Facts Only - no opinions here.

[nobody]

I am opening a new thread. The reason for this thread is that I am forgetting what the facts are - lost in all of this opinion, rumour, and 3rd person talk. If you have a fact to disclose, post it here. Be clear and provide reference to an article or some other proof that is available to everyone.

Items for discussion would include - proven alibis, receipts, phonecalls, etc.

Keep you opinion or bias statements for other discussions.

[nobody]

Nona Dirksmeyer,, is Miss Petit Jean Valley 2005, is a native of Dover and is the 19-year-old daughter of Carol and Duane Dipert of Russellville.
She is a graduate of Dover High School and attends Arkansas Tech University.
Her critical issue platform is, "Break the Cycle — Child Abuse Prevention and Awareness." Her talent will be a vocal performance of Con Te Partiro. Her e-mail address is afireinside911@hotmail.com.
Reference: http://www.atkinschronicle.com/6-22missarkansas.htm

[lorettalockhorn]

Nona Dirksmeyer,, is Miss Petit Jean Valley 2005, is a native of Dover and is the 19-year-old daughter of Carol and Duane Dipert of Russellville.
She is a graduate of Dover High School and attends Arkansas Tech University.
Her critical issue platform is, "Break the Cycle — Child Abuse Prevention and Awareness." Her talent will be a vocal performance of Con Te Partiro. Her e-mail address is afireinside911@hotmail.com.
Reference: http://www.atkinschronicle.com/6-22missarkansas.htm

Nona was not the daughter of Duane Dipert. Duane was her stepfather. Her father's name was Paul Dirksmeyer, if memory serves.

[nobody]

Jones and his mother met Whiteman at the apartment of the victim. They discovered ND's body the evening of Dec. 15th, 2005. 911 was called - noting a male and female voice.

[nobody]

Nona, who was a sophomore music student at Arkansas Tech University, would have been anticipating spring break today as Friday is the official beginning of the break for Tech students, according to Dipert. Dipert also crowned the 2006 Miss Petit Jean Valley only weeks ago, an honor Nona would have done as the winner of the event last year.
Dipert also said Nona was scheduled to perform for Easter Service at First Christian Church in Russellville where she had planned to sing a solo as part of the ceremonies for the Passage of Christ.

[lorettalockhorn]

Jones and his mother met Whiteman at the apartment of the victim. They discovered ND's body the evening of Dec. 15th, 2005. 911 was called - noting a male and female voice.

Whiteman? Is that a reference to Ryan Whiteside?

Does anyone actually remember who made the call? Was it KJ himself? Or did RW make the call and KJ got on the line for a few minutes and then when the operator told him to stay on the phone, handed it to JJones? Was there one call or two?

[lorettalockhorn]

Nona was not the daughter of Duane Dipert. Duane was her stepfather. Her father's name was Paul Dirksmeyer, if memory serves.

http://www.atkinschronicle.com/nonadirksmeyer.htm

[nobody]

Is there a way to edit or delete information that I posted? I know that initially you have that option - but then after it is viewed by others - that goes away. Thank you, Loretta. I did mean Whiteside - it was a typo. The initial reports just called Whiteside "another person" - so, I filled that in.

[nobody]

"and singing for Margie Huckabay's classes at Crawford (Elementary School)."
Dipert said Nona also enjoyed helping Huckabay prepare for classes, because education and children were close to her heart."

[nobody]

In a press conference held at noon on Friday, officials with the 5th Judicial District prosecutor's office and the Russellville Police Department announced that Kevin Nicholas Jones, 20, of the Dover area has been charged with murder.

Jones turned himself in to the lead investigator in the case at around 11 a.m. on Friday morning. He is now in the Pope County Jail, charged with first-degree murder.

Jones's attorney, Kenny Johnson, wouldn't comment on the case until he looked over some of the evidence and filings, but the Jones family said the attorney learned from the prosecutor, David Gibbons, that charges would be filed against him Friday, and Jones was encouraged to turn himself in.

Authorities now say they believe the murder weapon was a floor lamp, and they have recovered the lamp as evidence. The lamp was found separated into three pieces a few feet from Dirksmeyer's body. It had blood on it. A palm print recovered from the lamp is alleged to be that of Jones.

Authorities would not comment on a motive for the slaying, but did describe it as a "crime of passion" that took place when Jones allegedly lost his temper.

Russellville police said one week after the murder that they had narrowed the suspects down to one in the case. They confirmed Friday that Jones was that suspect.

Prosecutor David Gibbons said he would not comment further on specific evidence, because he wanted Jones to receive a fair trial in Pope County. He did say that the delay in filing charges in the case came because he was waiting for evidence from the FBI crime lab. That information was received last week, but Gibbons' would not describe the nature of the evidence.

Investigators also say that Jones watched crime-related programs on television and allege that he may have used information from those programs in an attempt to tamper with evidence in the case.


The affidavit filed in circuit court on Friday indicates how authorities believe Jones tampered with the crime scene. It details what Jones did when he saw his girlfriend laying on the ground: "He laid on top of the body and rubbed his hands over the blood to see how fresh it was."

According to detectives and the FBI Behavioral Science Team, "the actions of Jones at the crime scene were a deliberate attempt to destroy the crime scene and to provide an explanation for the presence of any incriminating evidence."

Police also say Jones may have planted evidence. A condom wrapper was found in the kitchen, but no condom was found. Investigators say the wrapper was "placed on the counter to make it appear as if rape was a motive for the attack."

Dirksmeyer was a popular student at Arkansas Tech University in Russellville and was known for her involvement in community activities and beauty pageants. Her family was notified of the arrest Friday morning.

University of Arkansas officials say Kevin Jones was enrolled as a student at the university in the fall of 2005. He was a freshman engineering student. He did not enroll in the spring.

Jones is expected in court for a bond hearing early next week.

Reference: http://www.5newsonline.com/Global/story.asp?S=4708342&nav=menu151_1

[nobody]

On the 15th of December, 2005, Affiant was notified at approximately 18:45 that RPD officers had responded to Apt. 12, Inglewood Apartments located at 1006 South Inglewood in Russellville, Arkansas. Affiant was informed that the nude body of Nona Dirksmeyer (w/f dob 12/26/85) was found lying in a pool of blood on the floor of the living room of the apartment and that it appeared she had sustained a cut throat and a head injury.

Affiant arrived at the apartment at 19:20 and observed that the apartment and adjacent areas had been secured by RPD. Affiant began processing the crime scene and assigned RPD investigators Virden, James and Waid to begin interviewing witnesses.

The investigation revealed that the deceased, Nona Dirksmeyer, lived alone in the apartment and was the girlfriend of Kevin Jones. It was determined that Kevin Jones, Jones’ mother, Janice Jones, and Jones’ friend, Ryan Whiteside discovered Nona’s body at approximately 18:30 that afternoon. On the 15th of December, Jones was interviewed by RPD investigators and Jones stated that during the afternoon of the 15th of December he became concerned about Nona because he had not heard from Nona so at approximately 18:00 as Jones and Jones’ mother, were driving to Dardanelle for a teacher’s Christmas Party, Jones text messaged his friend, Ryan Whiteside, a pizza delivery person, and asked Whiteside to go by Nona’ s apartment and check on her. Whiteside was interviewed on the 15th of December and stated that he went by Nona’s apartment and saw that her car was there and informed Jones of that fact. Whiteside said that as he started to drive off Jones told him to “knock on the door or something”. Whiteside asked Jones if he was sure because Whiteside thought “that would be kind of weird”. Whiteside stated that he did knock on the front door and rang the doorbell and no one answered. After receiving this information from Whiteside, Jones told Whiteside that Jones and his mother would come to the apartment. Jones stated in his interview that upon their arrival, he could not get the front door open because it was locked and he had forgotten his key. (Affiant’s investigation revealed that only three people had keys to Nona’s apartment: Nona, Nona’s mom, and Jones). Jones told investigators that he and Whiteside went to the sliding glass door which was located at the rear of the apartment. Affiant’s investigation revealed that normally the door was secured by placing a stick placed in the bottom of the door frame to prevent the sliding half of the door from sliding. However, on the afternoon of the 15th of December, there was no stick in the door frame and after an extensive search of the apartment and surrounding area, no stick was ever found. In his interview on the 15th of December, Jones stated that he was able to open the sliding door by using extra force to overcome initial resistance from the door. The action described by Jones during the interview was consistent with the action affiant was required to use to open the sliding door when the door was locked from inside. From Jones’ description and the experiments done by affiant with the sliding door, affiant believes that at the time Nona’s body was discovered, the door was locked from the inside using the locking mechanism but not braced by an object at the bottom of the door. Therefore, at the time of the discovery of Nona’s body, Affiant’s investigation indicates that both doors were locked and there was no evidence of forced entry into the apartment. Subsequent investigation revealed that nothing of value was missing from Nona’s person or apartment. The rear sliding door opened onto the living room where Nona’s body lay and according to Jones’ statement to law enforcement on the 15th day of December, he saw Nona laying there with blood underneath her head. He stated that after getting the door open, he ran inside and laid on top of her and “rubbed his hands over the blood to see how fresh it was.” As a result of laying on top of the body and rubbing his hands over the blood, Jones’ face, hands, and the front of his clothing became smeared in blood. Affiant believes Jones laying on top of the body and rubbing his hands over the blood was a deliberate attempt to tamper with the crime scene and provide an explanation for any of the victim’s blood, tissue or fibers being on him or any of his tissue being on the victim. Affiant’s belief is buttressed by the fact that while at the crime scene, Jones told RPD Officer Beyette that Jones watched a lot of Law and Order, a television show which Afflant knows to deal with forensic science and crime scene analysis. In addition, on March 22,2006, Affiant consulted with members of the FBI Behavioral Analysis Unit and discussed the evidence collected in this case to include video taped statements of Kevin Jones, crime scene photos and autopsy findings. It was also the opinion of the members of the FBI Behavioral Science team that the actions of Jones at the crime scene were a deliberate attempt to destroy the crime scene and to provide an explanation for the presence of any incriminating trace evidence.

