Review of Leroy Evans Case

At the request of Mr. Michael Malloy, Esquire, I reviewed the case against Leroy EVANS
for the purpose of re-opening the investigation. I am a retired law enforcement officer of
thirty-one years, the last seventeen years of my career as a detective; twelve years as a
detective in the Cheltenham Township Police Department. During this time I investigated
several different types of crimes. It was at this time that I was trained as a crime scene
detective, and attended many schools designed to educate crime scene investigators in areas
such as fingerprinting, crime scene photography, evidence collection and recovery, and
bloodstain pattern analysis. I had processed hundreds of crime scenes such as burglaries,
robberies, sex crimes, death scenes, and homicide scenes. The last five years of my career I
worked as a homicide detective for the Montgomery County District Attorney's Office. My
primary responsibility during this time was to investigate murders, suicides, homicide by
vehicle, and suspicious deaths throughout the County. During my law enforcement career I
investigated or participated in the investigation of fifty or more murders. While employed by
Montgomery County I processed some homicide scenes. Some of these scenes were complex.
One notable homicide was the murder of Ellen Robb, the wife of Rafael Robb, former University
of Pennsylvania professor. In this case, Dr. Robb bludgeoned his wife to death, leaving a very
bloody and staged crime scene which required an analysis of bloodstains as a component of the
crime scene investigation that assisted investigators in a better understanding of the dynamics
of the crime. This was an active crime scene for three days. In addition to the criminal case
against Dr. Robb, I also testified about my crime scene investigation in the wrongful death trial
against Dr. Robb.

Summary of the Case:

On November 11, 1980, the Chester Police Department (Delaware County) investigated
the aggravated assault and robbery of Emily Leo. Anthony Tyrone JONESand Leroy EVANS
were arrested for the crime. On November 28, 1980, the victim succumbed to the injuries she
sustained in the assault and robbery. JONES subsequently told police that EVANS was a co-
conspirator and EVANS was ultimately arrested.

JONES gave a statement and made a deal with the District Attorney's Office to testify
against EVANS. JONES plead guilty to Murder, Title 18 §2502 on November 23, 1981 and
received a sentence of ninety-nine years, ninety-nine months, ninety-nine days. Following his
trial, Leroy EVANS received a sentence of ninety-nine years, ninety-nine months, ninety-nine
days on November 23, 1981.

EVANS contended then and now, thirty-six years later, that he was not a participant in
the events that led to Emily Leo's death. He is currently seeking to have a new trial. Michael
Malloy, Esquire, is EVANS's lawyer of record in the attempt to win a new trial.

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 At the request of Mr. Malloy, the case is being reviewed. The material contained in this
review was gathered from transcripts from EVANS'S trial. The issues that we believe are
material to the granting the re-opening of the case for further investigation.

The sources consulted during the preparation of this report come from the following
documents:

1. Trial transcript of Dr. Kontostavlos, Forensic Pathologist

2. Trial transcript of Anthony JONES
3. Trial transcript of Detective Sergeant Commodore Harris, Chester Police Dept.
4. Trial transcript of Detective Siti, Delaware County C.I.D.
S. Trial transcript of Darren Handy
6. Trial transcript of Leroy EVANS
7. Sworn Statement of Anthony JONES,July 29,2016

As part of this review, it became apparent that the trial transcripts that were provided to
me were not sufficient alone to help make a proper analysis of the case against Leroy EVANS.
There are other items that are part of this case and are important in making informed
comments about this case. Among those numerous Discovery items that I believe are critically
important to be reviewed and determine if this Discovery/evidence corroborates or rebukes
Mr. JONES'S statement of July 29, 2016. They are as follows.

1. All crime scene photos and autopsy photos (i.e., needed to confirm or deny the trial
testimony of JONES indicating the crime scene was bloody and to resolve any other
questions about the crime scene)
2. Evidence logs and search warrant inventories
3. The search warrant and affidavit of probable cause for 3011 West 11thStreet
4. All criminal complaints and affidavits of probable cause for both EVANS and JONES
S. All statements given to the police by Anthony JONES
6. All statements given to police by Barbara JONES (i.e., EVANS picked her up at Sacred
Heart Hospital and brought her home to 3011 West n"
Street)
7. All statements given to the police by Leroy EVANS
8. All statements given to police by EVANS'S girlfriend Rosemary
9. All statement given to police by EVANS'S mother, Doris Simmons
10. All statements given by Lisa Jones (Anthony JONES'S cousin) about being driven to the
police station by EVANS
11. All reports and investigative note~ written by Detective Sergeant Harris, especially
regarding the money he recovered in a chest on the second floor which he turned over
to Maurice Green without documentation (never counted or photographed)
12. All reports and investigative notes written by any detectives involved in the search of
3011 West n"
Street ••
13. All reports and investigative notes written by Officer Vincenzo about his involvement in
the incident and interactions with Leroy EVANS

