Speaker 1: By Billy Cunningham, the Great America and a studio with
Speaker 1: me now is Joe Eaters former how many County prosecutor
Speaker 1: also on the High Supreme Court now and Mark Petemar,
Speaker 1: who spent how many years prosecuting criminals? Are Mark?
Speaker 2: Did you spend forty four year for six months when
Speaker 2: I was activated for Desert storm?
Speaker 1: So you know it's where the bodies are buried? Forty
Speaker 1: four years? Bhi Joe.
Speaker 3: First of all, you want to make a statement, Well,
Speaker 3: I just want to make sure that your listeners know
Speaker 3: that I am on the Supreme Court and this has
Speaker 3: got nothing to do with the Supreme Court. I voluntarily
Speaker 3: recused myself from anything to do with.
Speaker 4: The Jones case, and.
Speaker 3: I felt compelled to write this letter bill that you
Speaker 3: have now and I think it's on your website too,
Speaker 3: laying out my concerns with MS. Pillage's press conference is
Speaker 3: clearing Elwood Jones of the murder of Roode Nathan, and
Speaker 3: I appreciate the opportunity to come in here talk to
Speaker 3: you about it. I brought Mark with Ian. Mark was
Speaker 3: the trial attorney in this case. I don't know that
Speaker 3: many people know Mark's reputation and I wish he wasn't
Speaker 3: here to listen to this, but it's stellar. He was
Speaker 3: the lead prosecutor in all the Lucasville Right cases. He
Speaker 3: was in that office forty years about maybe the best
Speaker 3: prosecutor in the state of Ohio. And Mark was the
Speaker 3: trial attorney. And I send to be here with us
Speaker 3: just in case you had questions about the facts of
Speaker 3: this thing.
Speaker 1: Mark Pete Meyer did Eldwood Jones murder wrote a Nathan.
Speaker 2: Yes, tell me why, well, a lot of evidence. In fact,
Speaker 2: I was speaking of Joe before. You know, we've tried
Speaker 2: some tough cases where you really rely on eyewitnesses only,
Speaker 2: and those are the kind of the tough cases. And
Speaker 2: people criticize this because it was only quote only, a
Speaker 2: circumstantial evidence case. And to me, circumstantial evidence is unrefuted facts,
Speaker 2: and these are the unrefuted facts. Elwood Jones was working
Speaker 2: on the second floor of the Embassy Suites hotel in
Speaker 2: the afternoon of I think it was a Friday afternoon,
Speaker 2: setting up a banquet room when a couple arrived to
Speaker 2: go into the room next door to where he was working.
Speaker 2: That was Joe Kaplan and Elaine Shube. Elwood could have
Speaker 2: easily seen them go into that room, and our theory
Speaker 2: as he did see them, knew that it was a
Speaker 2: couple staying in that room. Later that night, after Elwood
Speaker 2: got off of work, rode to Nathan, our victim showed up.
Speaker 2: Elwoodt did not realize now that there are three people
Speaker 2: in the room. The next morning, the couple that first
Speaker 2: arrived went down to breakfast and rote of Nathan is
Speaker 2: in the room. She's going to take a shower, and
Speaker 2: Elwood is also working in the room right next door.
Speaker 2: That day, it's a banquet room with the door open,
Speaker 2: and Elwood is a thief. He's a career thief. And
Speaker 2: our belief is is that he saw an opportunity, went
Speaker 2: in the room because he thought it was open and confronts.
Speaker 2: Wrote to Nathan. Rode to Nathan is savagely beaten. He
Speaker 2: died of blunt force trauma. There was very little blood
Speaker 2: at the scene because it was just beaten to death.
Speaker 2: About a half hour later, the couple comes back from breakfast,
Speaker 2: open the door and they find Roda Nathan laying on
Speaker 2: the floor. All she had on her was a bath towe.
Speaker 2: They think, oh my god, she must have had a
Speaker 2: heart attack. And they call paramatics and they come and
Speaker 2: they're treating her, trying to revive her from what they
Speaker 2: believed was a heart attack. Two other things were noticed
Speaker 2: by the couple at the time. There was a distinctive
Speaker 2: handweight made necklace that Roda always wore around her neck
Speaker 2: and it was missing. Also, Elaine Schub noticed there were
Speaker 2: hundreds of dollars of cash that she had in her
Speaker 2: purse that was taken. One other thing is this is
Speaker 2: a you know, thirty years ago or so, and back
Speaker 2: then they didn't have the electronic key cards. You needed
Speaker 2: a key to get in the door, and the door
Speaker 2: latsed automatically, but Joe Kaplan was sure when he left
Speaker 2: the room, he did what most people do, checked to
Speaker 2: made sure it was securely locked, because they didn't one
Speaker 2: it opened with Rooda in. They're taking a shower. When
Speaker 2: Rhoda gets to the hospital, she dies. They take her
Speaker 2: to the coroner's office and lo and behold, they find
Speaker 2: that she died from blunt for's trauma. A couple other
Speaker 2: things about her body. There was a couple of distinctive
Speaker 2: bruises that were developed on her body. One was very
Speaker 2: consistent with a walkie talkie, which some of the workers
Speaker 2: in the hotel were issued. Elwood Jones was one of those.
