Save Brett Jones
Brett Jones
Brett Jones Brett Alexander Jones: At 15 sentenced to "Death in Prison" for wanting to live.

Male
20 years old
Walnut Grove, Mississippi
United States



Last Login: 11/9/2009
Mood: strong Mood Image
View My: Pics

   Contacting Save Brett Jones

 MySpace URL: 

    Save Brett Jones's Interests
General


MusicPlaylist
MySpace Music Playlist at MixPod.com

Photo Sharing and Video Hosting at Photobucket

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)

Photobucketbaj

God Cries When We Sentence Our Youth To Die In Prison

8th grade-large pic

{Last School Picture of Brett-Spring of 8th Grade & 3 months before he was charged with capital murder for defending himself}

Photobucketbaj

Brett's hope filled cup of love for his Mom's KAIROS retreat Photobucket

Brett's Mom with 68 prayer medications he gave her each 30 minutes long Photobucket

(Tryin to get out of hell before they slam the door)

Photobucket Photobucket

"Thy mercy O Lord is in the heavens and thy faithfulness reaches into the clouds" Psalms 36:5

PhotobucketPhotobucket

Peace
Photobucket - Video and Image Hosting

VALADICTORIAN OF GED CLASS AT WALNUT GROVE AND MATH AWARD Photobucket

Brett Time-Drawn at Lee County Adult Jail (15)Photobucket - Video and Image Hostingby Brett

Being unwanted, unloved, uncared for, forgotten by everybody, I think that is a much greater hunger, a much greater poverty than the person who has nothing to eat. - Mother Teresa

Lunar EclipsePhotobucket - Video and Image Hosting

Photobucket

Photobucket

DREAM

Someone somewhere went to sleep and dreamed us both alive, dreams get pushed around alot and I doubt if we'll survive. We won't get to wake up, dreams are born to disappear and I'm pretty sure that none of us is here

Stairway to Heaven Quilt
made by Brett's Mom

Photo Sharing and Video Hosting at Photobucket

ALL SONGS, POEMS & ARTWORK BY BRETT A. JONES (aka Breo & Fox)

Photobucket - Video and Image Hosting

Photo Sharing and Video Hosting at Photobucket

Photobucket - Video and Image Hosting

Breo's EaglePhotobucket - Video and Image HostingHopePhotobucket - Video and Image Hosting

Photobucket

Photobucket

Photobucket - Video and Image Hosting
Photobucket

Chocobo

Photobucket - Video and Image Hosting

Photobucket

Brett TimePhotobucket - Video and Image HostingPhotobucket - Video and Image HostingPhotobucket - Video and Image HostingPhotobucket - Video and Image HostingPhotobucket - Video and Image Hosting

Music
Photobucket - Video and Image Hosting
AutopsyPhotobucketPhotobucket - Video and Image HostingSaviorPhotobucket

Ink Drawing...ImaginePhotobucket - Video and Image Hosting

IsisPhotobucket

Draft of PerfectlyPhotobucket - Video and Image Hosting

Photobucket - Video and Image Hosting

Photobucket - Video and Image Hosting

EragonPhoto Sharing and Video Hosting at Photobucket
>

"Though no enemy could destroy them, they could not guard against themselves"-Eragon

Photo Sharing and Video Hosting at Photobucket

Photobucket

Photo Sharing and Video Hosting at Photobucket

MoviesThe Angels Will Set You FreeMyspace Layouts
TelevisionPhoto Sharing and Video Hosting at PhotobucketPhoto Sharing and Video Hosting at Photobucket
BooksPhotobucket - Video and Image Hosting

BAJ-Sketch by Friend

Photo Sharing and Video Hosting at Photobucket

TELL ME ABOUT YOURSELF - The Survey
Name:Brett Alexander Jones (Fox) or (Breo)
Birthday:July 17, 1989
Birthplace:Tupelo, MS
Current Location:Walnut Grove, MS
Eye Color:Hazel
Hair Color:Red/Blonde - it switches
Height:5'10 or 5'11 last I checked
Right Handed or Left Handed:Right
Your Heritage:Russian/Caucasian/Rebel White Boy
The Shoes You Wore Today:Ridell Vantage
Your Weakness:Kids/Small fuzzy animals
Your Fears:The death of Eddie Van Halen and Adam Sandler
Your Perfect Pizza:Everything but fish
Goal You Would Like To Achieve This Year:Finish a few tattoos
Your Most Overused Phrase On an instant messenger:"Know what I'm saying"
Thoughts First Waking Up:"I'm hungry"
Your Best Physical Feature:My hands and my eyes
Your Bedtime:When I get tired or bored
Your Most Missed Memory:The ones I forget?
Pepsi or Coke:Pepsi
MacDonalds or Burger King:MacDonald's Fries/Burger King's Burgers
Single or Group Dates:Groups
Lipton Ice Tea or Nestea:I hate tea
Chocolate or Vanilla:Vanilla w/ chocolate swirls
Cappuccino or Coffee:Coffee.....Strong black coffee
Do you Smoke:Yes
Do you Swear:Probably
Do you Sing:Yes
Do you Shower Daily:Every day I have a chance
Have you Been in Love:
Do you want to go to College:Yes
Do you want to get Married:Is this a trick question?
Do you belive in yourself:I believe in my mind
Do you get Motion Sickness:never
Do you think you are Attractive:Lots of people do...yes
Are you a Health Freak:I'm healthy, but not a freak
Do you get along with your Parents:Mostly
Do you like Thunderstorms:We have a mutual understanding
Do you play an Instrument:Guitars
In the past month have you Drank Alcohol:
In the past month have you Smoked:Yes
In the past month have you been on Drugs:painpills for my eye
In the past month have you gone on a Date:I don't do dates
In the past month have you gone to a Mall:No
In the past month have you eaten a box of Oreos:No
In the past month have you eaten Sushi:WTF?
In the past month have you been on Stage:No
In the past month have you been Dumped:No
In the past month have you gone Skinny Dipping:Maybe
In the past month have you Stolen Anything:
Ever been Drunk:Yes
Ever been called a Tease:Don't remember-probably, but I've been called alot of things
Ever been Beaten up:Yes
Ever Shoplifted:
How do you want to Die:In a horrible rockstar plane crash stoned and drunk
What do you want to be when you Grow Up:Rich and in the Rock n' Roll Hall of Fame
What country would you most like to Visit:Italy or The Philippeans
In a Boy/Girl..
Favourite Eye Color:Hzl or soft brown
Favourite Hair Color:Black or brown
Short or Long Hair:Either-whatever fits. Whatever she likes
Height:below my height
Weight:Depends on height-between 100 and 140 lbs, or healty and fit
Best Clothing Style:Whatever she likes to wear
Number of Drugs I have taken:
Number of CDs I own:More than a few
Number of Piercings:4 other than my ear that have closed
Number of Tattoos:More than I can count. Mostly on left arm
Number of things in my Past I Regret:

CREATE YOUR OWN! - or - GET PAID TO TAKE SURVEYS!