[nobody]

Nona Dirksmeyer’s body was sent to the medical examiner’s office for autopsy. The autopsy was performed on the 19th of December 2005 and a final report was issued on the 16 day of March, 2006. The ME concluded that Nona’s death was a homicide caused by multiple blunt and sharp force injuries. Among the medical examiner’s findings was a large horizontally oriented laceration centered on the posterior occipital scalp directly in the midline which was four (4) inches below the top of the head and three (3) inches in length. The wound was associated with hemorrhage and contusion of the brain. Affiant was told by the ME that this injury was the lethal event and that it was caused by an object similar to and consistent with the base of the lamp which had Jones’ fingerprint on it.
During the processing of the crime scene, Affiant found a condom wrapper on a kitchen counter next to the living room. An extensive search was made for a condom, including the removal of the toilets in both bathrooms. No condom was found. The medical examiner in his report of the 16th of March, 2006, found no evidence of injury of any type to the external genitalia, vaginal introitus, or vaginal canal and stated to affiant that there was no evidence of sexual assault or trauma. Affiant knows from his training and experience that rape/murders are very rare. In 2004, there were 14,121 murders committed in the United States, and of those victims, only 36 were raped. Based on his training and experience and consultation with the FBI Behavioral Analysis Unit, it is Affiant’s belief that the condom wrapper was placed on the counter to make it appear as if rape was the motive for the attack.

The Medical Examiner has opined that the approximate time of Nona’s death was from approximately lO:OO to approximately 12:30. The last known contact Nona had with a person other than her killer occurred at 10:25 when she finished a phone conversation with a professor. During that 3 to 4 minute conversation, Nona confirmed to the professor that she was at her apartment. At 11:04, Nona received a text message which was apparently opened but not responded to by Nona. At 12:5 8 she received a text-message but it was neither opened nor responded to. Affiant believes that Nona was killed very soon after 11:04. The Medical Examiner stated that the homicide to include all non-lethal wounds could have been completed within a matter of minutes.

Kevin Jones was interviewed on December 15th and stated that Jones had last seen Nona at her apartment at approximately 00:3 0 on the 15th when he left her apartment and went to Jones’ parent’s home north of Dover to spend the night. He further stated that he called Nona at approximately 01:30 and talked for a few minutes before going to bed. He then stated he had received a text message from Nona at 09:07 on the 15 . He stated that he stayed at his house until 11:45 at which time he left for his parent’s gas station on Hwy 7 South of Dover. He stated he arrived at the station at noon and while there he talked with Blake Walters. Blake Walters was interviewed and stated that he did not see Jones at the Station until 13:00 on the 15th of December. Jones stated in his interview that he first tried to call Nona around 11:00 or 12:OO on the 15th and that Nona’s phone rang and went straight to voice mail. Affiant obtained the cell phone records for Nona’s phone and Jones’ phone and both sets of records show that the first call to Nona’s phone by Jones (after the very early morning call) was at 14:10. After that time Jones made several calls to Nona’s phone to include a text message at 16:28. Affiant obtained Nona’s phone and submitted it to the State Crime Lab for SIM card analysis. The Crime Lab determined that the text message from Jones to Nona at 16:28 read “U ALIVE”.

[nobody]

RUSSELLVILLE - A $250,000 bond has been set for Kevin Jones, the man charged with first-degree murder in the December death of Arkansas Tech student, Nona Dirksmeyer.

Jones did not appear at a bond hearing Tuesday morning in Russellville, but was represented by his attorneys. He is expected to be released from jail after posting bond.

Although the judge set a bond of $250,000 for Jones, he can be released by paying 10 percent of that amount, or $25,000. Under the terms of his release, however, he must check in with authorities once per week, is not allowed to leave the state, and must not contact or go near members of Dirksmeyer's family.

[nobody]

Dirksmeyer's family has expressed distress at a sign in front of a restaurant where Jones used to work. The sign at the Bayou Bridge Cafe in Dover says, "We Love You Kevin.''

Reference: http://www.katv.com/news/stories/0406/316315.html

[nobody]

(Kenny Johnson, Defense Attorney)"He's holding up pretty good… about as good as you can after being accused of murdering the girl you love."

Jones was released contingent upon paying $25,000 cash to the county. He can't leave the state and he must check in with the sheriff's department no later than 4:00 every Friday. He's also been prohibited from visiting the slain beauty queen's parents.

[nobody]

Lawyers for Kevin Jones argue that prosecutors helped create an "extraordinary amount'' of media coverage on the death of Nona Dirksmeyer.

Reference: http://www.katv.com/news/stories/0506/332360.html

[nobody]

Taken from probable cause statement - "Despite his actions at the crime scene (laying on the body, putting his hands in the blood) Jones denied ever touching the lamp when the body was discovered. This was confirmed by a sworn statement by Whiteside who stated that he didn’t see Jones touch anything other than Nona and a greeting card."

[nobody]

As of the 2000 census, the city had a total population of 23,682.

[nobody]

Lawyers for Kevin Jones argue that prosecutors helped create an "extraordinary amount'' of media coverage on the death of Nona Dirksmeyer.

Reference: http://www.katv.com/news/stories/0506/332360.html

Prosecutor David Gibbons did not object to a request by the defense for the gag order in the case in an effort to reduce news coverage off the case.

Reference: http://www.katv.com/news/stories/0606/333899.html

[nobody]

Post claiming to be Detective Frost -

"I am Detective Mark Frost. I have just recently been reading your posts. I decided to reply to some of your comments. I will not discuss the case in this forum however; I would like to set something straight. All three of you have assumed an anonymous name so nobody will know who you are. As you can see I have not done this. I have given my real name and you can go to my profile and get my e-mail address to contact me directly, if so desired. I ask that the three of you do the same if you decide to reply. You have stated that LewisM was a paid consultant for the Russellville Police Department from December 05 thru April 06 when you quit because you were upset that Kevin Jones was to be arrested. I am the lead detective in this case and at no time did the Russellville Police Department ever hire a consultant to assist with the investigation. If you so desire please feel free to file an FOI to determine if what I am saying is true. I have talked with my chief and he has advised me that we will honor a FOI request of that nature. Obviously any other request for information reference this case will not be honored because as you all know this is an ongoing investigation. Just because an arrest has been made does not mean that the investigation stops. I look forward to your replys, however please resond with your real names or please feel free to e-mail me direct. If you need assistance in filing the FOI please feel free to contact me direct."