Speaker 2: There was also a door chain a latch, which is
Speaker 2: kind of an unusual mark to have on a body.
Speaker 2: She also had that on her body, and it told
Speaker 2: us that whoever did this three things we know for sure.
Speaker 2: The person had to have a master key. The person
Speaker 2: also had to have a walkie talkie, and the person
Speaker 2: also had to have one of these door latches. We
Speaker 2: also know that the person that did this took Rhoda's necklace.
Speaker 2: When Elwood Jones arrived at work that morning, everybody noticed
Speaker 2: he was fine. A couple hours later, people noticed that
Speaker 2: his left hand was bandaged, and people said, Elwood, what
Speaker 2: happened to your hand? And one person he said, oh,
Speaker 2: I was taking some trash out and I fell and
Speaker 2: I cut it. And somebody else asked him he says, well,
Speaker 2: when I was up on the second floor taking down
Speaker 2: that banquet room, a piece of the floor and fell
Speaker 2: on my hand and he cut it.
Speaker 1: So some inconsistent things.
Speaker 2: Immediately, when Blue Ass started investigating, they realized one very
Speaker 2: important thing. Whoever did this had to be in the
Speaker 2: hotel that morning and had to have a master key,
Speaker 2: and that limited the suspect pool from hundreds of people
Speaker 2: in the hotel to about four people. You know what
Speaker 2: I'm saying this, I feel like I've given an opening
Speaker 2: statement again. But these are the facts, and this is
Speaker 2: what we presented to the jury. About four or five
Speaker 2: days later, Elwood's hand got very infected and he's thinking,
Speaker 2: I'd better do something about this, and he goes to
Speaker 2: some clinic and there's a doctor, John McDonough, who taught
Speaker 2: at UC Med School, and he was one of the
Speaker 2: best hand surgeons in the country. And one day a
Speaker 2: month he would volunteer to go to this clinic and
Speaker 2: treat people basically for free. It's almost like God said,
Speaker 2: I want you there that day because I want someone
Speaker 2: to see what Elwood has. And Elwood comes in and
Speaker 2: his left hand has severely sworn. It's Elwood, what what
Speaker 2: happened to your hand? And he gives them a couple
Speaker 2: other stories. And the doctor knows that anytime you've got
Speaker 2: a cut in one of your knuckles, chances are you
Speaker 2: pop somebody in the mouth. He also knows that inside
Speaker 2: the human gum line there's a bacteria Aikinella crodins I
Speaker 2: don't know science very well. Hell, I want to Roger
Speaker 2: Bacon I Joe couldn't get in, but he had to
Speaker 2: settle for saying it's just sad, you know, but we
Speaker 2: have standards like you. Anyway, he knew that if I
Speaker 2: don't treat this hand for Konella crones or tests for it,
Speaker 2: he's going to lose his hand. So even though Elwood
Speaker 2: said I cut it on something, he tested for this
Speaker 2: bacteria that's in the gum line. Lo and behold, it's
Speaker 2: Akonela crodins. In fact, he was so sure of this
Speaker 2: he took a picture of Elwood's hand to teach to
Speaker 2: his medical students and said, if anybody ever comes in
Speaker 2: with a hand swollen like this, you've got to test
Speaker 2: for that bacteria because if you don't, they're probably gonna
Speaker 2: lose their hands. So when this came out, everybody started
Speaker 2: focusing on Elwood. Blue Ash police got a search warrant
Speaker 2: for his car, for his home, for his trunk of
Speaker 2: his car. A couple things they found. Number one, they
Speaker 2: found Milwaukee talkie that actually Joe and I went to Washington,
Speaker 2: d C. And had the FBI lab look at it,
Speaker 2: and they were able to match it again it's Alwaukee talkie.
Speaker 2: There were more than one in that hotel, but it
Speaker 2: matched all the rivets and everything matched exactly. The mark
Speaker 2: on road in Nathan's check chest. Also in his toolbox
Speaker 2: there was one of these door latches and that also
Speaker 2: matched the toolmark. The impression of that door lock on
Speaker 2: her chest, which is again that's a lot more unusual
Speaker 2: than Milwaukee talkie. But the absolute thing that clinched it
Speaker 2: all was that pendant of Rooda Nathan. There were a
Speaker 2: picture of taking of Roda Nathan wearing that, and it
Speaker 2: matched exactly that pendant found in the trunk of Elwood
Speaker 2: Jones's car. I think that's a pretty darn good case.