/

BRETT JONES: Growing up in prison due to a manufactured conviction and substantial constitutional violations recognized by the Mississippi Supreme Court.

Photobucket

FOX 2008 (19) Photobucket

BREO 2004 (14) Photobucket

BRETT ALEXANDER JONES(6)

Photobucket

Brett Idolizing Eddie Van Halen

Photobucket

Michael Jackson Tribute Photobucket


"What Good Am I ?"
Oh Mercy
Bob Dylan


What good am I some like all the rest
If I just turn away when I see how you're dressed
If I shut myself off so I can't hear you cry
What good am I ?


What good am I if I know and don't do
If I see and don't say if I look right through you
If I turn a deaf ear to the thunderin' sky
What good am I ?


What good am I while you softly weep
And I hear in my head what you say in your sleep
And I freeze in the moment like the rest who don't try
What good am I ?


What good am I then to others and me
If I had every chance and yet still fail to see
If my hands are tied must I not wonder within
Who tied them and why and where must I have been.


What good am I if I say foolish things
And I laugh in the face of what sorrow brings
And I just turn my back while you silently die
What good am I ?

Photobucket
Pam

HeroesWest Memphis 3

Photo Sharing and Video Hosting at Photobucket

Photo Sharing and Video Hosting at Photobucket

Prom (from a boy who only went through 8th grade)

Photo Sharing and Video Hosting at Photobucket

Photo Sharing and Video Hosting at Photobucket

Photo Sharing and Video Hosting at Photobucket

Photo Sharing and Video Hosting at Photobucket

The Collaboration (Fox & Bizzy)

Photo Sharing and Video Hosting at Photobucket

Photo Sharing and Video Hosting at Photobucket

Photo Sharing and Video Hosting at Photobucket

Friends-Pops, John Silva, KathyPhotobucket

MICHAEL BRIGHT (19) Photobucket Michael before trial defending himself against bogus charges by WGYCF (Cornell Companies). Due to employees lying on the stand (admitting it to the inmate back at the facility and urging him to just forget about it)was convicted of 3rd Degree Arson and given the max of 3 more years just 2 months before he was supposed to finally go home after 4 years locked up at WGYCF in Mississippi since age 14, and good record of conduct. Absolutely NO malice was proven at trial but the jury convicted anyway. Moral of the story, don't get bit by a spider at Walnut Grove because when it gets infected to the point where you feel you are going to lose your leg, have to be wheeled off the zone in a wheel chair, are in excruciating pain, vomiting, nursing a swollen and puss filled leg, you will be charged with a crime for trying to get help. And when you don't admit it was your fault and take a plea deal you will get the max for wasting the court's time going to trial.

Taken to the hole due to full medical unit, and left there ill and unattended for 10 days, Michael tried to get attention by creating smoke. It worked, the guards came, beat the shit out of him in the dark rec yard and delivered him to medical where the nurse was appalled at the severity of his leg. Two years later the fire marshall delivered him an indictment of 3rd Degree Arson because he burned his mat to create the smoke to activate the smoke alarm to get to the medical unit.

Even though severe allergies to spider bites was reported on Michael's intake records (he spent 2 weeks in the hospital as a child after getting bit by a spider), the facility ignored it and so did the judge, dismissing Michael's mother's planned testimony as irrelevent. The one employee who promised Michael he would testify on his behalf about what happened, didn't show up in court and claimed he was never subpeoned. He was. Michael Bright, another casualty of the criminal INjustice system, serving 3 more years in maximum security prison for juveniles for property valued at $25 (& probably less) for trying to get medical attention. NEW RELEASE DATE, FEBRUARY 2012


Pam-zilla
Photobucket

The Park BenchPhotobucket

Tyler Edmonds-NOT GUILTY Photobucket

St. Louis

Photobucket


Photobucket

Photobucket

PhotobucketPhotobucket


     Save Brett Jones's Details
Status:Single
Here for:Networking
Orientation:Straight
Body type:5' 9"
Ethnicity:White / Caucasian
Zodiac Sign:Cancer
Children:Someday
Education:High school
Occupation:rotting



Save Brett Jones waiting for godot Posted at 3:32 PM Oct 30
view more

Save Brett Jones's Latest Blog Entry  [Subscribe to this Blog]

Kairos Prison Ministry Newsletter-Features Brett Jones  (view more)

From Time Out To Hard Time: Young Children in the Criminal Justice System  (view more)

Six Months and Counting on Brett Jones Case Decision  (view more)

America's Injustice System is Criminal  (view more)

Dylan  (view more)

[View All Blog Entries]

   Save Brett Jones's Blurbs
About me:
15 year old Brett Jones was convicted of murder and given a sentence to die in prison based on the manufactured testimony of a 15 year old runaway who admitted on the stand her testimony was lies; a coerced illegal statement given by a minor with no parent or lawyer present for weeks; and a discredited fraudulent Medical Examiner. No witnesses (including his grandmother and father)were called in his defense. No evidence was ever tested; no forensics was completed.

Banner generated at Pimp-My-Profile.com

"shifting children to adult court assumes they think like an adult. Due to brain development, that's impossible"

Photo Sharing and Video Hosting at PhotobucketJB

myspace backgrounds Myspace Backgrounds

"it is possible to commit murder without any actual intent to kill or to do grievous bodily harm," - Chief Justice Oliver Wendell Holmes

Love Never Surrenders
Photobucket by inmate jeremiah

Photobucket

"...to speak for those who have no voice, to remember those who are forgotten" - Senator Edward M. Kennedy

Pyzam Glitter Text Maker/a>

Photo Sharing and Video Hosting at Photobucket

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. Barely 15 year old Brett was held without bond at the Tupelo/Lee County Adult Detention Center where he sat for 9 months until his trial in May, 2005. Brett had no counsel available at all for approx. the first 3 weeks (a crucial state of the proceedings against him). Will Bristow (Brett’s court appointed attorney) was not given a private meeting with his client for weeks. 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 with guards in the room). 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 minor son until after the Grand Jury met in October; it was August. A newspaper reporter for the Daily Journal 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. He treated her as if she was a visitor, not a parent of the minor child in custody.