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 14. All reports written by the F.B.1.and other labs regarding items submitted for testing
and the results of this testing
15. All reports and investigative notes written by Detective Siti regarding evidence and the
processing of evidence for fingerprints, as well as reports and investigative notes
regarding his search of both crime scenes, primary and secondary scenes
16. Interviews or statements of Lorraine Evans, Maurice Green, Barbara Jones, Patricia
Ginyard, David Ginyard, Patricia Handy, Darren Handy, and James Freeland
17. All diagrams used as court exhibits
18. All of the Avon paperwork in the possession of Emily Leo at the time she visited JONES
at his home to include order forms to confirm the false name and phone number
JONES gave to Mrs. Leo on his phone to lure her to his home as per July 2016
statement which would directly contradict JONES'Strial testimony that it was EVANS
who lured Mrs. Leo to JONES'S house
19. Access to view all physical evidence recovered during the investigation of this case. As
a result of the advances in forensic science, including the advances in DNA which was
not available to law enforcement at the time of this crime, the ability to view this
evidence is important in making decisions on which evidence items should be
submitted for testing. These include:
a) The rope used to strangle the victim and the rope recovered outside of the
house at 3011 West n" Street for comparison purposes, also to make a
determination if the rope used on the victim had been ripped or cut from the
rope recovered hanging outside the home. Also possible testing on the rope
used on the victim for "touch DNA" which may contain DNA from JONES,the
victim or EVANS.
b) The victim's pocketbook and Avon tote bag for determination of any "touch
DNA" from the victim, JONES or EVANS. Also to do any presumptive tests for
blood.
c) All clothing recovered from Leroy EVANS that may contain trace evidence
d) The clothing worn by Anthony JONES at the time the crime was committed and
any clothing seized by police while JONESwas in custody
e) The clothes iron allegedly used by EVANS to hit the victim. This iron may
contain important trace evidence

The following items are issues/concerns with respect to EVANS'S conviction.

Testimony of Anthony Tyrone JONES at the trial of Leroy EVANS:

7:00 to 7:30 AM - The approximate time JONESsays he wakes up.

8:00 AM (estimate) - JONES says his mother leaves the home and at that time he says he was
the only person in the house. JONESsays he ate breakfa~t then went upstairs to make his bed.
He then said he came back downstairs and as he did, he heard a knock at the door. When he
opened the door he saw that it was Leroy EVANS.

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8:25 to 8:30 AM (estimate) - EVANS talked about robbing the "Avon Lady," then EVANS left
JONES'S house.

8:32 to 8:33 AM (estimate) - EVANS returns to JONES'S house and have a conversation for
about three to four minutes, and then EVANS leaves the house.

8:36 to 8:40 AM (estimate) - After Evans leaves, JONES says that he cleans up his breakfast and
goes upstairs to continue dressing (put clothes on) and then came downstairs. He then says he
remembered that it felt cold when EVANS left the house, so he went back upstairs and put on a
pair of "Wrangler" jeans. He then said he unplugged the iron and put it on the kitchen floor
next to the radiator (the other pants he ironed were described as plaid - brown/dark brown).

Issue - JONES testified, based on questions by the prosecution, that EVANS was at the
house before 8:30 AM, but wasn't sure, but EVANS returned to the house at about 8:30
AM. After getting dressed it was "a good fifteen (15) minutes.

EVANS allegedly told JONESthat he had somebody to do something like that and that "she"
would be coming down this end. EVANS went out front in the yard after about a minute;
EVANS came back into JONES'S house.

8:45 to 8:50 AM (estimate) - The IIAvon Lady" knocks at JONES'Sdoor according to JONES. He
alleges he told the IIAvon Lady" that nobody from his house called. At this point, JONES
contends that he had to go to the bathroom upstairs, leaving EVANS alone with the victim in
the living room. JONES said he was only upstairs approximately two to three minutes. When
he returned downstairs, JONES said that EVANS got up and whispered that he, EVANS, had seen
a whole lot of money slips, envelopes and bank envelopes in the victim's possession.

8:50 to 9:10 AM (estimate) - According to JONES, this was the amount of time the victim was in
his house. While the victim was there, they discussed the Avon products for ten to fifteen
minutes. JONES believes that he, EVANS and the victim were in the living room for twenty to
twenty-five minutes. (On page 362 of the trial transcript, JONESchanges the time spent in the
living room to ten to fifteen minutes) The victim asked JONES if she could leave through the
backdoor and JONEStold her yes.