Speaker 1: Rhoda is almost reaching back from the grave saying the
Speaker 1: evidence of my killing is in possession of the murderer,
Speaker 1: and that man was Edward Jones. And Rotea had that
Speaker 1: virus in her mouth.
Speaker 3: That was so that's how the infection occurred.
Speaker 1: Joe. When I read and you looked at the news
Speaker 1: conference of our new prosecutor, Connie Pillage, she uses words
Speaker 1: like cheat it in quotes that you and Mark cheated.
Speaker 1: She also used terms that you withheld evidence well, in
Speaker 1: other words, she's accusing you two of making sure that
Speaker 1: an innocent man is convicted and the guilty guy gets
Speaker 1: all free. Whoever, this mystery man is with OJ Simpson
Speaker 1: in a sand trap. So how do you respond to
Speaker 1: this allegation of Connie Pillach, who never tried a criminal
Speaker 1: case in her life, that you cheated.
Speaker 3: I'm, frankly, I'm dumbfounded by the allegation. She's further stated
Speaker 3: she's cleared him because of modern medical scientific evidence. I
Speaker 3: don't know what she's talking about. If she is talking
Speaker 3: about hepatitis B. The defense's own witness, in his request
Speaker 3: for a new trial, said there was about a thirty
Speaker 3: three percent chance of him getting that by punching her
Speaker 3: in the mouth.
Speaker 4: So it's not.
Speaker 1: How can you exclude.
Speaker 3: Somebody when there's a seventy or sixty seven percent chance
Speaker 3: that that could still be true. But the allegation, Look,
Speaker 3: I said this in the letter. I hope the people
Speaker 3: that are listening to this could have a chance to
Speaker 3: read the letter.
Speaker 4: It's not that long.
Speaker 3: It's on our website, it's on your website.
Speaker 4: It's just so offensive.
Speaker 3: If she wants to let this guy go, maybe she says, oh,
Speaker 3: you know what, thirty years is enough, the litigation is enough.
Speaker 3: In mercy for whatever reason decides to let him go.
Speaker 3: I got no problem with that. She's the prosecutor. She
Speaker 3: can do whatever she wants. What I take umbrage to
Speaker 3: is accusing the prosecutor's office of what I mean, seriously,
Speaker 3: she's accusing people of a crime here hiding evidence. I mean,
Speaker 3: that is outrageous to make that allegation. There's no proof
Speaker 3: of it. And even that, Look, we had the trial,
Speaker 3: it went through all the judges in state court, affirmed, affirmed, affirmed,
Speaker 3: Then they go to federal court. And when they went
Speaker 3: to federal court, they asked for all these documents from
Speaker 3: Blush police. We're basically questionnaires given to everybody stay at
Speaker 3: the hotel. The vast majority was we didn't see anything.
Speaker 4: Okay.
Speaker 3: That's the thousands of pages of evidence that was hidden,
Speaker 3: and then police runs to the hotel. The Federal Court
Speaker 3: of Appeals, the judge of at the trial level said
Speaker 3: that the material was in fact immaterial and it would
Speaker 3: not have affected the outcome of this trial. Then it
Speaker 3: went all the way to the six Circuit Court of Appeals,
Speaker 3: Federal Court Appeals on the same issues exact same issues,
Speaker 3: and they unanimously affirmed that too. So this has been
Speaker 3: litigated before, and to claim now that we've hid evidence
Speaker 3: or that you can exclude this guy is total bull crap.
Speaker 4: Okay.
Speaker 1: Also, she said the modern scientific when she said that, I,
Speaker 1: you know, I think about DNA.
Speaker 4: That's what I thought.
Speaker 1: There's no DNA. She was talking about a hepatitis B
Speaker 1: that one third of the time is communicated two thirds
Speaker 1: of time not Also, Mark Petemyer, you were in charge
Speaker 1: of providing to the defense in this case all available evidence.
Speaker 1: You've been accused of playing a game of Lucy Hyde
Speaker 1: the football, and that you had these thousands and thousands
Speaker 1: of pages of inculpatory or exculpatory evidence that you refuse.
Speaker 1: You knew what was in there, and you didn't want
Speaker 1: to give it to the defense because it proved that
Speaker 1: Elwood was innocent. That's the allegation of Connie Pillage. You're
Speaker 1: the guy in charge of giving the papers. What do
Speaker 1: you say about that one? That's just not true.
Speaker 2: And Bill, you've tried a lot of cases too, including
Speaker 2: murder cases, and the rules of discovery back then is
Speaker 2: the basically everything you had you gave to the defense.
Speaker 2: One thing they were not entitled to were witnesses statements.
