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Love Never Surrenders
by inmate jeremiah

/a>

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.

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

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

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

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

"Sol Omnibus Lucet"

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

New Life