[nobody]

Post claiming to be Detective Frost -

"I am Detective Mark Frost. I have just recently been reading your posts. I decided to reply to some of your comments. I will not discuss the case in this forum however; I would like to set something straight. All three of you have assumed an anonymous name so nobody will know who you are. As you can see I have not done this. I have given my real name and you can go to my profile and get my e-mail address to contact me directly, if so desired. I ask that the three of you do the same if you decide to reply. You have stated that LewisM was a paid consultant for the Russellville Police Department from December 05 thru April 06 when you quit because you were upset that Kevin Jones was to be arrested. I am the lead detective in this case and at no time did the Russellville Police Department ever hire a consultant to assist with the investigation. If you so desire please feel free to file an FOI to determine if what I am saying is true. I have talked with my chief and he has advised me that we will honor a FOI request of that nature. Obviously any other request for information reference this case will not be honored because as you all know this is an ongoing investigation. Just because an arrest has been made does not mean that the investigation stops. I look forward to your replys, however please resond with your real names or please feel free to e-mail me direct. If you need assistance in filing the FOI please feel free to contact me direct."

It is official, it was Detective Mark Frost that posted yesterday! Mark was not aware that the e-mail link would not work and he gave me his e-mail address to post here (if the moderator removes it try contacting Mark with a private message): mark.frost@russellvillearkansas.org
For the record, he was a real nice guy!

[nobody]

The Courier Article reads as follows: "Father Of Murder Suspect to Pay Fines" - "The father of murder suspect Kevin Jones was sentenced this week in Russellville District Court to pay $455 in fines and court costs after allegedley slamming a chair into a wall at the Russellville Police Department. Hiram Jones, Jr., 50, was not present at his court hearing Wednesday, but his attorney Micheal Robbins pleaded no contest on behalf of his client for the misdemeanor disorderly conduct and and criminal mischief charges against him"...... There is quite a bit more to the article, appearing as a second page story in today's paper.

[nobody]

Nona, who died a couple of weeks before her 20th birthday, was planning to sing during the Christmas Eve worship service.
Music was an important part of Nona's life.
Not only did she play the flute in her high school band, but she sang in the church choir, Tech choir and as talent in area scholarship pageants.
"She had a beautiful voice. We were so glad when she would sing at church," Peggy said. "Via Dolorosa." She did a beautiful job on that one."
In addition to music, Nona cared about the welfare of others. That's why she became involved with the Big Brother Big Sister program.
At the time of her death, Nona was "Big Sister" to an 11-year-old girl.
"The night she was murdered, she was supposed to take that little girl out to eat," Peggy said.
Showing kindness and caring for others were important to Nona, and it showed.

Reference: http://www.couriernews.com/archived_story.php?ID=11612&Search=Nona%20Dirksmeyer

[nobody]

Prosecutor David Gibbons did not object to a request by the defense for the gag order in the case in an effort to reduce news coverage off the case.

Reference: http://www.katv.com/news/stories/0606/333899.html

Circuit Judge John S. Patterson granted defense lawyers' request for a gag order. Patterson's order this week said media coverage could make it difficult to seat a fair and impartial jury in the trial of 20-year-old Kevin Jones of Dover, Dirksmeyer's boyfriend.

Patterson's order limits discussion of the case to court filings and related courtroom activity.

Reference: http://www.katv.com/news/stories/0706/342993.html

[nobody]

By Brooke Vermillion
Reporter
Friday, Dec. 15, 2005, was Detective Mark Frost's first scheduled night of the week to be on call after-hours at the Russellville Police Department's Criminal Investigation Division (CID).
The evening had been fairly quiet prior to a call that came in at about 6:30 p.m. requesting his assistance in an unattended death at 1006 S. Inglewood.
But the call was not an unusual one. Frost had been on several calls that started out similarly.
"They told me a person was found dead," Frost said. "That's all I knew when I left (the office). I've responded to numerous calls like that and it ranges from a natural death to a suicide. They (dispatchers) don't give us (detectives) a whole lot of information on the front side."
When he arrived at the Inglewood apartment complex and saw the chief of police standing near a barricade of yellow caution tape, Frost said he knew this was no natural death.
CID Sgt. John Waid met the detective on his way into the apartment and briefed him on what they had seen. A crime log was started to document who entered and exited after Russellville police officers finished securing the scene.
The nude body of a 19-year-old woman had been found lying in a pool of blood on the living room floor, according to police reports. She had visible cuts on her throat, and was pronounced dead at the scene by Pope County Coroner Leonard Krout.
After the three people who found the body were ushered away to the police department where they were interviewed and released by Detectives David Virden and Carey James, Frost and Detective Jayson Crabb stayed at the scene to photograph and collect evidence.
"That's standard," Frost said of the interview and collection process the detectives used that night. "You try to get as much information as you can in the first 48 hours of an investigation, because after that, [people] start to kind of scatter. ... So the first 48 hours are crucial. We just get as much as we can as quick as we can -- document, document, document."
To process the scene meant detectives looked for fingerprints, blood, hair, clothing fibers, etc., Frost said.
"There's nothing we don't look at," he said, noting he took photographs upstairs and downstairs, close up and at a distance. "That's what takes time -- we look at everything."
But Frost said that procedure is also customary during an investigation.
"Processing a homicide scene is no different than processing a burglary scene," he said. "The principles are still the same; it's how in-depth you go that makes all the difference. ... We just look at it in a different light."
When asked how long he stayed the first night, "I couldn't tell you; I never looked at my watch. Time was not an issue."
But Frost estimated he stayed at least five or six hours on the night of Dec. 15.
Officers then kept watch over the scene all night until detectives could return the next morning to finish gathering evidence.
The officers' role, he said, was important because, "When we get there to process a crime scene, whether it's a break-in of a house, car, whatever, we focus on the scene itself. ... So we're not paying attention to what's going on outside of the scene. That's why we need officers there -- to keep people from contaminating the scene.
"They are there to watch our backs while we do our jobs."
Handling the pressure
Police, firefighters and emergency personnel deal with critical incidents quite often. But the general public often wonders how they handle pressure in those tough situations.

Reference: http://www.couriernews.com/archived_story.php?ID=11611&Search=Nona%20Dirksmeyer

[nobody]

Detective Frost Defending RPD

Since the December 2005 day when a 19-year-old Arkansas Tech University student lost her life in the first known homicide in the city in several years, questions have been asked and rumors have flown about the competence of the city's police department in handling a case of its magnitude.
Even with the negative talk on the street and letters to the newspaper editor voicing personal concerns, the police have just smiled and remained quiet about how they actually handled the case -- until now.

Reference and more information:
http://www.couriernews.com/archived_story.php?ID=11603&Search=Nona%20Dirksmeyer

[nobody]

Facts in Bold

Moore & Co - a local realty company had/has it (Jones Gas Station) listed. I'm not sure if it sold or what but it was listed in the paper (for sale) several times.

Logically, you'd think they were selling because of the press and maybe because of mounting legal fees.

[nobody]

The owner of the cafe where Kevin worked/works was killed tonight in a car wreck on I-40. Paul Eells the voice of the Arkansas Razorbacks was also killed.

http://www.katv.com/news/stories/0806/349055.html

[nobody]

According to the Dover Times, the Burtons recently sold the Bayou Bridge Café. . .

[nobody]

The greeting card (at the scene) was from Nona's mom.

[nobody]

"Attorneys representing Kevin Jones of Dover are formally requesting certain evidence be handed over to them that they believe could implicate another person in the December 2005 murder of Arkansas Tech University student Nona Dirksmeyer.
In a second formal request filed in Pope County Circuit Court Sept. 18 compelling the district prosecuting attorney’s office to supply additional evidence, the attorneys accuse the office of refusing to hand over interviews and forensic evidence collected from third-party individuals during the Dirksmeyer investigation.
“Several of the items requested were of an exculpatory nature in that they point to the possibility of a third party’s guilt,” the document states. “Such evidence is discoverable and ... the defendant’s right (to) have a meaningful opportunity to present a complete defense includes the ability to present evidence of a third-party’s guilt.”
. . . Robbins and Johnson also accuse the prosecutor of withholding certain physical and forensic evidence for defense expert examination; and “results of physical or mental examinations, scientific tests, experiments or comparisons.”
The attorneys asked that Circuit Judge John Patterson make a decision on when Gibbons should provide the requested evidence. . ."

[nobody]

Russellville Police Chief James Bacon says he is leaving to take a job in Missouri. The 44 year-old police chief says his move has nothing to do with the arrest and death of Bobby Joe Rylee this summer. He says his reasons are personal.

The F-B-I is conducting a civil rights investigation into Rylee's death. Rylee's family has filed a lawsuit over it.

Prosecutor David Gibbons exonerated the officers involved in Rylee's arrest, saying they were justified in using the force they did in arresting him July 15th. Rylee died five days later at a Little Rock hospital. The state medical examiner's office said he had a broken neck with spinal-cord injury and fractured ribs.

