifted program, but she couldn't recall. She said that she never had discipline problems with him.

"He was a little different," she said. "He was not Goth. He was just an individual, a nonconformist. This just breaks my heart."

-Brett’s grandmother, father, brother and mother all believe that IF Brett killed his grandfather, it was in self defense. None believe the prosecutions theory of premeditated murder. In fact, many believe Brett is covering for someone; someone he loved very much.

-No witnesses were called in Brett’s defense, including 2 key witnesses (Brett's grandmother/widow and his father). He was the only witness testifying on his own behalf. He explained in his own words what happened. It killed his soul to be in a kill or be killed situation with someone who had never hurt him and had always been gentle and loving with him. He loved his grandfather and tried to save his life. He was raked over the coals by the seasoned prosecutors. The prosecution presented 13 witnesses including an admitted liar and abused 15 year old runaway under indictment and facing prison time; an ex-con, drug addicted jailhouse snitch; and a discredited Medical Examiner. The jury bought the prosecutions story and believed their questionable witnesses. Brett was convicted beyond a reasonable doubt of "planning" his grandfather's murder on the false testimony of the only person who testified hearing it, an abused, scared, runaway 15 year old girl under indictment for accessory and held 9 months in a Mississippi prison until she agreed to testify for the prosecution. Brett had no criminal record, was non-violent, had no ill will toward his grandfather and loved him dearly, was looking forward to starting school and getting his supplies, was concerned about Michelle’s well being, was a little more than half the size of his grandfather and was a gifted student in school.

-Brett has said that he would like to get a new trial if it comes his way, but he is more interested in having the public know that he loved his grandfather and did not mean to hurt him than obtaining his freedom. Brett loved his grandfather and wanted to be like him when he grew up.

-"Why didn't she just tell the truth?"-Brett Jones referring to Michelle

EXCERPTS FROM MICHELLE AUSTIN'S TESTIMONY

4 Q. And in that statement you gave some statements
5 about Frisco having been in an argument with Brett Jones’s
6 grandfather?
7 A. Yes, sir.
8 Q. What did you tell them about Frisco?
9 A. I told them about Frisco, that they had some
10 arguments about being in his property. And I recall his
11 granddaddy saying to get his butt off his property before
12 he kicks it.
13 Q. Was that true?
14 A. Yes, sir.
15 Q. What part did you tell them about Frisco that
16 was not true?
17 A. That he had blood on him.
18 Q. And why did you tell the police that Frisco had
19 blood on him when he didn’t?
20 A. I told him that he had blood on him because for
21 one thing he’s the one who got the idea of killing. From
22 what I recall from walking with Brett, he told me that
23 Frisco wanted --
24 MR. LAHER: Your Honor, may we approach?
25 THE COURT: Do you have an objection,
26 Counsel?
27 MR. LAHER: Yes, sir, discovery violation,
28 but I’d like to approach the bench if I could
29 before the examination continues.

7 Q. You told the police then that Frisco and Bertis
8 Jones got in a fight, didn’t you?
9 A. Yes, sir.
10 Q. All right. Let’s go one step further than that,
11 Michelle. At the juvenile detention center that day you
12 told the police that F’risco stabbed Bertis Jones, didn’t
13 you?
14 A. No, sir.
15 Q. If you’ll look at Page 6, Line 25, MA is your
16 initials, is it not?
17 A. Yes, sir.
18 Q. And the line says, Got hurt, question. The
19 answer, He got stabbed by Fri sco.
20 A. Yes, sir.
21 Q. Now, let’s go another step further than that.
22 After you told that F’risco stabbed Bertis Jones, then you
23 said that you thought that Frisco tried to frame, was
24 trying to frame Brett?
25 A. Yes, sir.
26 Q. That’s what you said?
27 A. Yes, sir.

AUSTIN-CROSS 161
7 Q. Because, Michelle, you know as well as I do--
8 you and your attorney are aware of plea bargaining aren't you?
9 You know what it is, don't you?
10 A. Yes, Sir.
11 Q. You know about cutting deals, don't you?
12 A. Yes, Sir.
13 Q. A deal was cut where you're asking for leniency
14 from them, right?
15 A. Yes, Sir.
16 Q. But to get leniency from them you've got to get
17 there, right?
18 A. Yes, Sir.
19 Q. You're willing to lie not to go to Florida, and
20 are you telling this jury that you're not willing to lie
21 to keep from going to jail?
22 A. I'm not willing to lie, sir.
23 Q. You gave this new statement. Was it this week
24 or it was late last week, wasn't it?
25 A. Yes, Sir.
26 Q. Brett Jones has been on this docket, has been in
27 jail since August, just like you right?
28 A.Yes, Sir.
29 Q. Been in jail all this time, all that time and