According to JONES, EVANS pulled a piece of clothes line from his back pocket and put it around
the victim's neck as she was reaching for the knob on the back door. JONEScontinued by
saying that EVANS began pulling on the rope, pulling the victim toward him. The victim tried to
holler. At this point, the victim went down, hitting her head on the kitchen table. The victim
then hit her head on a kitchen chair and then hit her head on the kitchen floor. According to
JONES, the victim's head bounced two or three times on the floor.

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8:45 to 9:30 AM (estimate) - The time that JONEStestifled' elapsed from the time the victim
arrived at his home until EVANS purportedly left the home with the victim's pocketbook.

9:46 to 9:51 AM (estimate) - Estimated time JONES left the lot to run horne.'

9:51 to 9:52 AM (estimate) - The police are dispatched to the vacant lot -location of the
victim.'

9:55 AM (estimate) - Sgt. Harris is sent to the scene by Captain Mullen."

9:56 to 9:57 AM (estimated) - JONES estimated that it took him approximately five minutes or
so to run horne."

10:05 to 10:10 AM (estimate) - Sgt. Harris arrived at the area of the vacant lot."

10:15 to 10:18 AM (estimate) - Sgt. Harris is called away from the scene.'

9:45 AM (estimate) - Sgt. Harris indicates he arrives at 3011 West rt" street." He may have
been mistaken on the time.

11:00 AM (estimate) - The police arrest JONES.9

11:30 to 11:45 AM (estimate) - Sgt. Harris and Juanita Jones secure the house and leave for the
police station."

11:45 to 5:10 AM (estimate) - The approximate length of time that 3011 West 11th Street was
empty, but secured by the police prior to the arrival of the search warrant.I'

5:10 PM (estimate) - Police return to 3011 West ri" Street to execute a search warrant."

After considering the times in the chronology listed above, defendant JONESleft the vacant lot
between 9:56 and 9:57 AM and, according to JONES, it took him about five minutes to run
home. This would put him at his home at about 10:01 to 10:02 AM. In his testimony, Sgt.

1 Testimony of JONES, trial transcript, page 401

2 Testimony of JONES, trial transcript, page 378
3 Testimony of Sgt. Harris, trial transcript, page 651
4 Testimony of Sgt. Harris, trial transcript, page 7H
5 Testimony of JONES, trial transcript, page 409
6 Testimony of Sgt. Harris, trial transcript, page 652
7 Testimony of Sgt. Harris, trial transcript, page 713
8 Testimony of Sgt. Harris, trial transcript page, 659
9 Testimony of Sgt. Harris, trial transcript page, 671
10 Testimony of Sgt. Harris, trial transcript page, 674
11 Testimony of Sgt. Harris, trial transcript page, 674
12 Testimony of Sgt. Harris, trial transcript page, 676

,
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Harris testified that he arrived at JONES'S home at about 9:45 AM, which I believe he was
mistaken about that time. The time may have been sometime after 10:18 AM, as Harris
testified that he left the vacant lot between 10:15 and 10:18 AM to respond to a report of
gunshots. If, for the sake of discussion, Sgt. Harris arrived at JONES'S home at about 10:30 AM,
JONESwould only have had a window of approximately thirty (30) minutes to clean-up blood
evidence, hide the victim's property and change his clothing, because Sgt. Harris testified that
JONESwas placed under arrest at about 11:00 AM. JONES'S account at trial includes many
actions that would make it difficult to fit into the timeline.

When considering the information in the preceding paragraph, one should also consider the
items JONEStestified he did after returning home. These items are listed below.

JONES entered his home through the front door. The door was open, so he shut and
locked the front door.

He discovered the back door was open, so he closed and locked that door.

He saw the pocketbooks as he went from the kitchen to thf? living room so he grabbed
the pocketbooks and picked up the Avon products from the kitchen floor.

He carried the pocketbooks and other items into the living room and was trying to figure
out where he was going to hide the items. As he was doing this, JONESsaid the police
were knocking on his front door.

He ran upstairs and opened the door to his bedroom and threw the items in the closet
and got something to cover the items.

JONES hid his clothes under his bed.

JONESthen went downstairs and he saw the police and other local residents outside.

On July 29,2016, Anthony JONESgives a seventy-three (73) page voluntary sworn statement
to Michael Malloy, Esquire. In this statement, JONES concedes that he lied about the events of
November 11, 1980 and that EVANS had no involvement in the robbery and assault of Emily
Leo. Included below are excerpts from JONES'S statement.