Approximately 10 days later when Brett's Mom finally got in the jail to see her son through glass he had a broken lip; dark circles under his eyes; had been living in a paper gown, freezing and barefoot(AC had been 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.

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. They had yet to see or speak with their minor child.

During Brett's interrogation 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 for murder and trespassing; Frisco was charged with the same as Michelle. Sheriff Johnson told Brett who had just turned 15 two weeks prior and who had no history of violence or criminal record 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 statement "now to continue".... Johnson promised him if he would tell them everything he would go easy on him.

Miranda Rights weren't administered for hours after custodial questioning of Brett began at the gas station where he was picked up and cuffed earlier in the evening. Officer Gary Turner began a pat-down and questioning at the gas station. Immediately before his statement was recorded at 12:20am hours after he was taken into custody Miranda was given as can be heard on the tape. All exculpatory evidence any reference to self-defense was blatently left out of the recorded statement.

In their response to Brett's PCR motion, the State admits that Brett stated he was attacked, CLEARLY. In the State's own words Brett clearly and repeatedly made these claims TO THE POLICE IN HIS STATEMENT, but it was all left out of the statement. The DA admits he said it and on the other hand it’s not there.

ANSWER TO MOTION FOR POST-CONVICTION COLLATERAL RELIEF
Section I
“Further, Petitioner’s trial attorneys, by sworn affidavit, state their belief that the statements made to police actually helped in setting out Defendant’s claim of self-defense and helped militate toward a finding of manslaughter rather than murder. Indeed petitioner’s statements to police set out a clear claim that he was attacked by the victim, his grandfather, and that he stabbed his grandfather repeatedly in self-defense. Defendant’s live testimony corroborated and bolstered his statements to police”

MOTION FOR POST-CONVICTION COLLATERAL RELIEF
Argument Pg. 5:
(1) All of the details that supported Petitioner’s claim of self defense were blatantly omitted from such statements. Counsel failed to properly investigate and expose the improper police conduct that resulted in a statement that was patently devoid of all exculpatory details.”

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. It was recorded but not videotaped at 12:20 am on the night he was taken into custody. The "statement" begins with:

"Brett...Let me-I'm going to start over again with your rights here..." ..

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. Sheriff Jim Johnson told him that he had to and it was just preliminary and would get to the "other stuff" later. But they never got to the "other stuff", it was left out of the statement. 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, after fighting for his life, fighting for his grandfather's life, no parent or lawyer contact, at 12:20 a.m. Brett gave a statement, which starts out "let's continue.." and they proceeded to Mirandize him.

-From 15 year old Brett's Testimony


Q. All right. Now, show the jury how you stabbed him.
A. It was laying on the stove, and as I tried to move past him between him and the refrigerator, he grabbed me in a headlock. And I was reaching to try and grab to find something to hold on to, and I felt the blade, and then I grabbed it and then got him in the back.
Q. Got him in the back. All right. Now how did


JONES - CROSS 300
1 you get all those other wounds in him? There were some
2 eight stab wounds. How did you do those?
3 A. >He kept on coming back.
4 Q. He kept coming back. Now your testimony —- you
5 couldn’t get away, yet there were three doors that you
6 could go out, and you stood there arguing with your
7 grandfather.
8 Now you said that he had you in a headlock when
9 you kept stabbing and stabbing and stabbing, and I have a
10 copy of your statement. You didn’t say anything in your
11 statement about headlocks, did you?
12 A. We didn’t go into detail about the fight.
13 Q. Didn’t go into detail about the fight. You
14 didn’t think it was important to tell them that you were
15 acting in -- allegedly acting in self-defense?
16 A. They didn’t ask me.
17 Q. Oh, you didn’t think it was important to say,
18 Hey, man, I killed him, but I was desperate. You didn’t
19 tell them that, did you?
20 A. No, sir.
21 Q. Instead what you did is you went out with this
22 water hose, you washed the steps off, right?
23 A. No, sir.
24 Q. You didn’t do that?
25 A. No, sir.
26 Q. And you went out to the -- and pulled a -- I’m
27 getting ahead of myself. ..
29 May I have those back? Go ahead and put it in the box.


JONES - CROSS 301
1 Thank you.
2 The truth is that you just sort of lost it
3 because you got mad.
4 A. So-so.
5 Q. What does so-so mean?
6 A. At first it wasn’t because I was mad. It wasn’t
7 because I was mad through the entire fight. It was
8 because I didn’t have anywhere to go between the corner
9 and him, and he was just coming in at me. That’s why I
10 stabbed him at first.
11 Q. And that’s what you’re telling this jury?
12 A. Yes, sir.
13 Q. And they’ve heard the statement?
14 A. Yes, sir.
15 Q. And theyTll have it back there in the jury room
16 to play and they can tell what you told then and what you
17 told now.
18 A. Yes, sir.
19 Q. You’ve had a chance to talk about this with very
20 talented attorneys, have you not?
21 A. I have.
22 Q. And you have a chance to approach this thing
23 knowing that there is a defense called self-defense. Is
24 that not right?
25 A. Yes.
26 Q. And you’re telling this jury facts that would
27 work towards a self-defense, right?
28 A. I’m telling the facts that happened.
29 Q. Yes, sir. But you didn’t tell them, did you?


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?
12 A. That’s not how the house was set up..

The diagram of the house layout drawn up by the police to show the jury Brett had an escape route had an entire wall missing. After Brett pointed it out in his testimony it was not objected to by defendant's counsel and was used in deliberations. Had the wall been in the diagram, the jury would have seen Brett had no way to escape; he was backed into a small corner into a door that opened in toward him with Bertis raging in front of him. There was no other way out of the corner except around his grandfather. A corrected drawing was submitted into evidence at Brett's evidentiary hearing recently.

A pretrial motion to suppress the statement was never brought before the judge, was inexplicably withdrawn by defense counsel at the start of the trial, leaving the statement from a minor admissible without a hearing on how it was obtained. Maybe his lawyers thought it would serve as corroberation, his statement backed up by his testimony?! There were two key witnesses, his father and grandmother who could corroborate his story of self defense, but they were ignored, left in a closet with brooms and buckets. His grandmother wasn't interviewed by defense counsel until the trial started. It was a 15 minute interview in a room off the courtoom. The State calls that an "extensive" interview in their response to the PCR motion.