Speaker 2: Now since then the law has been changed. But as
Speaker 2: you know, if I called Joe Deaders as a witness
Speaker 2: and he's made a prior statement before you cross examine him,
Speaker 2: you can ask the judge to review his prior statement,
Speaker 2: and the judge will do that, and if there's anything
Speaker 2: in there inconsistent here, say hey here, Bill, you can
Speaker 2: cross examined leaders on this because he said some things
Speaker 2: different that happened during the trial a couple times.
Speaker 1: That's the only thing that was not given. But again
Speaker 1: they had access to it during the trial. All this
Speaker 1: other stuff, these questionnaires at Blue ass sent out that
Speaker 1: meant nothing. As far as I know, we never got
Speaker 1: and we certainly never got afterwards. We never subpoenaed the
Speaker 1: records of all the crimes that ever took place in
Speaker 1: that hotel. I remember they had some prostitution ring if
Speaker 1: you going on back there years ago, that a lot
Speaker 1: of people were prosecuted for that, they had some undercover
Speaker 1: cops in there.
Speaker 2: Those are the kind of records they also subpoened. So
Speaker 2: the vast, vast majority of this stuff we never had.
Speaker 2: But the federal judge got all this all this stuff
Speaker 2: that they said proved he was innocent and that we withheld. Again,
Speaker 2: we didn't even have it. The judges looked at it
Speaker 2: and says, there's nothing here. This is absolutely nothing that
Speaker 2: exculpates Elwood Jones.
Speaker 1: And that's why it's already been ruled on. That's why
Speaker 1: when a common police judge basically overruled the federal judge
Speaker 1: and the Federal six Circuit Court of Appeals, it's like,
Speaker 1: what's going on. Judge Cross never been on the bench before.
Speaker 1: She's a brand new judge from the Public Defender's Office,
Speaker 1: and she held a four day hearing on emotion for
Speaker 1: a new trial, essentially the appetitis B issue and not
Speaker 1: giving over the document she used to explain, what's the motivation?
Speaker 1: Joe Dieters, what's the motivation?
Speaker 4: I have no idea why you would do this.
Speaker 3: I mean, she's parroting the talking points of the defense attorneys,
Speaker 3: which is a good thing sometimes, well for you maybe,
Speaker 3: But she's supposed to be representing the state of Ohio.
Speaker 3: And you know, and I know this is kind of
Speaker 3: personal in nature, but I was the prosecutor and I
Speaker 3: litigated this case for twenty five years, and she clearly
Speaker 3: talked to the defense attorneys.
Speaker 4: She was in a press commerce.
Speaker 3: She said, oh why send them a screenshot of my
Speaker 3: emotion to dismiss the whole case, you know, almost gleefully.
Speaker 1: And she never called me one time.
Speaker 4: I've met her.
Speaker 3: One time, I said, if you need thing, feel free
Speaker 3: to call me. Be happy to talk to you about
Speaker 3: the office. But so she talks to the I don't
Speaker 3: know who she talked to besides these defense attorneys that
Speaker 3: she said she talked to. But anyone who thinks that
Speaker 3: Ellwood's been excluded, Uh, I'm trying to be judicious about this.
Speaker 3: It's either dead wrong or they're lying. You know, they
Speaker 3: just don't understand what this What exclusion means, it's gonna turn.
Speaker 3: It means he can't possibly be the guy. That's what
Speaker 3: Connie Pillage said.
Speaker 1: This cannot be the guy Mark Petemer based upon the
Speaker 1: layout of the case. This can and in fact, there's
Speaker 1: somebody out there who committed this other than El would
Speaker 1: now talk about his record many you didn't talk about it.
Speaker 1: He was in his early forties when he committed these crimes.
Speaker 1: And you know, I watched the Curtis Fuller interview at
Speaker 1: Channel five and almost seem like a he was a
Speaker 1: boy scout leader. When we come back, I want you
Speaker 1: to talk about the previous record Eldwood Jones. Well, this
Speaker 1: misbehavior is consistent, which includes, by the way, assault on
Speaker 1: a police officer. We'll talk about that on the other side.
Speaker 1: And by the way, the letter is on our Twitter account.
Speaker 1: Let's continue with more. Bill Cunningham with Mark Pete Meyer
Speaker 1: and Joe Eaters on news Radio seven hundred WLWN. Let's
Speaker 1: continue now we have in the studio Joe Meeters and
Speaker 1: also Mark Pete Meyer left it kind of hanging because
Speaker 1: many times this is such a vicious beating. Some of
Speaker 1: wrote his teeth was found in her stomach.
Speaker 2: Correct, there was one on the floor of the hotel
Speaker 2: room and one was found in her stomach.
Speaker 1: Yes, Now, what was the previous criminal record of Elwood Jones.
Speaker 2: You know, it's interesting because when they did the podcast,
Speaker 2: the inquiry reported to the original podcast, she says, well, well,
Speaker 2: wouldn't no, you're not a saint, or he goes, oh no, no,
Speaker 2: I gotta admit I'm a thief. I'm a thief, and
Speaker 2: it was all they laughed about that, like it's okay.