Bacon says he learned of the job in Missouri in June and has always wanted to live in Missouri. He says his last day will be October 19th. He is taking a job as police chief of Nixa.


Reference: http://www.katv.com/news/stories/1006/366706.html

[nobody]

Following the death of her bilogical father, "Nona later told her mother, Carol Dipert, that the assaults by an adult male began in 1991, when she was 5, and continued for about five years."

[nobody]

Nona Dirksmeyer

Nona Carol Dirksmeyer, 19, of Russellville, died Thursday, Dec. 15, 2005 at her home.

The daughter of Paul and Carol Yvette Larpenter Dirksmeyer, she was born Dec. 26, 1985 in Zachary, La.

She was a 2004 graduate of Dover High School. She attended Arkansas Tech University and was a sophomore music education major, participating as a member of both the Concert Chorale and the Chamber Choir. She was a member of the First Christian Church Disciples of Christ and in the church choir. Also a member of the Big Brother and Big Sisters; former Pope County Fair Queen and Miss Teen Nebo; she was crowned Miss Petit Jean Valley 2005 and went on to compete in the Miss Arkansas Pageant in 2005.

She was preceded in death by her paternal grandparents, Nona Blanche and William Mewburn Dirksmeyer; maternal grandparents, Mary and Carl Larpenter; her father, Paul D. Dirksmeyer; and a an aunt, Lucille McWhorter.

Survivors include her mother and step-father, Carol and Duane Dipert of Russellville; four brothers and two sisters-in-law, John Dirksmeyer of Russellville, Mike and Pat Dirksmeyer of Kirbyville, Texas, Greg “Duke” and Dana Dirksmeyer of Friendswood, Texas, and Paul Dirksmeyer of Metairie, La.; a sister, Judy Smith of Baton Rouge, La.; her fiancé, Kevin Jones of Dover; a step-brother, Erich Dipert and wife, Sara, of Centerton; two step-sisters, Sarah Duvall and husband, Josh of St. Louis, Mo. and Aileen Dipert of Bentonville; three aunts, Elaine Trimble of El Centro, Calif., Sue Rome and husband, Mike of Tallulah, La., and Theresa Thom and husband, Albert of Topeka, Kan.; numerous nieces and nephews and a host of friends.

Funeral services will be Thursday, Dec. 22 at the First Christian Church Disciples of Christ in Russellville. Reverend Stan McDougal will officiate. Burial will be at Rest Haven Memorial Park in Russellville, by Humphrey Funeral Service.

Visitation will be Wednesday from 6 to 8 p.m. at the funeral home. Internet obituary may be found at Legacy.com.

Active pallbearers will be Erich Dipert, Scott Rome, Hiram Jones, Jr., Dan Huckabay, Josh Kanady, Ryan Whiteside, Jeremy Huggins, and Justin Poynter.

Honorary pallbearers will be Russell Jones, Josh Dalzell, Brent Honeycutt, H.C. Martin, Roger Pierce and Brian Featherston.

Reference: http://www.atkinschronicle.com/nonadirksmeyer.htm

[nobody]

Dipert Family shocked by Suspect

"Right now, we're relieved an arrest has been made," Duane Dipert, Nona's stepfather, said. "Our sympathies go to the Jones family and friends. While the worst has already happened to us in the death of Nona, the worst is just beginning for the Jones family."
Carol Dipert said Kevin and Nona had been in a relationship for about five years and had planned on getting married.
"Nona told me that marriage was something they wanted to do, and Kevin wanted to wait to get a ring that Nona could be proud of," Carol said. "I liked Kevin, and through the years, I looked at him like he was my son."
"I'm glad an arrest has been made," Greg Dirksmeyer, Nona's brother, said. "It's just so sad. I still shed tears everyday when I see her pictures or hear my kids express their feelings for a person they cared for very much."
Both of Nona's parents said they would have never imagined Jones could have possibly been a suspect.
"He was the last person I thought would be a suspect," Carol said.
The Diperts not only endured Nona's tragedy, but they buried her knowing her longtime boyfriend was a suspect, and they couldn't say anything about it.
"During the funeral we knew he was a suspect, and we requested for him not to sit with the family. Members of the Russellville Police Department visited us the night before the funeral (Dec. 21) and said that Kevin (Jones) was a suspect," Duane told The Courier in his living room as he watched Friday's press conference. "It was difficult to have that information as time passed and the investigation went on."
The investigation carried on for 106 days and faced massive criticism from numerous sources and was riddled with rumors.
"Kevin was one of the last people we thought could be suspect. I can assure you, it was like a double blow to us to find out that Kevin was a suspect. He was a person that Carol had known for years and someone she trusted."
As the investigation continued, residents began to speculate about authorities' silence in the case and questioned if the Diperts were in communication with investigators.
"We'd like to thank the Russellville Police Department and the prosecutor's office for their thorough work and arresting the suspect," Duane said. "Detective Mark Frost of the Russellville Police Department and David Gibbons, prosecuting attorney, have been in contact with Carol and I about once per week since Nona's murder."
The Diperts shared their relief Friday with members of the media, however they again said the case is just entering another phase.
"The police, especially Mark Frost, have been exceptionally thorough in this case. Mark, David Gibbons and Chief (James) Bacon assured us that they had resources at the state and federal levels that they could call upon when needed. And they did."
Duane said not a day nor even a minute goes by he and Carol don't think about Nona.


Reference: http://www.couriernews.com/archived_story.php?ID=10803&Search=nona%20dirksmeyer

[nobody]

The lady who printed "Justice for Nona" bumper stickers (her name is Connie Goff), as well as Nona's mom, will be in front of Hobby Lobby (Russellville) today from 2 pm until.... Bumper stickers are free.

[nobody]

The Arkansas River Valley became flooded with rumors during the past few days about the identity of the person responsible for ending 19-year-old NONA DIRKSMEYER's life nearly 70 days ago in her Russellville apartment.
There has even been speculation that a relative of a prominent city official confessed to the crime.
"No elected official or the family member of an elected official is a suspect in this case. There has been no arrest in the Dirksmeyer case, nor has there been a confession," said David Gibbons, 5th Judicial District prosecuting attorney.
After months of silence and no name to put with the crime except for the victim's, the public's need for answers has manifested into wide-spread speculation.
On Tuesday, many readers -- and even members of the media -- called The Courier to ask if it was true a suspect turned himself in to authorities and confessed Monday night.
"There's zero truth to it," Russellville Police Chief James Bacon said. "It's idle gossip."
Gibbons agreed, saying "Nobody's in custody, and any official booking would fall under the Freedom of Information (FOI) Act, and media would be privvy to that information."
Dirksmeyer, who was an Arkansas Tech University sophomore, was discovered Dec. 15 in her off-campus apartment allegedly the victim of blunt- and sharp-force trauma.
Rumors have accompanied Dirksmeyer's story since the beginning, however, as of late, they have increased in volume and have grown more and more detailed.
Several readers called The Courier inquiring about an apparent radio report Monday night stating the same information about a suspect being in custody and a confession.
The Courier cannot confirm the alleged report aired, and has no information supporting the claims.
"I remind people to not pay attention to rumors and wait until all the facts come into light," Bacon said.
Background
During a Dec. 22 press conference, Bacon said all but one of the persons of interest have been eliminated as a suspect and that person is still at the center of the investigation.
Gibbons has yet to file charges and has requested the Russellville Police Department to not release the name of the suspect until formal charges are filed.
About Dirksmeyer
Dirksmeyer, a 2004 graduate of Dover High School, was discovered Dec. 15 by her boyfriend Kevin Jones, his mother, Janice Jones and acquaintance Ryan Whiteside.
The daughter of Carol and Duane Dipert of Russellville, Dirksmeyer, a Dover native, was elected Miss Petit Jean Valley 2005 and went on to compete in the Miss Arkansas Scholarship Pageant in Hot Springs.
Her platform was child-abuse prevention and treatment.

Reference: http://www.couriernews.com/archived_story.php?ID=10466&Search=nona%20dirksmeyer

[nobody]

"How accurate is a polygraph?
While the polygraph technique is highly accurate, it is not infallible and errors can occur. According to the American Polygraph Association over 250 studies have been conducted on the accuracy of polygraph testing during the past 25 years. Recent research reveals that the accuracy of the new computerized polygraph stytem is close to 100%.
Most errors occur with inexperienced polygraph examiners. Just as one doctor can look at an x-ray, and not see a problem, while the next, more experienced doctor can, so it goes with polygraph charts." from..