Daily Journal 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:
7 A. I had a few scuffle marks on my elbows from
8 where we were wrestling.
9 Q. Did you show them to the police when you gave
10 your statement?
11 A. The next day the investigators were supposed to
12 come take pictures, but they never came.

Brett's illegal and coerced statement is all that links him to the death of his Grandfather. After the statement was obtained no further investigation was done, no evidence was tested, no family members or neighbors were interviewed, no attempt was made by police or prosecutor to corroberate Brett's story or to seek the truth about what happened that day.

Sheriff Jim Johnson was subpoened by defense counsel to testify at Brett's recent 12-3-08 evidentiary hearing for post conviction relief, he was a no show. He claimed he never got the subpoena. The hearing went forth without his testimony regarding the illegal interrogation of a minor in his custody..

BERTIS JONES Brett's Granddaddy, who he had been staying with that summer, 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 his wife, had noticed and were scared of him and did not want the grandchildren around him. He reluctantly allowed Brett to live there with his Dad, Tony Jones for the summer and upcoming school year. He had gotten to the point where he didn't want kids around him. The grandkids spent their time outside with their grandmother to avoid Bertis. Bertis 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. His behavior had become odd and more frightening in recent years according to his wife Madge. None of Bertis Jones medical history was ever introduced in court and Madge was totally ignored by defense and prosecution.

MADGE JONES, Bertis's wife of 50 years, never for one minute thought Brett tried to intentionally kill his granddaddy of which she made clear to the District Attorney. But no one at the DA's office cared what she thought or took her feelings into consideration; her beloved grandson was charged with murder creating yet another tragedy in her already tragic life. Madge's first thought when she heard that Brett was missing and before she knew her husband had been found, was that Bertis had killed him. She was working at Walmart and when she was told Brett was missing she thought Bertis had killed him over a large phone bill she had hidden before she left for work.

Madge and Tony Jones-her son and Brett's Dad-expecting to testify to Bertis Jones' violent and abusive outbursts, emotional instability and medical history, were kept out of the court room never called on Brett's behalf. 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 apparently 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, she had made this clear to the DA as well). No prior attempt was ever made in 9 months to interview Madge, a key witness for Brett, someone who could corroborate his story and provide exculpatory evidence. During the trial she was stuck in a closet along with Brett’s Dad who was also hoping to testify, but was also stuck in the same closet, literally a large closet containing brooms, mops and cleaning supplies. Not called to testify or even support Brett in the court room, they were kept in the closet 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 die 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, he did nothing).

Madge has said that she regrets always chalking Bertis' frightening 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 for post conviction relief . 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. Brett's grandmother has stood behind Brett 100% and says if anyone was attacked it was Brett.

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 sent Brett 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. She described him as "insane" in her affidavit.

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 and Brett. It is what Madge chose to do, has waited to do and wanted to do for Brett for 4 long years but never had the chance at his trial. Madge has consistently backed up Brett, in spite of Pat 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. After being contacted by Victim's Rights people and offered money, Pat and Mike considered 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 and the only witness to supply intent, albeit, admitting on the stand she was lying. 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. Three weeks before Brett was accused of murder, Michelle showed up at the Tupelo bus station and called Brett to tell him she was there and to come pick her up.

Since Brett was too young to drive, he went with his older cousin to pick her up. He had not been involved in helping her get there. Prior to her disappearance, she had told Brett her mom had beat her and that she was pregnant and she was coming to Mississippi. Brett's comment when she called from the bus station was he hadn't expected her to be there that soon. She left Florida in the middle of the night. Michelle's mother reported her missing the next day. 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 apartment complex.

The authorities never contacted the Jones family in Mississippi about her possible whereabouts. The 15 year old middle schooler hung out there with a 14 year old for almost 3 weeks while neither the authorities in MS or FL, or her mother ever contacted the Jones family after she went missing (and school was about to start). Brett's mom has reported that she contacted Tony, Brett's Dad, to let him know she may be there. Apparently it was a big surprise to everyone when Bertis found Michelle in the house with Brett and his cousin Jacob Jones. He ordered her to leave.

Fourteen year old Brett (he hadn't turned 15 yet) took her under his wing, in full view of family and neighbors. No adult ever questioned who she was or what she was doing there. She was still officially missing in Florida when she was picked up and held for what turned out to be 9 months in a juvenile detention center in Tupelo under threat of indictment for accessory to murder.

Michelle was picked up with Brett the day Bertis was killed because they had left together to go to his Grandmother at Walmart in Tupelo where she worked. This was after Brett tried in vain to save his Grandfather's life. They were not fleeing as the State implied, they were going to get Brett's Grandmother after Bertis was killed. They had asked for rides to the Tupelo Walmart, which was testified to by State witnesses. The jury was still told by prosecutors they were fleeing a "murder" scene. The truth is they were scared, not because Brett had murdered anyone but because his Grandfather was dead and he couldn't save him and he wanted to get to his Grandmother. Brett gave his name to witnesses at the gas station as "Breo" because that's what he was called and Michelle gave a fake name because she was a runaway. Although Brett gave his full name to the police, as did Michelle, the State told the jury they lied about their names because they were fleeing. Totally misconstrued statements repeated over an over again in front of the jury.

They were picked up, cuffed and taken into custody at a gas station while trying to get water and a ride to Walmart. Michelle was held in a Mississippi juvenile detention center under THREAT of indictment for accessory to commit murder. Brett was held at the adult jail charged with 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 in her prior statements, Michelle, days before Brett's trial cooperated with the DA, changed her story and for the first time said he told her he was going to hurt his grandfather and that she was scared of him. Brett's counsel did not ask for a continuance to investigate this new evidence by a key witness disclosed days or possibly 24 hours before trial. (Fulk v. State; Box v. State; Payton v. State) (This opinion finds that the State violated it's obligation to disclose inculpatory evidence (key witness testimony); impeaching a witness who has changed their story right before trial is not enough-it's considered "new evidence" needing time for investigation; the unanimous opinion states trial by ambush is outlawed in Mississippi)http://www.mssc.state.ms.us/Images/Opinions/CO56969.pdf.

FROM MICHELLE'S TESTIMONY
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 is
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.