Speaker 2: But he was more than a thief. He was arrested
Speaker 2: five or six times for assault, you know, beating someone,
Speaker 2: once for domestic violence, which would have been beating his wife,
Speaker 2: once for assault on a police officer. But he was
Speaker 2: also arrested four times, four different times for aggravated burglar,
Speaker 2: which is breaking into someone's residence to steal something. After
Speaker 2: I guess the first couple. He actually was convicted on
Speaker 2: one of those and went to prison, apparently convinced the
Speaker 2: par board that hey, I've been scared straight, I learned
Speaker 2: my lesson. You're not going to see me again. They
Speaker 2: cut him loose early, and with a short amount of
Speaker 2: time he was arrested and convicted of another burglary and
Speaker 2: went down to prison. So Elwood Jones was a career criminal,
Speaker 2: and what better place for a guy like him to
Speaker 2: work at a nice hotel with a master key.
Speaker 1: It's like a kid in a candy store. One of
Speaker 1: the other allegations of County pillage was that there was
Speaker 1: someone else who would confessed to the murder of Elwood Jones.
Speaker 1: Can you ferret out the facts in that matter?
Speaker 2: Yes, this was first came to light, I think from
Speaker 2: one of his attorneys twenty years after the murder happened,
Speaker 2: but they had a lady who said back around that
Speaker 2: shortly after this happened, she was locked up in the
Speaker 2: justice center and her cell mate was a lady I
Speaker 2: think her name was Linda Reid. And they get to
Speaker 2: be talking, kicking a little bit, and Linda Reid tells
Speaker 2: this lady, I have to tell you something. You know
Speaker 2: that person that's been arrested on that embassy suite's case. Yes, yes,
Speaker 2: well my husband the one is really did it, and
Speaker 2: the Blue Ash Police framed that guy for it, but
Speaker 2: my husband is really the one.
Speaker 1: That is important stuff right now, Yeah, this is big.
Speaker 1: Well somebody confessed to it. So you're Mark Petmer's your
Speaker 1: ears looked like a rabbit. Well this is you know,
Speaker 1: it is twenty years later, but still, who is this guy?
Speaker 1: I mean, I never remember number one. He didn't work
Speaker 1: for Blue ass Police. Number two, there's no association with
Speaker 1: him in the hotel. And then we find out at
Speaker 1: the time this lady is locked up and she's telling
Speaker 1: her cellmate this. She's going through a divorce with her husband.
Speaker 1: So I'm thinking, well, that's kind of red flag number one.
Speaker 1: But I don't say, you know what, I'm gonna go
Speaker 1: over and pull the domestic relations court case and see,
Speaker 1: maybe this guy is a violent guy and he's constantly
Speaker 1: beating the crap out of her, and maybe it's something
Speaker 1: like that. When I pull the file, I see it's
Speaker 1: Ken Peller, guardian for Ken Peller's a local attorney, guardian
Speaker 1: for Linda Red versus mister Reed. And I'm thinking, why
Speaker 1: does she have a guardian? I mean, why is she
Speaker 1: not participating in the divorce. So I look further and
Speaker 1: actually contacted Ken Peller. He says she was incompetent. She
Speaker 1: was mentally incompetent to participate. That's the hook upon which
Speaker 1: Connie Pillage hanged part of this. Well.
Speaker 2: First of one, it's double hearsay because the guy that
Speaker 2: really did it is dead. His wife is really dead,
Speaker 2: So the person that did it telling his wife is
Speaker 2: hearsay it, and his wife telling this other lady is
Speaker 2: double hearsay. So number one, it's legally admissible, inadmissible. But
Speaker 2: this lady that said it was found crazy by the
Speaker 2: court so much that she couldn't even participate in.
Speaker 1: Her own divorce. No way in the world that is evidence.
Speaker 2: But that is the third prong Again, Number one is
Speaker 2: the evidence that we withheld that the court said no.
Speaker 2: Number two is the hepatitis, which only a third of
Speaker 2: the people. In fact, the study that I referred to
Speaker 2: us people that use needles of other people, and you're
Speaker 2: very likely probably.
Speaker 1: To get it there, but a third of those people
Speaker 1: get it. Only a third.
Speaker 2: So anyway, those are the three prongs based on that
Speaker 2: he's cleared.
Speaker 1: He's yeah, someone else confessed, Joe talk about hepatitis b
Speaker 1: because you told me off there. There was some reference
Speaker 1: in the optops optops the well, the defense.
Speaker 3: Initially said, we hid the fact that she had hepatitis.
Speaker 4: Did you do that?
Speaker 3: Well, it was in the autopsy report that they got.