Reference: http://www.truthorlie.com/accurate.html

[nobody]

The following includes segments of a phone call made to the Pope County 911 Dispatch Center at 6:30 p.m., Dec. 15, from 1006 South Inglewood Apt. 12.
The call was from Janice Jones, mother of NONA DIRKSMEYER’s fiancé, Kevin Jones. Kevin Jones and Ryan Whiteside were also present at the time of the call.
Because of the quality of a phone conversation recording and idle conversation, not all of the 10-15 minute call is transcribed below:
Call
Woman: I need the police. (Distressed)
911 operator: I need to know what’s going on, please.
Woman: My son’s girlfriend — I think she’s dead. There’s been a terrible accident. (Sobbing)
911 operator: OK. What kind of accident ma’am?
Woman: I don’t know ma’am. She’s ...
911 operator: OK. What is the address?
Woman: She’s lying on the carpet and there’s blood all over her face. I’m trying to find the address. ... This is the first time I’ve been here. ... We just came to check on her because she didn’t answer the phone. (Sobbing)
I need the address, boys. I need the address! ...
Her name is NONA DIRKSMEYER. ...
(Caller switches to a male at the scene)
911 operator: Sir, I know you’re very upset, but I’ve got to find out where the apartment is.
Male: OK. It’s on Inglewood in Russellville ...
911 operator: Is she breathing at all?
Kevin: No, no. She’s cold. She’s not breathing, she doesn’t have a pulse, and I think she’s dead. ...
911 operator: OK. Stay on the line until somebody gets there.
Male: OK. I’ll be here.
(Caller switches back to woman at the scene)
(General conversation while waiting for EMS to arrive)
911 operator: How long has it been since he talked to her?
Woman: She sent him a text message at 9 o’clock this morning. ...
(Ambulance arrives after further conversation. Call ends at about 6:40 p.m.)

Reference: http://www.couriernews.com/archived_story.php?ID=9882&Search=nona%20dirksmeyer

[nobody]

"A Pope County jury trial is expected to begin Jan. 16 for the man charged with murdering the young Nona Dirksmeyer — her long-time boyfriend, Kevin Jones of Dover. The trial is expected to take 10 days, with more than 100 witnesses slated to testify — including Jones."

[nobody]

Bloody finger- and palmprints belonging to Jones were reportedly found on the lamp authorities believe to be the murder weapon, according to the statement. Jones later denied touching the lamp at the time he, his mother Janice, and friend Ryan Whiteside discovered Dirksmeyer’s body.

Reference: http://www.couriernews.com/archived_story.php?ID=13430&Search=nona%20dirksmeyer

[nobody]

"Thanks for the welcome, and I'm just doing some research.

I don't have anything to add, unfortunately, except to say The Courier's coverage of Nona's case will resume in the next week or so as Kevin's trial date approaches.

I will try to keep Freshwater apprised of any articles we run."

Reference: page 24, Post # 957

[nobody]

Defense documents filed with the court say that Florida-based D-N-A Labs International found that D-N-A found on a condom wrapper "ruled Kevin Jones out" as the source.
Reference: http://www.todaysthv.com/news/news.aspx?storyid=39787

[nobody]

"Attorneys for Jones filed two motions and a brief Monday. The first motion asked for the charges against Jones to be dismissed or for the jury to be given specific instructions during the trial regarding the contents of Dirksmeyer’s cell phone SIM card.
In their motion, defense attorneys allege the Russellville Police Department allowed the phone to leave the evidence room and police custody for a period of two months. During that time, “the contents of the sim [sic] card had been totally erased,” according to the document.
The State Crime Lab reportedly downloaded the contents of the SIM card before it allegedly left police custody.
Jones’ attorneys asked the court to either dismiss the case or to instruct the jury to assume anything on the SIM card “be construed as unfavorable to the State and favorable to the Defendant,” according to the motion.
The second motion requested a court order “prohibiting the State from arguing, asserting, or even suggesting [Jones’ bloody fingerprints found on the alleged murder weapon] were made at any time prior to the discovery” of Dirksmeyer’s body, based on the defense’s tests of blood drying time on lightbulbs, according to the motion. A brief filed in support of the motion contained an affidavit from John Kilbourn and Rodger Morrison, the defense experts who conducted the experiments, outlining their conclusions.
Patterson said Tuesday morning he hasn’t received copies of the defense motions. He said depending on the issues addressed, the motions may not be considered until the first day of trial."

Reference: Page 26, Post 1014

[nobody]

Alleged rapes at Ryan Whiteside house party.

[nobody]

The Courier obtained police documents from the Russellville Police Department’s AEGIS computer system detailing the victim’s complaint.
According to Russellville Police Officer Lee Goemmer’s Dec. 31 report, the alleged victim told police she attended a party at Whiteside’s North Greenwich residence Dec. 28, where she consumed “a couple of alcoholic beverages.” She told investigators she woke up the next morning, naked and sore, but couldn’t remember what happened.
In a separate statement given to police, the victim’s cousin recounted a Dec. 31 conversation she had with Chelsea Huckabay, who was at the party, about what allegedly happened.
Huckabay allegedly told the cousin Jeffery Simmons allegedly put half a tab of the drug Ecstasy in a glass of water and gave it to the victim, which she drank, according to the statement.
Later that night, Huckabay said she heard the victim crying, according to the statement. “When she went back to check on her, she observed Jeff Simmons on top of [the victim] having sexual intercourse with her,” according to Goemmer’s report. Simmons told Huckabay “to go away,” according to the cousin’s statement.
According to the police report, Huckabay checked on the victim a second time and saw Whiteside allegedly having sexual contact with the victim while Jones allegedly watched. After Huckabay asked if the men planned on “just taking turns,” she was told to leave again, according to the cousin’s statement.
When Huckabay ap-proached the bedroom a third time, she allegedly found the door locked, and according to the police report, text-messaged Jones, who was in the bedroom with the victim, Whiteside and Simmons.
“[The victim] and Jeff are still doing it hold on,” Jones wrote in response, according to the cousin’s statement.
Before Huckabay left the residence at 1:30 a.m., she saw the victim lying naked on the bed, according to the report.
After the victim and the cousin gave their statements, the clothes the victim wore at the party were placed into evidence. The victim underwent a RAPE examination at St. Mary’s Regional Medical Center.
Goemmer’s report noted Huckabay was not available for questioning at the time the complaint was made, which was at 10:44 p.m. on New Year’s Eve. Huckabay is expected to testify at Jones’ murder trial.
The Russellville Police Department turned the investigation over to the Arkansas State Police by the next day.
“This is still an open investigation, and a couple of the investigators have met with [5th Judicial District Prosecuting Attorney David Gibbons], but no report has been completed,” Lt. Bill Beach, commander of the ASP Criminial Investigation Division, said when reached Wednesday afternoon.
Gibbons said he has not received the complete state police file, but expected to see one soon.
“I’ll decide if charges will be filed after I’ve reviewed it,” he said.
Michael Robbins, Jones’ defense attorney in the Dirksmeyer case, had no comment.
Jones is out on an unsecured bond while he awaits trial. One of the conditions of his bond, according to an order setting his pretrial release conditions, is that he “shall not commit an offense punishable by incarceration.”
If a judge determines there is probable cause a person out on bond has committed another felony, then it is routine practice for the prosecuting attorney to ask the judge to reconsider the original bond.
Editor’s note: What charges, if any, filed in connection with this case, along with any other new information, will be published in later editions of The Courier.

Reference: http://www.couriernews.com/archived_story.php?ID=13515&Search=rape

[nobody]

Jeff Simmons' family wrote a letter to the editor, which was posted in the Dover Times yesterday. I will share it here for anyone who may be interested.
Dear Editor,
False allegations against another is a serious matter. I have learned these last few weeks how serious it can become, when for whatever reasons, rumors, accusations, and falsehoods spin out of control innocent people get hurt.
I am thankful the justice system worked for us, and when armed with the truth, one would hope truth would prevail.
There is no need to repeat any of the falsehoods here; there are too many versions distributed to put the toothpaste back in the tube... but i will say this: being falsely accused of a serious crime, or any crime is a serious matter. It places a burden on the system and more importantly, a burden on others who may have legitimate claims of being harmed. This is no joking matter. This has been devastating to our family, particularly to my son, who has not and did not cause harm to anyone.
As a family, we would like to thank all of the many friends, acquaintances, and others who have supported us, and who also feel victimized. You are a blessing!
The Simmons family

Reference: Post #1214

[nobody]

Facts in Bold

Moore & Co - a local realty company had/has it (Jones Gas Station) listed. I'm not sure if it sold or what but it was listed in the paper (for sale) several times.