1. Before November 11, 1980, JONES did not know the victim personally (page 9)
2. JONES knew who the victim was. He had seen her the night before (11/10/80) at his
girlfriend's home. The victim was selling Avon products. The defendant stated that he
was at his girlfriend's house that night along with his girlfriend and his girlfriend's
mother. He wasn't sure if anyone else was present (page 10)
3. JONES saw the victim with cash. The next day, he called the victim and asked her to
come to his house. (page 11)

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4. JONES stated that no one knew he was going to rob the victim. JONES also stated that
Evans had no knowledge of his plan to rob the victim and Evans had no knowledge the
victim would be coming to JONES'S house. (page 12)
5. JONES provided the following chronology of the robbery and assault:
a. The victim knocked on the JONES'S front door
b. JONES directed the victim to come to the back door because he didn't want anyone
to see the victim entering his home through the front door
c. The victim entered the kitchen and began talking to Jones (page 13)
6. JONES tells the victim he wanted to buy some items (page 15)
7. The victim began taking samples out to show JONES (page 15)
8. When the victim turned her head away, JONES punched her and she fell to the
floor(page 15)
9. JONES stated that EVANS was not present in the house (page 16)
10. JONES.,picksup everything that fell after he punched the victim, which included a wallet,
a pocketbook, and a magazine and he put these items in the living room (page 16)
11. JONES stated the victim was unconscious for a while (page 16)
12. The victim is still on the floor (page 17)
13. JONES says he panics and looks out the backdoor to see if anyone had seen the victim
enter the house through the back door (page18)
14. JONES then breaks off a piece of rope (clothesline) that was next to the backdoor
(JONES knew the rope was there) (page 18)
15. JONES says he strangles the victim with the rope (page 19)
16. JONES stated the victim was awakening while he was strangling her (page 20)
17. JONES indicated that there was only a little bit of blood on the kitchen floor and he
believes that blood was from the victim's nose (page 21)
18. JONES said there was no pool of blood (this is important for the consideration of what
the detectives had or had not seen (pag~22)
19. JONES said there was no one in his house other than him and the victim (page 22)
20. JONES said EVANS had no idea of what was happening in the house (page 22)
21. JONES said he went outside and got a trash can, brought it into the house and put the
victim in it (page 23)
22. JONEStook the victim, who was now in the trash can and carried the victim and the
trash can out of the house and into a field about 100 yards from his home (page 23)
23. Once at the field, JONEStook the victim out of the trash can (page 23)
24. JONES admitted his testimony about EVANS hitting the victim with an iron was not true
(page 24)
25. When JONESwas ready to go home, he noticed the victim was still alive (page 24)
26. JONES saw some rocks in the area; so he began throwing the rocks at the victim (page
24)
27. JONES admitted that the injury (hole in the victim's head) from him hitting her with
rocks (page 24)
28. JONES said that the victim is now bleeding (from being hit with the rocks) and does not
recall how many times he hit the victim with the rocks (page 25)
29. JONES clarified what he used - rocks, not bricks (page 26)

