What’s next in the Timothy Jones murder trial? Legal experts weigh in
A jury convicted Jones earlier this week of killing his five children in 2014
COLUMBIA, S.C. (WOLO) — The prosecution and defense are set to bring up new witnesses in the second phase of the Timothy Jones Jr. murder trial.
Some legal experts, who have been following the case closely, say the second phase of a capital murder trial is a whole new ballgame.
“There’s no question that this is an uphill fight. The sentiment, the emotion created by the death of these children is hard to overcome,” said Jack Swerling, a defense attorney based in Columbia.
Now that Timothy Jones has been convicted of murder, Swerling said the defense will have to call up a handful of witnesses to convince the jury why the defendant should not be sentenced to death.
“At this point, you would call in whatever additional experts you’d have. I would talk to teachers, go back to talk to employers, people from the church, neighborhood people, relatives. I’d expect what you’re going to see is someone going to tie it all up together,” Swerling said.
In his closing statement, Solicitor Rick Hubbard made it clear to the jury who he and his team were fighting for.
“I’m speaking for five little babies. They didn’t deserve this. They deserve justice,” Hubbard said to the jury Monday.
USC law professor Kenneth Gaines said prosecutors should continue focusing their argument to the jury around the deaths of the children.
“The prosecution’s goal in the penalty phase is to discover all the good things about the victims and all the bad things about the defendant in question,” Gaines said.
No matter how they present their cases to the jury, Swerling said both sides will do their homework before the sentencing phase begins.
“I know these lawyers, they’re all good lawyers, they’ll be well prepared, but I wouldn’t be surprised if it took several more days,” Swerling said.
The prosecution will be the first to call witnesses to the stand once the sentencing phase begins Thursday morning.
