A motion filed by the defense has delayed sentencing in the Alan Jones murder case. Jones was convicted in September of second degree murder for the death of 11-year-old Erin Maxwell. Our Andy Mattison has the details on why the defense is asking the judge to set aside the guilty verdict.
OSWEGO COUNTY, N.Y. -- Friday was supposed to be the day Alan Jones would be sentenced for the murder of his 11-year-old stepsister Erin Maxwell, but a stunning revelation by the defense changed all that.
In court Friday, attorney Sal Lanza told the judge a juror contacted him some time after the verdict and told him he thought his client was innocent. Late Thursday, Lanza filed a motion to have the jury verdict set aside and both sides agreed to have sentencing delayed so the prosecution could review the motion.
"The district attorney has to respond to the motion. I just got the transcript back from the stenographer that I hired and so all week, we've been feverishly working at this motion, researching the law and putting something together for the judge," said defense attorney Sal Lanza.
Lanza said the juror wanted to discuss with him what happened in the jury room, so he took a deposition from him. Neither side would discuss what exactly the juror said or if there was more than one.
"Pursuant to an order that the judge issued in this case, I have to comply with the order which is not to discuss this particular matter with the press, so I will do that. I defer to your recollections as to what happened in court," said District Attorney Donald Dodd.
The jury deliberated for two days before reaching a verdict. On the second day, they asked the judge what they should do if they couldn't reach a unanimous decision, to which the judge told them to continue deliberating. Later that day, they came back with a guilty verdict. But apparently one juror didn't agree with that decision, which has added a new twist to the case.
"The judge may order a hearing on what has been placed in the motion, so we may have to have a hearing and individuals may have to be subpoenaed and then the judge will rule whether or not sentencing is even going to take place," said Lanza.
As of now, sentencing is set for November 16th, but that could change depending on what the judge rules after hearing details of the conversation Lanza had about what went on during deliberations.