Her original statement to police when 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 kitchen filet knife was found on that couch and blood spatters on the wall nearby where she stated she was. The knife was never tested for fingerprints or blood although the jury was told it was used to kill Bertis Jones. In her original statement she said that Brett did not kill his grandfather. Days before Brett's trial Michelle changed her story completely, saying she was not there at all and knew noooooothing about what happened because she was in the woods, cut a deal with the DA, agreed to testify to the State's theory of events-that Brett PLANNED to kill his grandfather (although there was no evidence of that except her new statement revealed just before trial). She then admitted on the stand she was lying because it was her ticket back to Florida. Nationally disgraced and discredited MS pathologist/medical examiner and State "expert" Dr Hayne backed up her story, testifying that the death was a homicide (see below). After her testimony, Michelle was released on 5 years probation and headed back to Florida after being held 9 months in a MS detention center. Dr. Hayne has since been removed from the State's list of qualified pathologists having done 4,500 autopsies per year well over the 350 allowed as well as fraudulent certification, he was not a board certified forensic pathologist as he claimed he was. The MS Innocence Project has filed a 1,000 page complaint to have Dr. Hayne's medical license revoked due to fraudulent practices including helping to convict innocent people and repeatedly lying about his credentials.

From Michelle's Testimony
AUSTIN - DIRECT 127
24 Q. Were you interviewed by Officer Steve White?
25 A. Yes, sir.
26 Q. Did you give him a statement?
27 A. Not there.
28 Q. Not there?
29 A. No, sir.

AUSTIN - DIRECT 128
1 Q. But I mean when did you give Officer White a
2 statement?
3 A. I don’t know the date, sir.
4 Q. Okay. About how long ago was it?
5 A. About in August when I came.
6 Q. Okay. Not long after this happened?
7 A. No, sir.
8 Q. Now, were you under oath -- you weren’t under
9 oath when you gave that statement --
10 A. No, sir.
11 Q. -- is that right? Was the statement that you
12 gave Officer White at that time the truth?
13 A. No, sir.
14 Q. Do you understand that you are under oath now?
15 A. Yes, sir.

16 Q. And do you know what perjury is?
17 A. No, sir.

18 Q. Perjury is when you take an oath to tell the
19 truth as you have this morning, but then you don’t tell
20 the truth.
21 A. Yes, sir.
22 Q. And it’s punishable by imprisonment. Do yu
23 understand that?
24 A. Yes, sir.
25 Q. So you understand how important it is tha: u
26 tell the truth here today?
27 A. Yes, sir.

Under cross-examination, Michelle Austin admited under oath that her testimony was lies and that she was only trying to get home to Florida. According to Michelle’s new story, 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 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 which was that Brett PLANNED to kill his Granddaddy. She did. This was her third version of the story, and the first version that had Brett as the killer and it surfaced days before trial. But, she had maintained for 9 months that Brett was innocent.

AUSTIN - CROSS 162
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.

The MS Court of Appeals affirmed Brett's conviction and life sentence saying that it may or may not be true that Michelle WOULD lie to save herself, but it wasn't an issue because the jury decided. According to the transcripts, she didn't say she WOULD lie to save herself she said she WAS lying to save herself. That is a clear admission that her testimony was lies, not COULD HAVE been lies. On top of that it would be perjury since she was under oath. Plus she was the only one to supply criminal intent. It was allowed to stand. There was no evidence of criminal intent other than Michelle's lies; nothing was stolen, nothing was taken, Brett administered CPR, he said it was self-defense. Yet any trier of fact would have found him guilty of murder beyond a reasonable doubt, according to the MCOA even with Michelle lying as to his intentions (& she was the only one who heard it). Oddly, the State's response to the MS SCt. on the PCR motion, was that Frisco was their strong witness for their murder case, although Frisco never said anything about Brett planning a murder. Apparently the STATE didn't even believe Michelle, their own key witness.

State's Key Witness: Michelle Austin, (sometime after Brett's trial)run away, admitted liar, drug user and new mother

Photobucket

Photobucket
Photobucket

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

Michelle's bloody pajama pants were found in a closet and entered into evidence. They were returned 9 months later with the rest of the evidence original police seals still in place, untested by the crime lab with the explanation they hadn't had time due to back log. She testified she got blood on them from hugging Brett, but her original statement to the police was that Brett had no blood on him and that Frisco was covered in blood.

FROM MICHELLE'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.
(Frisco testified he was not there, not once)

A bloody ripped up white tank style undershirt was found under the carport. Apparently we should believe All three shirts entered into evidence were worn by Brett on a hot August day in Mississippi. Brett's dark blue t-shirt was not torn at all but the white undershirt he purportedly had on under the blue shirt was torn up. How did the undershirt get torn but the top shirt did not? Did Brett wear the undershirt over the t-shirt??Brett gave his grandfather CPR getting some blood on his blue shirt and pants, neither of which was ripped (he also had blood in his hair and his mouth from giving CPR). 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. Brett's sandwich with one bite taken out of it was left undisturbed on the table in the tiny kitchen where he was eating and where the supposed attack took place. There was no blood in the kitchen nor a blood trail from the kitchen to the car port. Dr. Hayne testified that was because Bertis bled internally apparently until he got out to the carport. The only significant blood was found outside under the car port where Brett tried in vain to save his granddaddy's life. 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. Since nothing was tested it would not be known.

A couple of days before Bertis died, Michelle, in a fit of rage, shot Brett with a .22 He took the bullet out of his leg himself as a friend wrestled Michelle to the ground and took the gun.

Upon the MS Supreme Court accepting Brett's motion for PCR in the Spring of 2008, Michelle Austin and her mother have disappeared, Michelle having visited her Myspace daily up until that time. Brett has since proceeded back to trial court where he waiting a decision on a new trial.

MICHELLE AUSTIN SUPPLIES THE ONLY INTENT (A story she came up with dayS before trial):

AUSTIN - DIRECT - 129
28 again. And that’s when I asked him -- well, he said that
29 he was going to hurt his granddaddy. That’s when I asked
AUSTIN - DIRECT - 131
1 him, What are you going to do? Kill him? He did not
2 respond
3 Q. All right. Was he angry?
4 A. Yes, sir.
5 Q. And he said he wanted to hurt his grandfather?
6 A. Yes, sir.
7 Q. You then asked him what?
8 A. What are you going to do, kill him?
9 Q. And what was his response?
10 A. He did not respond, sir.

THEN ADMITS SHE IS LYING:


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.

More of Michelle's lies:


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.


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..

Frisco testified he was not there, not once. But in fact he was with Michelle according to her testimony. Brett was in the house making a sandwich getting ready to go school supply shopping with his granddaddy while Michelle and Frisco were together in the woods. Both were kicked off the property earlier in the day by Bertis.