Speaker 3: It was in black and white. Yes, it was inlaps,
Speaker 3: he said. And I don't have to tell them what
Speaker 3: defense to pursue. They can do whatever they want. You know,
Speaker 3: it's not my job. But they received information she had hepatitis.
Speaker 3: You know the reason I wanted to come her bills.
Speaker 3: I was so offended by that press conference.
Speaker 4: I mean, it was.
Speaker 3: Factually and fundamentally incorrect, and it was so offensive to
Speaker 3: accuse my office of hiding evidence to convict an innocent man.
Speaker 3: It I don't know that she realizes the magnitude of
Speaker 3: that statement. I mean, if people actually did that, they should.
Speaker 4: Be in jail.
Speaker 3: That it's just beyond defensive to me. And she I
Speaker 3: think she owes the prosecutors an apology for this, but
Speaker 3: you know she's obviously talking to defense attorneys and that's
Speaker 3: who she talks to. So I guess that's the message
Speaker 3: you get out of this whole case.
Speaker 1: And Mark Pete Myer. As far as Elwood Jones himself,
Speaker 1: I watched an interview on Channel five he did of
Speaker 1: a Curtis Fuller positioning himself as a guy who's made
Speaker 1: a few mistakes in the past, like beating up your
Speaker 1: wife and hitting cops and serving time in prison for
Speaker 1: burglaries twice, and now he's seen the light. And when
Speaker 1: she uses the term cheated, that you cheated in this case,
Speaker 1: how does that strike your heart? It really offends me.
Speaker 2: And again I was asked by Connie Pillitts to stick
Speaker 2: around and help with the transition for the office, which
Speaker 2: I agreed to do.
Speaker 1: And I you know, she's the other party.
Speaker 2: I supported Missy Powers, and I thought, you know, people
Speaker 2: are going to come in and take over the senior positions.
Speaker 2: That really have never done this stuff. In fact, within
Speaker 2: the first month, I think we had two different police shootings,
Speaker 2: and I always went on both of those, on all
Speaker 2: of those. So I took the new people out to
Speaker 2: show you how we get involved in these police shootings,
Speaker 2: what we do when we don't do, how we make decisions.
Speaker 2: So you know, I did my best to help with
Speaker 2: the transition, you know, just so because I cared about
Speaker 2: the office.
Speaker 1: I cared about the county forty four years, yes, And
Speaker 1: for them to imply that, and Seth Tiger was the
Speaker 1: other person that tried the case, I saw much younger
Speaker 1: Mark Petemyer and a much younger Seth Tiger standing up
Speaker 1: in nineteen ninety Yes, yes, ninety five or six was
Speaker 1: the trial.
Speaker 2: And now we're bent over with walkers. It's not the
Speaker 2: same game. But again I just I was stunned. I mean,
Speaker 2: I just where did this come from?
Speaker 1: Now another aspect of the case is I can sense
Speaker 1: things are often about money, and the county prosecutor is
Speaker 1: in charge of representing judges and prosecutors because the county
Speaker 1: prosecutor has civil responsibilities, thinking as a civil attorney, which
Speaker 1: I think neither maybe you two or none. I don't
Speaker 1: know you're on the Supreme Court and you're retired more
Speaker 1: or less. What does it do when the county prosecutor
Speaker 1: representing the judges and the prosecutors and the sheriff, et cetera,
Speaker 1: come in open forums and say, you know what, we
Speaker 1: cheat it not we, but you guys cheated, you withheld
Speaker 1: evidence and there's new stuff that isn't new stuff. What
Speaker 1: does that do for the liability of Hamilman County.
Speaker 2: To me, you're saying we are liable. You know, there's
Speaker 2: two things in a civil suit. A is are you
Speaker 2: liable for it? And b as how much money do
Speaker 2: you get? And she is the has a civil division
Speaker 2: that represents the county against lawsuits, and she's basically saying,
Speaker 2: we didn't accidentally we may have intentionally sent an innocent
Speaker 2: man to death row. I don't think it's if it's
Speaker 2: when Ellwood's going to file this huge civil suit against
Speaker 2: the county, and if i'm them, witness number one is
Speaker 2: County Pillage. Hey, you said he's exonerated and the office cheated.
Speaker 3: I might I sent this letter to the Attorney General's
Speaker 3: office today also because if he makes his ridiculous claim
Speaker 3: though at least no where to go to talk to
Speaker 3: about the facts of the case. I just want to
Speaker 3: make it very clear to your listener's bill, my office
Speaker 3: doesn't cheat. To make that statement is highly offensive. Elwood
Speaker 3: Jones is a murderer. We had the right guy, absolutely
Speaker 3: positively sure, and.
Speaker 1: She let him go. Now why she let him go,
Speaker 1: I have.
Speaker 3: No idea, But her reasons that she stayed in her
Speaker 3: press conference are ridiculous, and they're so easily proved as false.