Logically, you'd think they were selling because of the press and maybe because of mounting legal fees.

It is official, Jones Station has been sold. The sign originally read "opening soon under new management." Many people thought the Jones were just leasing it and I guess the buyers were approached with questions about it because now it says "opening soon under new ownership***" The asking price was about $265,000. I think their home was or is for sale as well. I can't imagine how expensive this has been for the Jones family and Janice is only a teacher.

[nobody]

ARKANSAS DEMOCRAT-GAZETTE

Posted on Tuesday, February 6, 2007

URL: http://www.nwanews.com/adg/News/181035/

RUSSELLVILLE An Arkansas Tech University student accused The Courier newspaper of libel in a lawsuit filed Monday in Pope County Circuit Court.

The complaint, filed by Ryan Whiteside, 20, of Russellville, says the newspaper printed an article Jan. 11 that contained false accusations? implicating him in the commission of a crime or crimes.

Reached by telephone, Scott Perkins, editor of The Courier, said: I have no comment. I don't know about the lawsuit. Perkins is named as a defendant in the suit, as is the newspaper's owner, Paxton Media Group LLC of Paducah, Ky.; publisher Neal Ronquist; and Janie Ginocchio, the reporter whose byline was on the Jan. 11 article as well as a related article Jan. 15.

Whiteside's suit said the Jan. 11 article stemmed from a police report based entirely upon hearsay. The lawsuit, filed by Houston, Texas, attorney H. Clay Moore and Little Rock attorney R. David Lewis, accuses the newspaper of negligence, claiming it, among other things, published a police report marked no press, carried the story before any charges were filed and failed to contact Whiteside for a statement.

Further, the lawsuit says the newspaper used the Jan. 15 article, which reported Prosecuting Attorney David Gibbons decision not to file charges in the matter, as an opportunity to republish all the salacious allegations appearing in the [original ] article and adding others.

[nobody]

ARKANSAS DEMOCRAT-GAZETTE

Posted on Tuesday, February 6, 2007

URL: http://www.nwanews.com/adg/News/181035/

RUSSELLVILLE An Arkansas Tech University student accused The Courier newspaper of libel in a lawsuit filed Monday in Pope County Circuit Court.

The complaint, filed by Ryan Whiteside, 20, of Russellville, says the newspaper printed an article Jan. 11 that contained false accusations? implicating him in the commission of a crime or crimes.

Reached by telephone, Scott Perkins, editor of The Courier, said: I have no comment. I don't know about the lawsuit. Perkins is named as a defendant in the suit, as is the newspaper's owner, Paxton Media Group LLC of Paducah, Ky.; publisher Neal Ronquist; and Janie Ginocchio, the reporter whose byline was on the Jan. 11 article as well as a related article Jan. 15.

Whiteside's suit said the Jan. 11 article stemmed from a police report based entirely upon hearsay. The lawsuit, filed by Houston, Texas, attorney H. Clay Moore and Little Rock attorney R. David Lewis, accuses the newspaper of negligence, claiming it, among other things, published a police report marked no press, carried the story before any charges were filed and failed to contact Whiteside for a statement.

Further, the lawsuit says the newspaper used the Jan. 15 article, which reported Prosecuting Attorney David Gibbons decision not to file charges in the matter, as an opportunity to republish all the salacious allegations appearing in the [original ] article and adding others.

A Russellville resident has filed suit in Pope County Circuit Court accusing The Courier in Russellville of libel and defamation in connection with stories published in January about an "alleged rape,"at the residence of the plaintiff.

The suit, filed Monday, names the publisher, editor, a reporter and the parent company, Paxton Media Group, accusing the publication of "untruths and falsehoods concerning the integrity and character of the Plaintiff."It doesn't specify an amount but asks to recover "actual and exemplary or punitive damages for substantial and irreparable injury to the Plaintiff."

The suit was filed by Ryan Whiteside. The individual defendants are Neal Ronquist, publisher, Scott Perkins, editor, and Janie Ginocchio, reporter, at The Courier.

The suit is based on a story by Ginnochio published Jan. 11 headed, "Arkansas State Police looks into alleged rape,"based on a police report The Courier reported it obtained from the Russellville Police Department's AEGIS computer system. The suit says the report was marked "no press"and provides a copy.

The suit says, "The Report was based entirely on statements made by the victim of the alleged rape (not identified in the Article) who was quoted as saying that she ‘couldn't remember what happened,' and by the cousin of the alleged victim (also not identified) who accompanied the alleged victim to the police station but was not present at any time the during the alleged rape or related activities. Accordingly, the Report and resulting article were based entirely upon hearsay."

The suit also says the paper printed a follow-up story stating that the local prosecuting attorney had decided not to file charges but "failing to print fully his determination letter stating, "It should be noted that there is no evidence at all that Ryan Whiteside or [deleted], both of whom were also men mentioned in the initial incident report, had any sexual contact with the complainant at any time during the 28th and 29th of December."

It says the paper used the follow-up "as an opportunity to republish all the salacious allegations appearing in the Article and adding others from activities determined to be consensual sex, for the sole purpose of increasing sensationalism and keeping the libelous story in the news."

The suit summarizes the basis for the suit as: (a.) publishing the story before the police had completed their preliminary investigation; (b.) publishing a police report that had been marked "no press;"(c.) publishing the story before charges had been filed; (d.) failing to interview the source of the hearsay in the Report; (e.) failing to contact Plaintiff for a statement; (f.) reporting statements as facts without clearly identifying them as allegations and twisting facts to imply greater involvement and culpability of Plaintiff in criminal activity.

When contacted by The Chronicle and The Times, the Courier's publisher had "no comment"about the case.

The stories also named other people whose names were withheld from the suit filing.

The suit was filed by H. Clay Moore of Houston, Texas, and R. David Lewis of Little Rock.

[nobody]

New evidence submitted by the defense in the murder case of beauty queen Nona Dirksmeyer has pushed back the murder trial until July.

Dirksmeyer's boyfriend, Kevin Jones, was supposed to stand trial next week. A gag order in the case prevents attorneys and potential witnesses from commenting.

Kevin Jones' attorney believes a discovery filing submitted to Pope County Circuit Court will clear their client in the murder of Nona Dirskmeyer. The document outlines never before released details about the scene of the crime, Dirksmeyer's Russellville Apartment.

Section 1C of the filing shows independent lab results found male DNA on a condom discovered at the scene is not a match to Jones.

The document also suggests Dirkmeyer's computer was accessed hours after she died. Apparently, someone logged on and accessed a photo of another pageant contestant.

Finally the document outlines physical evidence that will be used by the defense including e-mails, phone records, and a picture of Dirksmeyer and Jones together.

Jones will likely be called as a witness as will the victim's parents.

[nobody]

Neighbors say the last time they saw her was Wednesday night. They say Dirksmeyer lived in the apartment for about six months, and never bothered anyone. They say they told police there was a car parked outside of her apartment early Thursday afternoon that they didn't recognize.

Reference: http://www.5newsonline.com/Global/story.asp?S=4254754

[nobody]