FRISCO (Robert Rufner) key witness for the State 19 year old drug addicted ex-con living next door to Bertis who was taken in by Tommy LaCastro to help around his property. He had been threatened and thrown off Bertis' property earlier in the day by Bertis Jones for stealing. 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, frantic, and calling 911. Supposedly he beat Frisco because he didn’t want any trouble. Frisco testified that he called 911 in hysterics after seeing Brett covered in blood holding a bloody knife and saying "kill, kill". So after trying in vain to save his grandfather's life, cradling him in his arms both of them screaming for help, getting his granddaddy's blood in his mouth and in his hair, if you believe Frisco's testimony, Brett then picked up the knife, stumbled over to Frisco's property and did his best Jason routine. Or mabye Brett went over to Frisco first holding a bloody knife shouting "kill, kill", then turned around and went home to give his grandfather CPR, both yelling in vain for help. Brett, a child with no violent past or criminal record who according to his grandmother didn't even want to kill the grass because it was a living thing morphed into Jason overnight.

Both the knives the State contends were used (but never linked to the wounds or the defendant) were found in the house, one laying in the sink (where Brett made the sandwich) and the other on the couch where Michelle said in her original statement she was sitting. So according to Frisco's confusing, contradictory and uncorroberated testimony, after giving CPR outside in the carport, Brett would have picked the knife back up from where ever he put it before he started CPR and proceeded to stumble over to Frisco, do his "kill, kill" act and then stumble back with the knife and place it in either the sink or on the couch.Or he did it before CPR, although other state testimony rebutts that.

The state's two key witnesses told contradictory stories neither was corroberated nor coherent. According to Michelle's testimony, her and Frisco came out of the woods together at one point. Frisco testified that he was never there, not once. Michelle testified that Frisco was arguing with Brett after Bertis was killed and stalked off angry. But Frisco says he wasn't there, not once. After Brett left with Michelle to get his grandmother, Frisco moved Bertis's body to the utility closet. But Frisco wasn't there, not once according to his testimony. First Michelle accused Frisco of killing Bertis and framing Brett. She said Frisco was covered in blood and Brett wasn't. She changed that later to Brett was covered in blood and Frisco wasn't. She changed that to she wasn't in the house on the couch when Bertis attacked Brett, she was in the woods and Brett came out and told her he was going to hurt his grandaddy. But her and Frisco came out of the woods together according to her testimony. Frisco had never been there, not once, according to his testimony. But Frisco was beat up, by Tommy LaCastro, for causing trouble, for not being there, not even once, and Bertis threw him off his property earlier threatening to kick his ass if he returned. The State's 3rd key witness was discredited expert Dr. Hayne who will say anything for money .

Bertis had been angry at Frisco earlier, accusing him of stealing and kicked him off the property. He had also found Michelle in the house earlier that morning. He had been stewing about it all day according to Madge. She said Brett had changed his clothes before she left for work so he would look good when they went to her work place to get his supplies, the only thing Brett DID plan to do that day with his granddaddy and his Pop. He asked her if he looked ok. She told him to eat something before they went because he hadn't eaten all day. The sandwich was found with one bite taken out of it undisturbed on the table.

At some point before Brett went to trial, Frisco was arrested on alleged drug charges and put in a cell with Brett at Lee County Detention Center. Soon after, the drug charges on Frisco were dropped and Frisco agreed to testify against Brett.

DR. STEVEN HAYNE, For over 20 years Dr. Hayne has been passing himself off as a board certified forensic pathologist, was the unofficial state 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 ABP exam stating the questions were absurd. He then got his certification through a mail order degree mill, 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)

Who I'd like to meet:
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 particularly around his neck confirming Brett's testimony that Bertis had him in a chokehold on the floor, and which is why she asked for a better picture to run. Madge and Tony Jones could have corroberated Brett's claim of self-defense had they been allowed to testify. Their daily observations of Bertis' mental degeneration and emotional instability were ignored as part of Brett's defense.

They were also ignored by Dr.Hayne who 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 less than 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. Bertis died of a knife wound, but HOW and WHY he got the wound is something the doctor couldn't know definitively; but he gave his opinion anyway. No other testing or forensic examination was done on the wounds or body. No tests or preservation of brain tissue of the victim, even though mental degeneration (dementia) and possible Alzheimer's disease 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.

Brett testified that the knife was already bent. It was bent from trying to get mustard out of a jar. Were other knives in the kitchen also bent that way? Dr. Hayne gave his "expert" opinion that the knife could have bent hitting bone and cartilage implying a savage attack. A real expert on self-defense says 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. Dr. Hayne had not reported this in his autopsy. But he opined it was a likely scenario in the death of Bertis Jones. The bent knife was the one found on the couch where Michelle said in her original statement she was sitting.

Dr. Hayne 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. 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 in-depth 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 physical evidence tied Brett Jones to the killing of his Grandfather). Dr. Hayne has been discredited in Maye v. Mississippi and by the Mississippi Supreme Court in Edmonds v Mississippi, the court stating:

"there was no showing that Dr. Hayne's testimony was based not on opinion or speculations but rather on scientific methods and procedures."

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 of Brett's statement were made and passed out by the DA to jury members with redacted information. No mistrial was called.

-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 was ever tested by the MS crime lab and was sent back with original police seals saying they had not had time in 9 months to test anything.

-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 "homicidal" stab wounds were alleged to have occurred.

-Brett had no prior criminal history. He had no history of violence even though his step-father had a history of beating him. The only reported incident of anger was when Brett fought back when his step-father attacked him with a belt buckle because Brett swore at him.

-When Brett Jones was in Beth Barnes' seventh-grade English class, the middle school teacher said he was a bit of a loner, but a very bright student.
"I can still see him in my class," she said. "This is so sad."
Barnes said she and others knew Jones by the nickname "Breo."
"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 her pupil 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."
"I'm sad," she said. "I hurt for him. When you've been in contact with someone for 187 days, this just makes me sad. When he would do work in class, he would always come and show it to me. He was very artistic." (see full article in blog

-The State's case presented to the jury was the multiple guess theory or better known as "Let's Make a Deal" . They claimed Bertis:

(a)died during a SPONTANEOUS heated argument that they got into over Michelle being there(door #1);

(b)but he PLANNED it ahead in enough time to go to the woods and tell Michelle sometime before the spontaneous argument(door #2);

(c)or if in doubt go with our fraudulent know-it-all unqualified "expert" Dr. Hayne(door #3);

(d)all of the above- planned ahead and spontaneous with a little Dr. Hayne on the side (Jay's Box).