Speaker 3: I can't believe she said it. At this point, where
Speaker 3: do we go from here? Ellwood?
Speaker 1: Right now?
Speaker 3: Elwood is a freeman and there's absolutely nothing that can
Speaker 3: be done about it. But I just hope that some
Speaker 3: truth comes out of that office. You know, when they
Speaker 3: make decisions like this of this magnitude. This is a
Speaker 3: thirty year old death penalty case, and everyone forgets about
Speaker 3: Rhoda Nathan, everyone forgets about the victims family, and they're
Speaker 3: this suffering. I talked to her son a couple of
Speaker 3: times over the weekend, and his hurt is like it
Speaker 3: happened yesterday. Connie said he was disappointed. Yeah, she said,
Speaker 3: he's furious. And as a matter of fact, we gave
Speaker 3: I think you have his statement bill that he made.
Speaker 3: He's stunned, he's sick to his stomach. It went beyond disappointment.
Speaker 1: Mark Pete Maher as far as it's inexplicable, how this
Speaker 1: diamond special brooch just happened to show up in the
Speaker 1: toolbox of Elwood Jones. And there's no answer other than
Speaker 1: somebody planeted it. Uh, you know the O. J. Simpson defense.
Speaker 1: Somebody somebody killed, you know, the two gloves and the
Speaker 1: blood and the car. Someone did it, and so can
Speaker 1: you state for the record. I feel silly asking this
Speaker 1: question whether you plant it, the diamond brooch and the
Speaker 1: toolbox along with the pass key and the chain link.
Speaker 1: Did you plant or did blue eh police plan it
Speaker 1: to make sure an innocent man was convicted and a
Speaker 1: guilty man sent free. Can you admit whether or not
Speaker 1: you did that or not? I want a lawyer. You
Speaker 1: want a lawyer. Take the fifth bill.
Speaker 3: If if they're going to frame Elwood, why don't just
Speaker 3: get somebody wrote his blood and throw it around his
Speaker 3: car or throw it on his clothes.
Speaker 1: The other thing.
Speaker 2: One of the first officers interviewed him and he wasn't
Speaker 2: in custody yet, and they talked to him. They could
Speaker 2: have said, you know, he told me I didn't mean
Speaker 2: to kill her. I didn't think anybody be in I mean,
Speaker 2: they could make up a statement. The important thing is, too,
Speaker 2: is when as soon as that other couple got back
Speaker 2: to the room, they noticed her necklace was gone. So
Speaker 2: it's not like it was laying on the floor and
Speaker 2: an officer could have picked it up. And plus, why
Speaker 2: would you You're thinking this is a piece of evidence.
Speaker 2: You're going to put it into evidence. You're going to
Speaker 2: put it in a little baggy, you're gonna print it,
Speaker 2: You're gonna do that. So theoretically one of the officers
Speaker 2: got that, held it till the right time, and then
Speaker 2: somehow put it in his toolbox. It's just physically, I
Speaker 2: don't know how you could do it.
Speaker 1: So, in a sense, indirectly or directly, Hamnica Prosecutor's office
Speaker 1: is accusing a dead blue ash police officer of planning
Speaker 1: evidence in the capital case. Yes, Joe, how does well?
Speaker 1: It's that's absurd.
Speaker 3: It's one of many offensive statements made by this office
Speaker 3: that I would hope people ask the hard questions, how
Speaker 3: can you exclude this guy? How can you make these
Speaker 3: statements that people hit stuff. I mean, it's just false.
Speaker 3: It's it is blatantly false. And that's one thing. And
Speaker 3: I said before, if she wants to let the guy go,
Speaker 3: that's her. I mean, she's a prosecutor, have mercy. You know,
Speaker 3: he's been in there thirty years, whatever, go ahead, let
Speaker 3: him go. But to then use just falsehoods for the
Speaker 3: reason that evidence was hidden and that new medical scientific
Speaker 3: evidence has excluded him, that's just false. And someone else confessed,
Speaker 3: I mean, she's making false statements, I mean, just to
Speaker 3: her constituents about this case and impugning the reputation of
Speaker 3: really good prosecutors that devoted their lives to public service.
Speaker 3: And she, you know, she just casually makes that offensive comment,
Speaker 3: and it's horrible.
Speaker 1: Do you have a concern in the future there's other
Speaker 1: noted cases that you two guys handled, and you're two
Speaker 1: of one of one hundred and fifty prosecutors in Hamlin County.
Speaker 1: When you two guys are there.
Speaker 3: Well, she listens to defense attorneys and not talk to
Speaker 3: the prosecutors. She's gonna come the same conclusion on a
Speaker 3: bunch of cases. There's not the case of Woganstall Tracy Hunter.
Speaker 1: Just line them up let's come up with something here,
Speaker 1: Anthony Anthony Kirkland. After all the defense counsel said, you know,
Speaker 1: is he is he executed yet?
