Judge to decide on legality of Miranda right for murder suspect
By The Associated Press
Posted 9:25AM on Monday, August 21, 2006
<p>The judge in the case of man accused of killing four people and abducting three young girls in northwest Georgia said Monday that he will review records before deciding whether the hospitalized defendant was advised properly of his rights before an an investigator questioned him.</p><p>Jerry Jones pleaded guilty in December to murdering Tom and Nola Blaylock, their daughter, Georgia Mae Bradley, and his 10-month-old daughter, Jerri Georgia Jones, in January 2004. He also faces charges of kidnapping in the abduction of Brittany Phelps, Brandy Jones and Tami Hope Peeler _ the three surviving children of Melissa Peeler, his former girlfriend and Bradley's sister.</p><p>Agent James Harris of the Georgia Bureau of Investigations told Superior Court Judge Carey Nelson during a hearing involving sentencing for Jones that he was unsure how to interview a man who had shot off the lower portion of his face in a botched suicide attempt just before being apprehended.</p><p>"It was unusual," Harris said.</p><p>He said Jones appeared alert and coherent and wrote on a piece of paper that he would answer questions if he could ask some. Harris said he read his Miranda warning to Jones and he signed a paper with "Miranda" written at the top.</p><p>Jones asked about the condition of the three children with him when he crashed during a police chase. Harris told him they were not hurt.</p><p>The agent said he asked Jones why he killed the three adults, Jones gestured with his hands, moving them to about shoulder height, with palms upward, but refused to write the answer.</p><p>"I took that to mean he didn't know," Harris said.</p><p>When asked why he killed his infant daughter, Jones wrote "Revenge."</p><p>Defense expert witness Dr. Stephen Hagan, a forensic psychologist, said the trauma of surgery, medication, being restrained in the hospital bed and dependent on law enforcement officials would render Jones incapable of making an intelligent decision on waiving his rights.</p><p>The judge told attorneys to be ready to argue any last-minute motions in January. A sentencing trial is to begin Feb. 19.</p><p>___</p><p>HASH(0x1cdc858)</p>