AUSTIN - CROSS 162
1 then it just so happens that hours before his trial, hours
2 before his trial you come up with this new and improved
3 statement, right?
4 A. Yes, sir.
5 Q. This new and improved statement that says, I was
6 scared of Brett, Brett told me to stay, Brett said he
7 wanted to hurt his granddaddy. Those things only came up
8 hours before this 15 year old is going on trial for
9 murder. Isn’t that true?
10 A. Yes, sir.
11 Q. They just have come up, right?
12 A. Yes, sir.
13 Q. They came up, Michelle, because you know he i.e
14 your ticket out of this mess, isn’t that true?
15 A. Yes, sir.
16 Q. You said yes, sir, didn’t you?
17 A. Yes, sir.
18 Q. In this new version, Michelle, you say that
19 Brett said that he wanted to hurt Bertis Jones, and you
20 say that Brett said that he -- you asked him, Are you
21 going to kill him, and he didn’t respond. That didn’t
22 come up in August, did it?
23 A. No, sir
24 Q. Didn’t come up at the Nettleton gas station
25 A. No, sir.
26 Q. Didn’t come up at the juvenile detention center
27 on August 10th?
28 A. No, sir.
29 Q. It didn’t come up in September?
1 A. No, Sir.
2 Q. October?
3 A. No, Sir.
4 Q. November?
5 A. No, Sir.
6 Q. December?
7 A. No, Sir.
8 Q. January?
9 A. No, Sir.
10 Q. February?
11 A. No, Sir.
12 Q. March?
13 A. No, Sir.
14 Q. April?
15 A. No, Sir.
16 Q. May?
17 A. No, Sir.
18 Q. May. Hours before his trial all of a sudden
19 you're saying, yea, he came over there and he was mad
20 He was upset with his grandfather, said he wanted to hurt
21 him. Isn't that right?
22 A. Yes, Sir.
23 Q. Here it is, 15 year-old kid fixing to go on
24 trial for murder and a girl who would lie repeatedly, I
25 need another blackboard, a girl who would lie, lie, lie,
26 lie, lie, lie, just to keep from going to the Sunshine
27 State of Florida, and now she's lying to keep from going
28 to the penitentiary. Isn't that right?
29 A. Yes, Sir.

17 Q. And he -- you tell him, He didn’t do it. He
18 didn’t do it. That’s what you told him, isn’t it?
19 A. Yes, sir.

15 Q. He said, All right. Did you come out of the
16 woods with Frisco?
A.Yes, I did
17 Q. So had you started telling the truth then?
18 A. Yes, sir..

*Michelle & Frisco came out of the woods together at some point. Frisco never mentions that. He was never there according to his testimony.

*Michelle's unsolicited testimony states she had blood on her and had to change her clothes. She explains it came from giving Brett a hug, although the blood would have been dry by that time. The lawyers never asked, but she offered that testimony before they asked.

EXCERPTS FROM FRISCO'S (Robert Rufner) TESTIMONY

15 started weedeating, you know. And I guess about two or
16 three minutes later I saw Brett Jones walking toward me,
17 and he was like he was trembling, and I heard him say,
18 Kill, kill. He was like scared. He had a knife in his
19 left hand. And I didn’t know what to think, and I started
20 freaking out myself, and I went hysterical, and I ran into
21 the house and called 911.

everything was cleaned up when the police arrived. Brett and Michelle had left to go get Madge at Wal-mart. How long did it take the police to answer a hysterical call reporting a bloody murder if Frisco called immediately? Or did he clean up, hide Bertis in the utility closet (so it looked like Brett did that) and then report the "murder"?

RUFFNER - CROSS 181
1 A. I mean, after the police left the first time,
2 all the family members was over there and -- but then I
3 started back talking to Tommy and everything. Tommy was
4 trying to get me, trying to get my uncle to, you know, to
5 take me home with him because, you know, after the police
6 left the first time, all they found was a knife and a pair
7 of pants. And Tommy still thought I was lying.
8 Q. Uh-huh (Indicating yes).
9 A. And so my uncle was fixing to take me home with
10 him. And then I just heard people over next door
11 hollering and screaming, and I’m guessing they found the
12 body then. But I was at Tommy’s house at that time.
13 Q. Okay. So you did not go over there?
14 A. No, not one time. I did not go over there.

*why did LaCastro and his uncle think Frisco was lying?

*According to Frisco, "ALL" they found was the knife and pants, indicating he knew there was more. Frisco indicates the they "found" the body, how did he know the body was hidden if he had not been over there, not one time?

*According to Frisco, at no time did he go over there, yet Michelle's testimony was that when she came out of the woods, she saw Frisco by the carport arguing with Brett and walking off mad, and her original statements to the police were that he had blood on him.