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30. JONES stated that Evans had no part in the rock throwing (page 27)
31. JONES again stated that Evans had no idea what happened inside the house (page 27)
32. JONES stated that his testimony at Evans's trial was false (page 27)
33. JONES also stated that Evans had no idea what happened in the empty lot (page 28)
34. JONES said he stopped throwing rocks at the victim when he noticed there was no movement
from the victim (page 29)
35. JONES then said he picked up the trash can and started walking home (page 29)
36. JONES'S dog was with him in the lot (page 30)
37. JONES thought he had gotten out of the situation because he wasn't aware that truck driver's
observations (page 31)
38. JONES did not clean the trash can after he returned home (page 31)
39. JONES, again, said there was not a lot of blood (page 31)
40. JONES said there was no blood in the kitchen of his home (page 32)
41. JONES said there was no blood on the iron (page 32)
42. JONES cleaned whatever blood was on the kitchen floor (page 33)
43. JONES picked up all of the Avon related items he had put on the couch and put the items in his
bedroom closet (page 33)
44. JONES said he used a mop to clean up the blood on the kitchen floor (the mop was not found by
the police during their search ofthe house) JONES said it should have been there (page 33)
45. JONES put the victim's things in his bedroom closet (page 34)
46. JONES takes his clothes off and puts them in his closet, then puts on other clothes (page 34)
47. JONES looks through the victim's things and the money the victim had (page 34)
48. JONES took this money and put it in a chest at the top of the stairs under the items that were
already in the chest - all Avon products remained in JONES'S closet (page 34)
49. JONES said the police found the money; however, Maurice Green told the police (Commodore
Harris) the money belonged to the family and Harris returned the money (page 35)
50. The defendant heard sirens, so he decided to walk by the field to see what was happening (page
37)
51. JONES had his dog with him (page 37)
52. The person who saw JONES throwing the rocks also saw a dog with JONES. Police knew about
the dog, so when JONES moved, the dog moved as well (page 37)
53. The police called out to JONES and told him they wanted to talk to him (page 37)
54. JONES said he started running (page 38)
55. JONES said that Evans never at the field or throughout the whole incident (page 38)
56. JONES gets to his house and locks the doors (page 38)
57. JONES stated Evans did not come to the police station when he (JONES) was first taken into
custody (pages 42-43)
58. While in juvenile detention, Commodore Harris and others told JONES that if he didn't tell them
what happened they were going to end up trying to get him (JONES) the death penalty (page 46)
59. The first people JONES told what had-happened was his mother and a detective (pages 47-48)
60. When JONES was asked what made him say that Evans was involved, JONES said, It ••• they were
telling me that I was going to get the death penalty, and they said that Evans had got locked up
for going in the house and was taking stuff out." (pages 47-48)
61. 'The detectives kept telling me prior that I couldn't have did all this by myself. It (pages 47-48)
62. JONES did not want to testify against EVANS. The reason why, JONES said, was because he knew
it wasn't true (page 51)

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 63. JONES'Suncles played a big part in getting JONESto testify was because of his uncles'
relationship with Commodore Harris (page 51)
64. JONES'Suncle Charles had a good relationship with Commodore Harris and basically Harris put
pressure on JONES'Smother and family (pages 51 and 52)
65. JONESstarted to testify at Evans's PCRAhearing, saying that Evanswas not involved
66. While not on the stand, and in the court house bullpen, a District Attorney (unknown name) told
JONEShe could be re-charged and he (JONES)could get the death penalty (page 58)
67. JONESsaid that he used the name and "Eddie Jones" because he didn't want to use his real
name while talking to the victim (page 58)
67. The only person JONEStold the whole (true) story to was his mother who had since passed
away. JONEStold his mother that Evansnothing to do with it (page 61)
68. Jones said he would take a polygraph test (page 64)

Comments: While reading and considering JONES'Strial testimony it seems that JONESdid
many things in a very short period of time. When you consider the times listed in the trial
testimony with the sworn statement from July 2016, it occurs to the reader that JONES'Ssworn
statement in 2016 seems more reasonable.

The trial of Leroy EVANS:

Leroy EVANS testified at his trial. This is a summary of EVANS'S testimony.

EVANS testified that he lived across the street from Anthony JONESat the time of the
murder with his girlfriend Rosemary, their son, her mother Doris Simmons, and Simmons's
other children (page 1194). EVANS stated that he had known JONESabout five to eight years
(page 1203). EVANS testified that he awakened at about 5:30 to 5:45 AM on November 11,
1980 (page 1205). After getting up, EVANS stated he drove his girlfriend Rosemary to work,
then returned home (page 1206). EVANS then stated he went upstairs to get one of
Rosemary's siblings up and ready for school (page 1206). After getting Rosemary's sibling ready
for school, EVANS stated he began repairing a dresser, fixing a drawer (page 1207). Sometime
after 10:00 AM EVANS stated that he went downstairs to have breakfast. After finishing, EVANS
returned upstairs, Anthony JONEScame to his window (page 1208) and asked EVANS if he was
still going to take him (JONES)to return a job application (page 1210). EVANS told JONEShe
would take him, and then JONESsaid to EVANS, " ...something happened down the street."
EVANS then testified that he got his coat, went outside and continued talking to JONES. EVANS
and JONES started walking in the direction, then stopped for a few minutes when JONESsaid,
"I'm not going down there because you know how cops are." EVANS then testified he
continued down towards the field and saw people and police and the police were looking for
something in the field (page 1210).

EVANS states he sees Lorraine Evans (no relation) and she told him that someone had been
hurt down at the field. EVANS then testified that after standing there for a few minutes, he and
Lorraine EVANS turned and began walking toward home. As they were on the way up the
street, they saw the police drive past them and then stop JONES. As the police got out of the

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car, JONES began to run and the police officer fired his gun at JONESwhile he was chasing
JONES (page 1211). JONES eventually made it to his house (page 1212). The police eventually
entered JONES'S house.

