Jones

On Thursday, an Anamosa State Penitentiary inmate and former Marshalltown man was back in Marshall County District Court.

Arzel Jones and his attorney Christopher Clausen of Ames are alleging malicious prosecution by the state of Iowa while also claiming Marshalltown police planted evidence stemming from a 2008 sexual assault case.

Thursday’s hearing was a continuation of two days of hearings held in April last year.

At issue is Jones’ 2008 conviction by Judge Michael Moon after a bench trial on several felony counts including domestic abuse, kidnapping and sexual abuse in the second degree.

Jones was sentenced to 35 years.

Jones wants Judge James Ellefson to reverse and dismiss the 2008 conviction against him or remand his case for retrial in Marshall County.

The state disputes Jones’ allegations.

Representing the state was Assistant Marshall County Attorney Sarah Tupper.

Key developments during Thursday’s proceedings were:

• Tomas Rodriguez of Des Moines, who was appointed as a public defender to represent Jones in 2008, was scheduled to testify. However, because the hearing was delayed one hour, Rodriguez was unable to be present. He will appear at a later date.

• Jones alleged his defense and investigators assigned to his original case were ineffective, which contributed to his conviction.

• Clausen called private investigator Scott Gratias of Des Moines to evaluate photos taken by police at Jones’ apartment and the crime scene. Gratias testified he had 30 years experience as an investigator in criminal and civil matters. He said 1 percent of his work is on behalf of prosecutors.

• Photos were presented as the only physical evidence during the 2008 bench trial. Jones and Clausen claimed they were critical in Jones’ conviction.

• Clausen showed numerous photos to Gratias of a fork found at the scene. Gratias said it appeared the fork initially photographed by police and an image of a fork presented as evidence at Jones’ trial were different. Jones is claiming police replaced the original fork with a different one to convict him. Tupper asked the investigator if he had specialized training in analyzing cutlery as part of crime scene investigations, and Gratias said he did not.

• Jones alleged police personnel moved evidence in his apartment after the 2008 incident to justify his arrest and add more serious charges against him.

• Clausen showed Gratias numerous before and after photos of items in Jones’s apartment. Gratias said it was not unusual for police to move items during a search for evidence and not return them to their previous location.

• Jones and Clausen claimed there was a 45-minute gap between one group of photos taken and then a second set. Gratias said it was possible police were outside taking other photographs.

In April, several Marshalltown policemen who worked the case and now retired, testified they did not plant evidence at the scene.

Retired Lt. Ron Ohrt, the senior officer on scene, testified he would never plant or alter evidence.

Concluding Thursday’s hearing, Ellefson told Clausen he had until March 4 to submit a list of additional witnesses to the court.

Tupper will have 14 days to respond.

Ellefson will rule on the witness list and ask the court administration to set a new date.

The trial was repeatedly delayed from its April dates due to numerous court scheduling conflicts and other issues Clausen said.

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Contact Mike Donahey at 641-753-6611 or mdonahey@timesrepublican.com