Jones’s attorney, Phillip Cherney, filed a 30-page motion earlier this month stating that the prosecution used inappropriate photos during closing arguments against Jones, who was charged in the death of 3-year-old Natalynn Miller in 2009.In her closing argument, Brenda Broker, a deputy prosecutor, showed the jury a photo of Natalynn and her father. The photo was used during the trial to show that Natalynn didn’t have bruising on her head when the photo was taken. However, the photo wasn’t supposed to be used to invoke emotion, rather it was to be used as evidence. . . .
Jones’ brother, Kenny Jones [now there's an authority to quote], said he believes jurors were asked to render a verdict based on emotion, instead of the facts of the case. His brother maintains he didn’t kill his girlfriend’s toddler daughter on the afternoon of March 22, 2009.He was set to be sentenced last week. That has been postponed as Broker prepares a response to Cherney’s motion for mistrial.
He added that if the motion is denied, he feels his brother has a strong appeal case based on the argument.
A Tulare County jury convicted Ryann Jones, 30, in late December of second-degree murder and found him not guilty of the original first-degree charges that the prosecution sought. Following the verdict, a handful of jurors said that half of them didn’t feel Jones was guilty at all. Some fought for a conviction and others said they felt the District Attorney’s Office “overreached” when they sought murder and torture charges.
Oscar Walker of Tulare said he felt the case was a way for the District Attorney’s Office to make a name for itself.
“It just seemed like grandstanding up there,” he said. “Reaching for first degree murder hurt them. This should never have been in court for first-degree murder.” . . .
Cherney asked that if the motion is granted, the prosecution try Jones and Nicole Lee at the same time.