Fifth Judicial District Circuit Judge Dennis C. Sutterfield announced Tuesday afternoon in a letter to attorneys involved in Kevin Jones’ upcoming murder trial that newly appointed Circuit Judge James D. Kennedy has recused himself.
Kennedy served as a deputy prosecutor from January to July 2006, according to the 5th Judicial District Prosecuting Attorney’s office. Jones was charged with the murder of Nona Dirksmeyer on March 31, 2006, and his trial is scheduled to begin July 9.
According to the Arkansas Judicial Code of Conduct, “a judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned.”
When a judge recuses himself, it is up to the administrative judge — Sutterfield in this district — to determine if the case should be reassigned to another division or if a special judge should be appointed. In the 5th Judicial District, only Sutterfield and Kennedy hear circuit court criminal cases. Judge Ken Coker Jr. presides over juvenile matters and Judge Gordon “Mack” McCain Jr. handles domestic relations and probate cases.
Kennedy recently recused himself from another murder case against David Woody, Travis Farmer, Donovan Farmer and Kevin Erdelyi, who stand accused of killing an informant. The case was transferred to Sutterfield’s court and Woody’s trial will begin March 6. [see related story]
“Due to the congestion of my docket and a desire that this matter not be delayed, I requested the appointment of a Special Judge for [the Dirksmeyer case],” Sutterfield wrote in his letter.
In an order signed Monday, State Supreme Court Chief Justice Jim Hannah assigned retired Judge John Patterson to preside over the case.
The Jones case was originally assigned to Patterson’s court; Patterson retired in January.
“I wish to express my appreciation to Judge Patterson for accepting this assignment,” Sutterfield wrote. “His extensive experience on the bench and his previous involvement as the sitting judge on this case means that this matter can be tried as scheduled without delay and this will serve the interests of justice for all concerned.”
Background
Dirksmeyer, a 2004 graduate of Dover High School and the reigning Miss Petit Jean Valley at the time of her death, was found slain in her Russellville apartment in December 2005, authorities said.
Jones, her boyfriend, was charged with first-degree murder in connection with her death March 31, 2006, and the trial was scheduled to begin Jan. 16, 2007.
Citing an “extraordinary amount” of media coverage, Jones’ attorneys requested a gag order be placed in effect.
The agreed order signed in July forbid attorneys, attorney employees, agents, consultants, witnesses, court personnel and law enforcement officers from making any public comment regarding the case against Jones.
The gag order will be lifted when a Pope County jury returns a verdict deciding Jones’ guilt or innocence, the order states. Any limited comments made prior to the trial must be court approved.
The day before he announced his retirement, Patterson granted the prosecution’s motion for a continuance, and the trial was delayed until July 9.
Copyright 2007 Russellville Newspapers, Inc.

Reference: Post February 28, 2007 - #1645

[nobody]

Originally Posted by mgrace
aa. Disposition of Evidence prepared by ASP Agent Stacie Rhoads dated 1-6-06
- attached
bb. Miranda rights fonn signed by defendant - 12-21 .. 054:26 pm - attached
cc. Unsigned Miranda rights form - 12-15-05 (read to defendant by Det. Virden
on DVD) - attached
dd. Notes written by defendant on 12-15-05 (includes friends of victim, victim's
classes and timeline of defendant) - attached
ee. Crime Scene Sketch drawn by defendant - 12-15-05 - attached
ff Ryan Whiteside rights fonn dated 12-15-05 - attached
gg. Transcribed statement of Ryan Whiteside - 19 pages - 12-15-05 - attached
hh. Transcribed statement of Janice Jones -19 pages - 12-15-05 - attached
ii. Summary of Interview of Al Frazier - 2-8-06 - 1 page - attached
jj. Nine (9) photos taken 12-15-05 (10:01 to 10:06)- attached
kk. Statement of AI Frazier-12-16 ... 05 -4 pages - attached
ll. Statement of Bobby Maross - 12-16-05 - 9 pages - attached
mm. Statement of Vicky Kiehl-12-16"()5 -12 pages - attached
nn. Statement of Holly Gale -12-16-05 - 8 pages - attached
oo. Statement of Scott Pearson - 12-16-05 - 7 pages - attached
Miranda rights fonn of James York III - 12-16-05 - attached
qq. Statement of Sara Busch - 12-20-05 - 20 pages - attached
rr. Statement of Tony Sigle - 12-20-05 - 6 pages - attached
ss. Statement of Andrew Featherston - 12-28-05 - 2 pages - attached
tt. Statement of Jason Kennedy-12-29-05 - 4 pages - attached
uu. Statement ofNonna Tate Jones - 1-9-06 - 2 pages - attached
vv. Statement of Kelly Edwards - 3 ... 2 ... 06 - 3 pages - attached
ww. Statement of Kelly Edwards - 1-6-06 - 18 pages - attached
xx. Statement of Laura Brown - 12-20-05 - 7 pages - attached
yy. Statement of Laura Brown - 2-6-06 - 3 pages - attached
zz. Report of Cause of Death - 12-19-05 - attached
aaa. Report of Autopsy - 3-16-06 - attached
bbb. Evidence Submission Sheet stamped Received 12-29-05 (including all items listed thereon) - attached
ccc. Evidence Submission Sheet stamped Received 12-21-05 (including all items
listed thereon) - attached
ddd. Evidence Submission Sheet stamped Received 1-17-06 (including all items
listed thereon) - attached
eee. Evidence Submission Sheet stamped Received 1-23-06 (including all items
listed thereon) - attached
fff. Crime Lab Report - 12-27-05 - attached
ggg. Crime Lab Report - 2-6-06 – attached
hhh. Crime Lab Report - 2-9-06 - attached (CD referred to is CD listed as item
"0"
iii. Crime Lab Report - 2-15-06 - attached (Terry Rolf)
jjj. Crime Lab Report - 2-15-06 - attached (Chantelle Taylor)
kkk. Eleven (11) Arvest photos taken 12-15-05 - attached
lll. Affidavit for Search Warrant and Search Warrant - 1-18-06 - attached
mmm. Return (including all items listed thereon) - attached
nnn. Statement of Chris Chappell - 1-11-06 - 5 pages - attached
ooo. Application for Order for Cell Site Infonnation - attached
ppp. Order for Cell Site Information - attached
qqq. CelI Site Information - attached
rrr. Cell phone records 479 .. 264-7352 - 2 pages
sss. Cell phone records 479-747-1600 - 3 pages
ttt. Cingular bills for 479-264-7352 for 12/14/05 to 1/13/06
uuu. E-mails trom Victim to Jeremy Martin - attached
vvv. Tenant list - attached
www. Infonnation trom Jones computer - provided by defense coW1Sel
xxx. Consent to Search Fonn signed by defendant - 1-6-05 - attached
yyy. Receipt for Evidence - 1 .. 6-05 - 2 pages - attached
zzz. Crime Scene Photos taken by Coroner - 57 pictures
III.
The State of Arkansas will provide information regarding computers
belonging to defendant as soon as it becomes available as the investigation of these items is ongoing and the State is not currently in possession of the complete results of the investigation of the computer(s).
IV.
The State of Arkansas agrees to treat this response as continuing and will provide any additional information obtained concerning this case to defendant.

Reference: March 1, 2007 - Post #1661

[nobody]

The owner of the cafe where Kevin worked/works was killed tonight in a car wreck on I-40. Paul Eells the voice of the Arkansas Razorbacks was also killed.

http://www.katv.com/news/stories/0806/349055.html

The family of a woman killed when a car driven by University of Arkansas football broadcaster Paul Eells crossed the median of Interstate 40 and hit her car has sued the television station where he worked. The suit filed by the family of Billie Jo Burton of Dover claims that the station was negligent.

The 70-year-old Eells, who worked for K-A-T-V in Little Rock, and the 40-year-old Burton both died in the accident last July 31st near Russellville. The Burton family sued in Pope County Circuit Court but the lawsuit was moved Tuesday to federal court in Little Rock.

In its response today, the television station denied negligence. In its filing, the station acknowledged only that Eells worked for it, that he and Burton died of injuries suffered in a car accident and that Eells played golf and worked for the station on the day he died.

The Burton family lawsuit said Eells was negligent and that K-A-T-V, because Eells worked for the station and was driving a car that the station owned, was also at fault.


Reference: http://www.kfsm.com/Global/story.asp?S=6300962

[nobody]

Lawyers for a man accused of killing an Arkansas Tech student in her Russellville apartment have asked that his first-degree murder trial be moved from Pope County.

Reference: http://www.wmcstations.com/Global/story.asp?S=6523090

[nobody]

The lady who printed "Justice for Nona" bumper stickers (her name is Connie Goff), as well as Nona's mom, will be in front of Hobby Lobby (Russellville) today from 2 pm until.... Bumper stickers are free.

“The minds of the inhabitants of this county are so prejudiced against the Defendant that a fair and impartial trial cannot be held in this county,” defense attorneys Kenneth Johnson of Monticello and Michael S. Robbins of Dover said in a change-of-venue motion filed Friday in Pope County Circuit Court in Russellville.

The attorneys ask that the trial be moved to Franklin County, which along with Pope and Johnson counties makes up the 5 th Judicial District. Special Circuit Judge John Patterson has scheduled a hearing on the motion June 13 in Pope County Circuit Court.

Jones, 21, of Dover, has been scheduled to go to trial beginning July 9. He surrendered March 31, 2006, after being charged in the Dec. 15, 2005, death of Dirksmeyer, 19, who was his girlfriend.

Prosecuting Attorney David Gibbons of Clarksville was out of town on another case Tuesday afternoon and unavailable for comment.

Patterson has signed a gag order in the case, restricting comments to court filings.