EVANS then testified that he drove his car to the hospital and picked-up Barbara JONESand
brought her back to her house (page 1213-14). EVANS also testified that when he arrived home
with Barbara JONES, he went into the house with her (page 1214). EVANS said there was a lot
of confusion in the house, so the police took JONES upstairs and he (EVANS) went outside.
While outside, EVANS saw the police looking at the trash can and taking pictures of the can
(page 1215). After a period of time, EVANS testified that he went around to the front of the
JONES'S house (page 1216) and noted there were quite a few people there. Sometime
thereafter, EVANS stated that Maurice Green and another man (not known to EVANS) arrived
at the house and went inside (page 1216). EVANS remained out front until JONESwas arrested
(page 1217) - this should be sometime around 11:00 AM based on Sergeant Harris's testimony
(page 671). EVANS then testified that he drove JONES'S cousin Lisa Jones to the police station.
EVANS believes he and Lisa Jones arrived at the police station a little after 1:00 (PM) or so (page
1218).

While at the police station, EVANS testified that he saw Maurice Green there but did not
speak with him (page 1219). EVANS stated that he had to leave the police station because he
had to pick up his girlfriend Rosemary and bring her home from work and he estimated that he
left to pick her up around 2:45 PM (page 1220). After returning home, EVANS says he and
Rosemary went into their house. EVANS and Rosemary went down to JONES'S house for a bit
and talked to others including Green (page 1222), then he and Rosemary went home. Later
that night, EVANS stated that he and Maurice Green had a discussion and at that time asked
EVANS if he would go into JONES'S house and retrieve bloody clothes that JONES put under his
bed. EVANS agreed. After retrieving the clothes, Green told EVANS to burn them which he did
in the field (pages 1222-1233). The conversation regarding EVANS getting JONES'S clothes took
place somewhere around 4:00 PM according to EVANS (page 1232).

The crime scenes:

3011 West n" Street (primary scene):

JONES'Strial testimony regarding the events that occurred inside the kitchen of his home
paints a picture of a violent and bloody series of events. Based on JONES'Stestimony of the
beating of the victim done by him and EVANS with fists and an iron, I believe that there should
have been a considerable amount of blood in the kitchen. When someone inflicts a blood
producing injury, any subsequent injuries would create "impact blood spatter." If the victim
changes position during an assault, a crime scene investigator should expect to see impact
spatter in different places. By way of example, in this case, the victim, according to JONES'S
trial testimony, was initially punched in the face. If the punch was to the victim's nose, then a
blood source would now begin. So, following the sequence of the testimony, JONESsays that
the victim was knocked down by the punch and as she was falling, her head hit the edge of the

10
kitchen table, then a chair and then floor. Any of the impacts in this sequence could have
produced additional bleeding injuries. So, if these injuries were blood producing, every time
the victim's head hit something, there is a possibility of impact spatter. It was also testified that
EVANS hit the victim in the head with a clothes iron. This, depending on where and how the
victim received the blows would possibly produce additional bleeding injuries. And, depending
on how many times EVANS supposedly used the iron as an impact weapon, could conceivably
have produced a "cast-off" pattern of blood spatter. "Cast-off" spatter occurs when an object
wet with blood is in motion, casts droplets of blood off of the object and produces a very
distinct pattern on a receiving surface. Because JONEStestified about the activity in the kitchen
at the time, one would expect to note any bloody footprints within the home and since JONES
testified that his dog was in the house with him there is a great probability that there were
bloody paw prints left by the dog.

In addition, JONEStestified that EVANS was strangling the victim with a piece of
rope/clothesline. If the victim is struggling while being strangled, and there are open blood
sources on the victim, as she struggles, blood will be deposited on any nearby surfaces. JONES
also testifies that he punched the victim as well while EVANS continued to strangle the victim.
If the assault occurred as JONEStestified, both he and EVANS should have had blood evidence
on their clothes and/or body. Additionally, JONEStestified that there was a pool of blood on
the floor beneath the victim's head. JONES also testified at some point in the assault, EVANS
had the victim pinned down with his knees on or near her shoulders. If this was the case, the
movement of the victim and EVANS would have caused "wiping patterns" in the blood.

After considering the dynamics of the assault, one would have to consider how much blood
would have been present and how much clean-up would have been required. We know from
JONES'S testimony that he cleaned-up the blood among other things after he returned to the
house from the field. We also know that Detective Sergeant Harris indicated that he saw no
blood in the house upon his entry in the home. Additionally, Detective Siti, the C.I.D. crime
scene detective stated he saw no blood in the kitchen. When questioned about his
investigation, Siti testified that he did not take any swabs from the kitchen sink to test for
blood. He also testified that he did not inspect any furniture for blood evidence. Siti testified
that Detective Davidson may have done the swabs and search of the kitchen for blood.
Detective Siti testified that he did not know the results of the search for blood in the house.