The jury chose all of the above. How anything can be planned ahead and spontaneous at the same time is anyone's guess. But that's not important, the conviction is.

-Will Bristow, Brett's court appointed lawyer, assured family and Brett his case would never go to trial so not to worry. No preparation was made to go to trial that anyone could determine. Will Bristow, for some reason, asked the court for this case. He proceeded to do nothing to defend his client; at the last minute Michelle flipped, agreed to lie, and surprise, surprise Brett was going to trial for murder. No continuance was requested in spite of Michelle Austin's new revelations. Brett was not prepared to testify, 15 years old and in adult jail for 9 months. His grandmother and father able to corroborate Brett's claims never interviewed until after the trial started. A hearing on the motion to suppress the statement never brought up before the judge. Jury instructions prepared the last day of trial. Neighbor, Helen Mask, never interviewed who could supply exculpatory evidence. No witnesses called on Brett's behalf.

-After a 2-1/2 day trial, no witnesses called in his defense, Brett was convicted of murder beyond a reasonable doubt and sentenced to natural life in prison. He had no criminal record or history of violence. He didn't hate his Grandaddy or anyone else. He was a good student, a gifted artist and was looking forward to starting high school. No one reported a change in his regular demeanor the day his grandfather was killed. His grandmother has said, what trial, there was no trial.

-Everyone who knows Brett says he wouldn't hurt a flea unless he had to. He was not and is not capable of murder.

-Brett's family including his mother, father, grandmother and brother believe IF Brett killed his granddaddy it was in self-defense, most believe he is doing someone else's time.

-Brett has said he would welcome a new trial if it comes his way, but what he wants most is for the public to know he never intended to hurt his grandaddy, he loved him very much and wanted to be like him when he grew up. He lives every day with the crushing weight of what happened that day and accepts all of the blame of that tragic day.

"I should have let Grandaddy kill me" Brett told his Mom during a recess in the trial

Survivor #111796
Photobucket

Brett has grown up and survived in adult jail and maximum security prison since the 8th grade, age barely 15. He tried to kill himself at least twice. He spent his 16th birthday on suicide watch in a cell with no windows, his only possessions a paper gown and a suicide blanket. One kind-hearted CO came in to wish him a happy birthday. Considering the suicide rate for juveniles in prison is 8 times higher, he's lucky to be alive.

Within a year of his arrival at Walnut Grove with an 8th grade education Brett achieved the highest score on the GED as well as the math award. He has completed the ACT class and his teacher the late Mr. Clemons said he would probably ace the test. Mr. Clemons told me he wished all his students were like Brett. He is smart, likes to be challenged, helped him push his cart of books because he walked with a cane due to his MS, worked on trig questions Mr. Clemons would give him and he looked at him as a son. They kept each other's spirits up, would keep Brett from quitting.

Brett doesn't get many visits and limited phone calls home due to the high cost. I talk to him almost every day. He is well liked by staff and inmates. He is a leader and helps and protects other inmates especially those who are small and vulnerable. Encourages inmates to get their GED and helps them study. He helps staff whenever he can and has had jobs in the administration building as well as the education building and in the law library. He is trusted and respected by staff including the warden and the major.

Brett is one of 10 hand picked by the warden and the major to kick off the new Kairos ministry program being implemented at the facility. He hopes to eventually become a mentor to other inmates as part of the program.

In the 3 years I've known Brett I've never heard him say a bad word about anyone including the ones who put him there. He says he gives everyone the benefit of the doubt and looks for the good in everyone. He loves his family both on the inside and the outside. He doesn't blame anyone for why he is there other than himself. He's been incarcerated over 5 years and has only a couple RVRs for minor infractions. He reads voraciously, keeps journals and draws in between working and going to school.

I am not afraid of Brett in the slightest. I would invite him to live in my home with my family. I have met him and look forward to visits when I can make the long trek down to the facility. I trust him and believe in him and know in my heart he doesn't belong there. Bertis Jones' was not murdered by his grandson. It was a tragic accident regardless of what spin and lies was presented to the jury. Brett has a very kind and loving soul. I would trust him with my life

Photo Sharing and Video Hosting at Photobucket

Photobucket - Video and Image Hosting

Photobucket - Video and Image HostingPhotobucket - Video and Image Hosting

Photobucket - Video and Image Hosting

>

Photo Sharing and Video Hosting at Photobucket
Brett, we love you - Mike, Caroline, Lena, Pam

Photobucket"Sol Omnibus Lucet"

PhotobucketBAJ****** Magick Dust*******

believe
New Life
Photobucket

   Save Brett Jones's Friend Space (Top 24)
Save Brett Jones has 402 friends.
 Pamela 


 VII 


 Enette- Brett and Marty's Mom 


 Sharon Bledsoe 


 Cholo 


 GunslingerRK 


 Louise 


 ryan 


 Nathan loves Britney 


 Vanessa 


 * ~Your Greatest Regret~* 


 V 


 James 


 Allie[Amorous] 


 Eric 


 Kimmy 


 Knightgale 


 Tyler 


 Joshua 


 JUSTICE 


 Harry Potter 


 Justice for Christopher Pittman 


 InsideOutz 


 Eminem 





Save Brett Jones's Friends Comments
Displaying 25 of 343 comments  ( View All | Add Comment )
Incarceration Nation

Incarceration Nation



Nov 8 2009 6:29 PM

AdvoCare's Family and Youth Defense Fund

AdvoCare's Family and Youth Defense Fund is established as a legal defense fund using AdvoCare's current tax exempt status and charitable purpose under their Family Bound program. The purpose of the fund would be to provide assistance in general actions, individual cases, or for filing amicus briefs where the outcome of such cases may effect our members and the general public in areas related to our organizations charitable purpose, goals, and description of activities. The fund, and all donations to the fund, would be governed and administered under the direction of AdvoCare's Board of Directors.

Your contributions are certainly needed and appreciated.


www.familybound.org/defense_fund.htm


Please add banner and link to your myspaces, web sites, networks, etc..

You can make a difference. Please do help, please repost, share with your network, etc..



litterbox

litterbox



Oct 28 2009 3:36 PM

Happy Halloween!
♥♥♥Devon♥♥♥

Devon Lopez



Oct 1 2009 4:32 AM

I checked and you didn't sign up for the street team?? What the heck...lol. Anyway sign up and help promote please. I just did the song cash me out and im sooo excited... Let me know after you do. If i dont get back to you right away it's because my internet sucks and it is slow. Put some new pictures up!!!!!!!!!!!!!!! Thanx babe!!