Frisco had a past criminal record and would have been eligible for the death penalty. Brett had just turned 15 years old

It has been confirmed by 2 sources that Frisco put the body in the utility closet, even though he was never on the property according to his testimony

EXCERPTS FROM BRETT JONES'S TESTIMONY

JONES - CROSS 302
1 A.
They didn’t ask.
2 Q. All right. Now you testified that most of this
3 activity took place where? In what room?
4 A. The kitchen.
5 Q. In the kitchen near the refrigerator; is that
6 right?
7 A. In the corner between the refrigerator and the
8 stove
9 Q. All right. And this is the stove right here?
>10 A. That’s not how the house was set up.
11 Q. Sir? ..

*Brett indicating the chart of the layout of the house was wrong and yet it was not officially corrected and was used as the visual by the jury during deliberations. His lawyers did not formally object to the house layout being incorrect even though a whole wall was missing and even though it made a huge difference in Brett's ability to escape. He said he had no escape as he was cornered in front of a door that opened into him, yet it was wrong on the chart.

*If Brett wanted to hurt his grandfather so that he and Michelle could be together (her explanation) and because Brett was mad at him, why would he then try to save his life?

*In premeditating his grandfather's murder, wouldn't you think young Brett would at least have finish his sandwich before he maliciously and with a depraved heart carried out this plan? Kind of a strange plan.

18 Q. All right. How did y’all wind up outside?
19 A. After -- we had wrestled until we had made it
20 into the dining room, and he had started choking me and I
21 lost my breath, fell on the ground trying to catch my
22 breath, and he stumbled outside and fell in the ground.
23 And then I caught my breath and went outside.
24 Q. After you get outside, what do you learn, if
25 anything, about your grandfather’s condition?
26 A. He was going to die if I didn’t try to save him.
27 Q. So what did you do?
28 A. Tried to give him CPR.
29 Q. Okay. Were you able to do that successfully?
JONES - DIRECT 286
1 Were you able to give him CPR?
2 A. I tried, but it wasn’t working.

29 Q. So you could go out this way?
JONES - CROSS 303
1 A. I could if the door was open.
2 Q. You couldn’t open the door?
3 A. No, sir. The door opens this way. And when he
4 pushed me the first time, I was between -- I was behind
5 the door where I couldn’t open it.
6 Q. You were behind the door now?
7 A. Yes, sir
8 Q. Okay. Now where did the fight go from there?
9 A. It came out to here (indicating)
10 Q. All right. Came out to there, and you kept
11 stabbing him here?
12 A. Yes, sir.
13 Q. Where did you first stab him?
14 A. In the corner.
15 Q. And how did you get over here?
16 A. When we had fell in the floor after he grabbed
17 me.
18 Q. All right. Did you leave out the back door when
19 you could?
20 A. I couldn’t.
21 Q. You kept stabbing him?
22 A. He was holding me on the ground. I couldn’t get
23 away.
24 Q.
You didn’t say that in the statement to the
25 police, did you?
26 A.
We didn’t get into detail about the fight.
27 Q. Now when you got through stabbing him, what did
28 he do?
29 A. We had wrestled until we got into the dining
JONES - CROSS 304
1 room.
2 Q. Okay. Then where did he go?.

CSI MISSISSIPPI-REPORT ON DR. HAYNE

Brothers
Marty & Brett

Question not the Broken Promises or long forgotten affection. Know only that Time is ever-flowing. Though the Agony brought on

Ode to Isis
by Pam

How do I explain how I feel
My life has become an ordeal
All the things that I hold dear
Are becoming less and less clear

I feel such joy and such pain
I’d like there to be a day without rain
I pray Isis, set the boy free
Before we are swept out to sea

I feel I can’t hold myself up
Every day fits into a cup
The sand is shifting so quickly under my feet
The waves are pulling me into the deep

What’s happening, my God, help me see
Why are you doing this to me?
Don’t forsaken me and this child that I love
For I have other children I hold above

What will happen if I let go
Will I surface in a day or so?
Will I churn and spin for a year
Or until the old man pulls us clear?
Lays us gently upon the beach
Safely, under the suns reach?

Every morn I think of more and more
How much more does God have in store?
How long can we hold out
How long will we be in this drought?
When can we be carefree
When can I go back to being me?

I feel like I’m on shaky ground
Is my mind no longer sound?
I keep smiling like a clown
But it feels like I'm gonna drown

This child of Isis, mother he has no mercy
He's borrowed too many days, all to be free
Isis, angel of gloom, he has stolen my heart
Tell me goddess, was he doomed from the start?

This Fox of mine, a child so divine
Caught in a syste on the decline
I won't let it take him
His diamond will forever shine

God, it's not too much work, tis rather easy really
Alas, you've chunked it off on me, but I thank you, feel me?
He can take it like a man
I'll take it the best I can
Why not just blow it all up?

>

Brett, we love you - Mike, Caroline, Lena, Pam

"Sol Omnibus Lucet"

BAJ****** Magick Dust*******

New Life