A search for non-visible blood can be done with different presumptive blood tests. Three of
these tests include: Phenolphthalein, Luminol, and Hemastix. Phenolphthalein is a three step
process that takes two to three minutes to do. Luminol is sprayed on a surface that may have
been cleaned of blood. When Luminol is sprayed onto a surface that once had blood on it, it
produces a blue glow indicating the presence of blood. Hemastix also detect minute amounts
of blood that may have been diluted by fluids such as water. The most common use of
Hemastix is by doctors who are looking for blood in urine as an indicator of kidney stones.
There was no testimony that any presumptive tests were done. This would be an important
step in determining the accuracy or truth of someone's statement. The detectives should have
done an inspection of the under sides of chairs, tables, etc., for blood as part of the crime scene

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investigation. The home was supposed to be secured while waiting for the search warrant,
however, EVANS was able to enter the house through the bathroom window on the second
floor. EVANS said that he removed the clothes that Maurice Green asked him to retrieve from
JONES'S bedroom.

Vacant lot scene (secondary scene):

The search for evidence at the vacant lot seems to have been more thorough than the search
of the home. Several important pieces of evidence were recovered during this search. Some of
the evidence that was recovered at this scene is corroborated by the truck driver who saw
JONESthrowing rocks/bricks at something at the field. The blood found on some stones/rocks
also confirms that an assault of some kind occurred there. The recovery of the victim's shoes, a
piece of rope/clothesline, the trash can, bloodied sheets and bloodied trash bags recovered
outside of 3011 West 11th Street also proved to be helpful in reconstructing the events.

Fingerprints:

Detective Siti testified that he processed several items of evidence for fingerprints. The
result of this search produced no fingerprints of value. His explanation of the reasons for the
lack of usable prints is accurately reported and today the reasons still apply in the testimony
regarding fingerprints. The lack of fingerprint evidence does not prove or disprove the
presence or absence of a person(s) in a crime scene.

The search for other evidence:

Detective Sergeant Harris and other detectives arrived at 3011 West 11th Street at about
5:00 PM with a search warrant. Several items of evidence were recovered. Procedurally there
were some areas of concern. Detective Harris allowed civilians, Maurice Green for one, to
remain in the home during the search. Any civilians who were present should have been
contained in one room and under the watch of a police officer, or removed from the premises
until the search was concluded. One of the more difficult issues that occurred during the
search was when Detective Harris located a roll of paper money in a chest at the top of the
stairs. Harris turned this money over to Green because Green said it was the family money.
Harris was unable to tell the court during his testimony how much money was there because he
never counted it. The money should have been counted, photographed and put on the search
warrant inventory sheet. The money was an important element for the robbery charge.

Areas of concern regarding the case against Leroy Evans in JONES'S 2016 Statement:

As previously mentioned, there were some significant statements made by JONESin the
2016 sworn statement:

• His 1981 trial testimony against EVANS was false

• Leroy EVANS had nothing to do with the attack on Emily Leo

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• Anthony JONES acted completely alone in the planning, assault and robbery of the
victim.
• JONES decided to rob the victim after seeing her with cash at his girlfriend's house the
night before. JONES, not EVANS, saw the opportunity to rob the victim prior to the
commission of the crime.
• Leroy EVANS was not there during or before the assault was carried-out- EVANS had
no knowledge of the crime.
• An iron, as testified to by JONES, was not used in the crime at all; JONEStestified in
1981 that EVANS used the iron to strike the victim. JONES now says the injuries to the
victim's head were caused by the rocks he threw at the victim in the field
• There was no pool of blood in the kitchen - this is consistent with the testimony of
Detective Siti
• JONES hid the money taken from the victim in a trunk in his house and police handed it
over Maurice Green (p. 720)
• Relevant areas were not swabbed for blood (pp. 810-811)
• Sergeant Harris put pressure on JONES'S mother and family to implicate EVANS in the
crime. Statements such as, "You couldn't have done this by yourself."
• Sergeant Harris had a good relationship with JONES'S uncles.
• JONES was threatened with the death penalty if he did not implicate EVANS even
though JONESdid not want to do that.
• Inconsistent testimony by JONES at EVANS'S trial (pp. 426-28,507,516,523-24,527,
530,535,537-38,540)
• JONES'S statement implicating EVANS was taken two days after the crime was
committed (November 13, 1980) and EVANS was arrested for burglary (pp. 535-545)
• No cross examination of Harris regarding a possible deal if JONES implicated EVANS (pp.
770-772)
• Complete lack offorensic evidence tying EVANS to the case. (p. 802)
• Complete lack of eyewitness testimony against EVANS
• JONES'Stestimony at trial was rife with contradictions. One of the problem areas was
JONES'S testimony, on direct and cross examination regarding the rope used in the
crime:
1) On direct examination, JONES says that EVANS brought the rope with him (it
was in his back pocket - page 364)
2) JONEStestified on direct that EVANS "flipped the rope around her neck .." (page
364)
3) "I didn't see no rope." - November 13, 1980 statement to the police
4) "I don't know how the rope got around her neck," (page 540)
5) ADA Tinucci asks JONES, "Did you see EVANS put a rope around her neck?"
Answer, "No")(Page 540)
6) ADA Tinucci asks during the November 13, 1980 statement, "Where did you get
the rope?" Answer, " ...it was in the trash can."