BOBO%20OF%20GUTTA%20GAME
Quantcast
MidNiGhT RoCk ShoW

MidNiGhT RoCk ShoW



Sep 14 2009 5:58 AM

<--------------thinking of you 
No Line on the Horizon

Tarrell Bellinger



Aug 27 2009 6:16 PM

HI THERE! HOW IS BRETT DOING BEHIND BARS? :)
Pamela

Pamela



Jul 13 2009 1:43 AM

Love from your best girl. Keep your chin up.

Photobucket
DR. JONES GANG

DR. JONES GANG



Jun 28 2009 7:26 PM

Hi,


Thanks a lot for the friendship!
I hope you had a good time while viewing the page,
watching the videos and listening to my music!?

Take care and have a great day,
Ralph Jones

..



* ~Your Greatest Regret~*

* ~Your Greatest Regret~*



Jun 22 2009 11:23 PM

I know i will see him face to face again one day and one day soon hopefully :P
MidNiGhT RoCk ShoW

MidNiGhT RoCk ShoW



Jun 22 2009 7:34 PM

Thinking of you...
Lots of love and many prayers,
April
* ~Your Greatest Regret~*

* ~Your Greatest Regret~*



Jun 14 2009 7:09 PM

Talked to brett the other day :) He called..............He sounds so diffrent....i miss him
Equal Justice

Equal Justice



May 30 2009 6:04 PM

Please consider signing petition
Justice for all

http://www.ipetitions.com/petition/popular4people/index.html
GunslingerRK

GunslingerRk Besimi



May 22 2009 4:07 AM

Sorry i haven;t talked 2 u sooner, I don't really stay in town anymore.I'm only here 4 a day or 2 a week but I start working 2morrow so I'll be here more often. So what's going on with fox's case? holla back at me.
Qian Zheng Yi ॐ

Qian Zheng Yi ॐ



May 18 2009 7:10 AM


Stopping in to say hello :)
Much love & light,
- Zheng Yi
Enette- Brett and Marty's Mom

Enette Alcock



May 13 2009 1:11 PM

Which corner? the tall ones on the left are feverfew and beebalm.
Enette- Brett and Marty's Mom

Enette Alcock



May 12 2009 1:15 PM

Yes, old trucks and dawgs are a southern thang.
Enette- Brett and Marty's Mom

Enette Alcock



May 12 2009 1:14 PM

Because we have different parents.....
GunslingerRK

GunslingerRk Besimi



Apr 27 2009 8:42 PM

wat up pam? no letters from him yet, out 2 months and still no letter. n e ways I start work 2morrow, that giy jesse we were locked up with pulled some strings and got me a job roofing with a contractor so that's a plus. tell my boy I miss him and I guess it's gonna take me writing him first and givin him a big ass guilt trip to hear back from him. when u talk 2 him tell him I luv his royal ass and 2 write me. It isn't that hard to get a stamp, he knows i know. be good pam, no matter how much u deny iit I know u got a wild streak in ya. LOL nah just joking. I'll holla at u later.
GunslingerRK

GunslingerRk Besimi



Apr 24 2009 12:52 AM

wat up pam? tell my boy i said wat's up goin 2 see about offshore work 2morrow. still doin me i guess, tire of the world and it's social constraints, n e ways let me know how he's doin tell him i said i'm still waitin on a letter.
i'll go 4 now tell i said royal love
Sonja ~ The EGO Expert™

Sonja ~ The EGO Expert™



Apr 15 2009 7:25 PM

WELCOME!

I pray this finds you in the best health and strength!

It is such a honor to have you be a part of my positive circle.


I invite you to visit my website www.ChooseToEmpower.com
and sign up for your F.R.E.E. Empowerment Newsletter.


Have a blessed day and remember to always be a blessing to others!

Being happy doesn't mean that everything is perfect. It means that you've decided to look beyond the imperfections.

~Unknown

Sonja Sells
Spiritual Coach
For as he thinketh in his heart, so is he (Proverbs 23:7)

www.ChooseToEmpower.com



Pamela

Pamela



Apr 15 2009 5:49 PM

Jeremiah, talked to Fox today. He's takin care of bidniz and living up to his legend, giving Shady tips on how to take care of himself. Alls well, still holding out for a decision soon. You'll be one of the first to know.
Hold the fort down out there, your broh is joining you soon
GunslingerRK

GunslingerRk Besimi



Apr 15 2009 8:27 AM

Brett was my cellmate in the grove. Hope everything goes good for him. Have you heard anything else on his case? Next time you talk to him, tell him I said to write meand that I said Royal love to the fullest. That was my fuckin boy down there and we became living Legends. Tell him I said to hold his head up and to keep in touch. Just cuase I'm out don't mean I'm gone.
VII

Marty Jones



Apr 12 2009 5:52 PM

How is my brother doing?

any word on the 'in due time' thing?
Citizens for Prison Reform and ReEntry

AdvoCare, Inc. AdvoCare, Inc.



Apr 12 2009 3:04 PM

Another Smart on Crime Gathering


AdvoCare
AdvoCare invited you to:

Another Smart on Crime Gathering

When:
Tuesday, April 14, 2009
11:00 AM to 12:00 PM EDT


Where:
Capitol Square - Bell Tower
East Franklin & North 9th Streets
Richmond, VA 23219



Also, check us out at http://www.smartoncrimesolutions.org/gathering.htm.


Dont' forget Family Bound Weekend - http://www.familybound.org/family_bound_weekend.htm.


Oh yeah, and the conference this year will be BIG!
http://www.smartoncrimesolutions.org/annual_conference.htm..

Louise

Louise Besimi



Apr 11 2009 7:02 AM


Check out my page
http://www.wholikesu.net/photos/6657156.html?b=4&w=46




Let me know if you like me YES or NO
http://www.wholikesu.net/photos/6657156.html?b=4&w=46

FREE TIM!!

Timothy McKinney



Apr 6 2009 12:42 PM

THANKS FOR THE ADD!!

INNOCENT MAN ON DEATH ROW!!
HELP TIM AND VISIT: www.timmckinney.org
SIGN THE PETITION on: www.petitiononline.com/j4mckinn/petition.html

Take a look at Tim's Art in his photo gallery
Add Comment


©2003-2009 MySpace.com. All Rights Reserved.