Speaker 2: No, but he's there's that SMI defense serial mental illness
Speaker 2: that they found a doctor to say he has that,
Speaker 2: and if he does, the judge can take him off
Speaker 2: death row, but.
Speaker 3: Not only off that. Ell would not off death row.
Speaker 3: He got to know our bond and it's walking around
Speaker 3: Hamilton County right now.
Speaker 4: Well he's he.
Speaker 3: Doesn't even have to know our bond anymore. He's free
Speaker 3: with prejudice, which means it's over. It could ever be refiled.
Speaker 3: Are you concerned this will be repeated? As part of
Speaker 3: your motivation coming here today is to say, okay, this
Speaker 3: is Elwood Jones. He got thirty years, which is better
Speaker 3: than nothing. But worry about the next case, in the
Speaker 3: next case, in the next case. Have you concerned this
Speaker 3: this will be repeated?
Speaker 4: I hope it's not, but.
Speaker 3: You know, unfortunately, I'll have to speak out on it
Speaker 3: again if it does, and I will, especially if she
Speaker 3: uses the reason, oh we hid evidence or you know
Speaker 3: something that's totally false scientifically, I mean it's just false.
Speaker 4: I don't know how else to say it.
Speaker 1: And as far as the dead police officer in blue
Speaker 1: ash his name's been out there, I hesitate to repeat it.
Speaker 1: She's indirectly accusing him or someone like him, of committing
Speaker 1: serious felonies while wearing the uniform of a police officer.
Speaker 1: He's and by all counts, was a great police officer.
Speaker 1: And you know Marx has said this before. You know,
Speaker 1: he's got kids, he's got a wife, and to hear
Speaker 1: your dead father talked about like this, and if nothing else,
Speaker 1: I mean, somebody has to stand up for a road
Speaker 1: to Nathan.
Speaker 3: I mean she she came to this this tell for
Speaker 3: a bar mitzvah from New Jersey, Yeah, and was brutally murdered.
Speaker 3: The evidence is overwhelming on Elwood Jones, and it just
Speaker 3: seems like her name gets lost in the shuffle here.
Speaker 1: Yeah, came here for a Jewish shavenna about Smithsmah and
Speaker 1: all of a sudden she has her teeth punched down
Speaker 1: into her stomach. Can you imagine the violence of that attack?
Speaker 1: She sixty seven year old woman with Elwood had no chance,
Speaker 1: but she fought like a warrior poet and she lost,
Speaker 1: and she lost her money out of her purse. She
Speaker 1: lost her life, she lost her diamond brooch, almost as
Speaker 1: if she said, the killer has my diamond brooch.
Speaker 3: She lost her life, but think about what her family
Speaker 3: lost because by all accounts, and I talked to her again.
Speaker 3: I talked to her son Val over the weekend twice.
Speaker 3: She was just a lovely woman. Just she kept their
Speaker 3: family together. And the loss they feel almost hourly.
Speaker 2: And.
Speaker 4: Someone needs to speak for her.
Speaker 3: And I just wish there is more sensitivity to victims
Speaker 3: in that office.
Speaker 1: Mark Pete, maher thank you. Anything that you want to
Speaker 1: add I haven't. I've asked you a few questions here, sir,
Speaker 1: Are you okay? I'm okay, You're okay. I'll say hell
Speaker 1: out of my wife, Carol. She's listening.
Speaker 2: How many years fifty years in May she going to
Speaker 2: keep you or not? We went to the Roger Bacon
Speaker 2: prom together, so, oh my gosh, back in a good
Speaker 2: old day, back in a good old day.
Speaker 1: Yes, I'm not sure there was so Joe you okay.
Speaker 3: The last thing my wife says said, don't say hi
Speaker 3: to me, So I'm not going to do that.
Speaker 1: Well nine stands for news. That's all I know. Well, guys,
Speaker 1: good luck and by the way, you think it's over.
Speaker 1: I think it's just it's over. It's for Elwood is over.
Speaker 4: It's over for Elk.
Speaker 1: You come forward and confess now. And there's legally nothing
Speaker 1: you can do about it because she dismissed it with prejudice.
Speaker 1: So Ellwood could say, you know, I found the lord,
Speaker 1: beat up cops, beat up my wife, burglarized a bunch
Speaker 1: of places, went to prison a few times, and then
Speaker 1: all of a sudden, you know, I'm sorry I did,
Speaker 1: Murder wrote, I'm very sorry I did, and I beat
Speaker 1: her to death and I shouldn't have done it. But
Speaker 1: I suspect that will not occur. But if it did,
Speaker 1: he's still a free man. Joe, thank you. You worry
Speaker 1: about the future, don't you do? This is one case
Speaker 1: I do. All right, Mark, thank you, sir, thank you.
Speaker 1: Let's continue with more News Radio seven hundred WLW