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SOME ISSUESON TIMELINE GIVEN BY JONES IN 1981 TRIAL TESTIMONY and OTHER PROBLEM
AREAS:

• 8:25-8:45 AM - EVANS comes to house, introduces idea of robbing victim, discusses

idea (although NO details of discussion given on direct or cross examination) EVANSgoes
back to his house, gets "someone to do favor for him"; then "someone" finds the
telephone number of the victim and calls the victim. EVANS returns to JONES'S house
and talks to JONES; looks out the door and front lawn. Waits for victim to arrive. Tight
timeline for planning of crime

• 8:45- 8:50 AM - Victim arrives at house; questions JONESabout call

• 8:50- 9:10 JONESAND EVANS look at Avon products; JONES goes

upstairs briefly; JONEStalks to victim and orders products

• 9:10- 9:30 Assault on victim by JONESand especially EVANS (i.e., punching and
strangling with rope by EVANS, JONESgets sheets from
upstairs; EVANS hits victim with iron. EVANS portrayed as
the main attacker.)

• 9:30 EVANS grabs two pocketbooks and runs out the back door.

• 9:30- 9:50 JONES looks out back door after EVANS, waves to neighbor Lorraine
Evans, brings trashcan from outside into kitchen, slides in victim, covers her up to her
waist with sheets, (body sticking out and trash can sometimes falling over); drags
trashcan with adult-size body down the steps through the back yard to gravel lot about
100 yards away (stopping several times along the way) to gravel lot in back of Pickway);
drags trashcan with body over to fence, dumps body out, he then assaults the victim
with rocks, is seen by truck driver, leaves body in the lot; returns home the same way
with trashcan. Truck driver finds phone and call 911), reports what he is seeing to the
police. Lots of physical activity compressed into 20 minutes

• 9:50 Call comes into police station.

A more probable timeline might be that the attack started earlier in morning --perhaps
around 9:00 AM. This would allow JONEStime to assault/subdue the victim, get the
trashcan and wrap body in sheets, and then drag her body half inside a trash can out the
door down the steps across the yard the 100 yards to the lot where he dumped her
body and continued to assault her with rocks/bricks until spotted by a truck driver. This
would take considerable time -more than 20 minutes.

• JONES may have given a timeline too-short for all this activity after EVANS supposedly
left the house so as to allow enough time for EVANS to be included into the crime -

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 specifically the planning of the crime - coming to house to talk over the idea of robbing
victim, going back to his own house to call, looking at booklets, etc.

• Another problem that occurs with JONES'Stestimony is regarding the coming and going
of the victim. In his testimony in 1981, JONEStestified that Mrs. Leo asked to leave
through the back door and into the alley. Why?

• JONEStestified that EVANS left the house with the victim's two bags and money, but
EVANS returned with all of the victim's items except the money. This makes no sense,
why would someone return evidence that may contain damaging forensic evidence?

• As discussed in the crime scene portion of the report, if the primary crime scene was
inside JONES'S house, why is there no blood evidence on any of the victim's items?

• JONES never testified that EVANS changed clothes after the bloody assault; he returned
wearing the same clothes. EVANS continued to wear the same clothes throughout the
day, how is it no one noticed any blood on the clothes? EVANS testified that when he
retrieved JONES'S clothes from under the bed, he (EVANS) noted that JONES'S pants and
sneakers contained blood evidence.

• JONES initially tells his mother and police, while still at the house, "l woke up and there
was a woman in the trash can." How does he explain that in his interviews/statements?

• Why didn't the police push JONES more on his very first statement?

November 3, 2016

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