The change-of-venue motion noted that it was accompanied by affidavits from 11 Pope County residents, stating they did not believe Jones could get a fair trial in Russellville. Also included are copies of articles from the Russellville newspaper, The Courier, which the motion contended were prejudicial, and photographs of “Justice for Nona” bumper stickers being displayed throughout the county.

According to the motion, Connie Goff, a former Russellville schoolteacher, has “handed out countless bumper stickers with the ‘Justice for Nona’ logo.”

The attorneys said in the motion that they, too, desired justice, but for both the victim and the defendant.

“However, Mrs. Goff has no desire for the Defendant herein to have a fair trial and has in fact attempted to sway or influence the judicial process in this matter,” the motion stated.

When Patterson retired as a circuit judge earlier this year, the motion said, Goff wrote a letter to the editor of The Courier in which she urged people to write the governor “to influence the judicial appointment process so a judge that was ‘tough on crime’ would be appointed on the Jones case.”

The Arkansas Supreme Court appointed Patterson as a special judge in the case.

Goff could not be reached for comment Tuesday afternoon. The motion also said that Dirksmeyer’s family “is at least in part” actively posting comments on a Court TV Web site stating their view that Jones is guilty. It specifically mentioned postings by Sarah Dipert, the daughter-in-law of Dirksmeyer’s stepfather, Duane Dipert of Russellville.

Reached by telephone Tuesday, Duane Dipert said Jones ’ “buddies” also were posting on the Internet.

“It might be good to have a change of venue,” Duane Dipert added, to get the trial away from the defendant’s friends and family. Duane Dipert said he and his wife, Carol Dipert, had been subpoenaed as defense witnesses.

The motion further argued that Goff’s activities “and loose association with the Diperts” and the Court TV Web site had “in effect perverted and tortured the slogan ‘Justice for Nona’ to the point that it is the equivalent of ‘ convict Kevin Jones. ’”

The defense attorneys also faulted the prosecutor’s office for distributing to reporters copies of a detailed affidavit the day Jones surrendered to police. The news media later published quotes from the affidavit.

“The minds of the inhabitants of this county are so prejudiced against the Defendant that a fair and impartial trial cannot be held in this county,” defense attorneys Kenneth Johnson of Monticello and Michael S. Robbins of Dover said in a change-of-venue motion filed Friday in Pope County Circuit Court in Russellville.

The attorneys ask that the trial be moved to Franklin County, which along with Pope and Johnson counties makes up the 5 th Judicial District. Special Circuit Judge John Patterson has scheduled a hearing on the motion June 13 in Pope County Circuit Court.

Jones, 21, of Dover, has been scheduled to go to trial beginning July 9. He surrendered March 31, 2006, after being charged in the Dec. 15, 2005, death of Dirksmeyer, 19, who was his girlfriend.

Prosecuting Attorney David Gibbons of Clarksville was out of town on another case Tuesday afternoon and unavailable for comment.

Patterson has signed a gag order in the case, restricting comments to court filings.

The change-of-venue motion noted that it was accompanied by affidavits from 11 Pope County residents, stating they did not believe Jones could get a fair trial in Russellville. Also included are copies of articles from the Russellville newspaper, The Courier, which the motion contended were prejudicial, and photographs of “Justice for Nona” bumper stickers being displayed throughout the county.

According to the motion, Connie Goff, a former Russellville schoolteacher, has “handed out countless bumper stickers with the ‘Justice for Nona’ logo.”

The attorneys said in the motion that they, too, desired justice, but for both the victim and the defendant.

“However, Mrs. Goff has no desire for the Defendant herein to have a fair trial and has in fact attempted to sway or influence the judicial process in this matter,” the motion stated.

When Patterson retired as a circuit judge earlier this year, the motion said, Goff wrote a letter to the editor of The Courier in which she urged people to write the governor “to influence the judicial appointment process so a judge that was ‘tough on crime’ would be appointed on the Jones case.”

The Arkansas Supreme Court appointed Patterson as a special judge in the case.

Goff could not be reached for comment Tuesday afternoon. The motion also said that Dirksmeyer’s family “is at least in part” actively posting comments on a Court TV Web site stating their view that Jones is guilty. It specifically mentioned postings by Sarah Dipert, the daughter-in-law of Dirksmeyer’s stepfather, Duane Dipert of Russellville.

Reached by telephone Tuesday, Duane Dipert said Jones ’ “buddies” also were posting on the Internet.

“It might be good to have a change of venue,” Duane Dipert added, to get the trial away from the defendant’s friends and family. Duane Dipert said he and his wife, Carol Dipert, had been subpoenaed as defense witnesses.

The motion further argued that Goff’s activities “and loose association with the Diperts” and the Court TV Web site had “in effect perverted and tortured the slogan ‘Justice for Nona’ to the point that it is the equivalent of ‘ convict Kevin Jones. ’”

The defense attorneys also faulted the prosecutor’s office for distributing to reporters copies of a detailed affidavit the day Jones surrendered to police. The news media later published quotes from the affidavit.

Reference: http://www.nwanews.com/adg/News/190316/

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Nona Dirksmeyer Scholarship Fund :
Arkansas Tech Foundation, P.O. Box 8820, ATU Russellville, Ar. 72801 Attn: Nona Scholarship

Reference: Page 53, Post #2089

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The Courier obtained police documents from the Russellville Police Department’s AEGIS computer system detailing the victim’s complaint.
According to Russellville Police Officer Lee Goemmer’s Dec. 31 report, the alleged victim told police she attended a party at Whiteside’s North Greenwich residence Dec. 28, where she consumed “a couple of alcoholic beverages.” She told investigators she woke up the next morning, naked and sore, but couldn’t remember what happened.
In a separate statement given to police, the victim’s cousin recounted a Dec. 31 conversation she had with Chelsea Huckabay, who was at the party, about what allegedly happened.
Huckabay allegedly told the cousin Jeffery Simmons allegedly put half a tab of the drug Ecstasy in a glass of water and gave it to the victim, which she drank, according to the statement.
Later that night, Huckabay said she heard the victim crying, according to the statement. “When she went back to check on her, she observed Jeff Simmons on top of [the victim] having sexual intercourse with her,” according to Goemmer’s report. Simmons told Huckabay “to go away,” according to the cousin’s statement.
According to the police report, Huckabay checked on the victim a second time and saw Whiteside allegedly having sexual contact with the victim while Jones allegedly watched. After Huckabay asked if the men planned on “just taking turns,” she was told to leave again, according to the cousin’s statement.
When Huckabay ap-proached the bedroom a third time, she allegedly found the door locked, and according to the police report, text-messaged Jones, who was in the bedroom with the victim, Whiteside and Simmons.
“[The victim] and Jeff are still doing it hold on,” Jones wrote in response, according to the cousin’s statement.
Before Huckabay left the residence at 1:30 a.m., she saw the victim lying naked on the bed, according to the report.
After the victim and the cousin gave their statements, the clothes the victim wore at the party were placed into evidence. The victim underwent a RAPE examination at St. Mary’s Regional Medical Center.
Goemmer’s report noted Huckabay was not available for questioning at the time the complaint was made, which was at 10:44 p.m. on New Year’s Eve. Huckabay is expected to testify at Jones’ murder trial.
The Russellville Police Department turned the investigation over to the Arkansas State Police by the next day.
“This is still an open investigation, and a couple of the investigators have met with [5th Judicial District Prosecuting Attorney David Gibbons], but no report has been completed,” Lt. Bill Beach, commander of the ASP Criminial Investigation Division, said when reached Wednesday afternoon.
Gibbons said he has not received the complete state police file, but expected to see one soon.
“I’ll decide if charges will be filed after I’ve reviewed it,” he said.
Michael Robbins, Jones’ defense attorney in the Dirksmeyer case, had no comment.
Jones is out on an unsecured bond while he awaits trial. One of the conditions of his bond, according to an order setting his pretrial release conditions, is that he “shall not commit an offense punishable by incarceration.”
If a judge determines there is probable cause a person out on bond has committed another felony, then it is routine practice for the prosecuting attorney to ask the judge to reconsider the original bond.
Editor’s note: What charges, if any, filed in connection with this case, along with any other new information, will be published in later editions of The Courier.

Reference: http://www.couriernews.com/archived_story.php?ID=13515&Search=rape


The Courier published an article about the Arkansas State Police (ASP) investigation into the rape allegation Jan. 11. On Jan. 10, Robbins told a Courier reporter “the girl recanted” and the ASP had “closed” their investigation. He further threatened legal action if The Courier published the story and it was discovered the girl lied.

Reference: http://www.couriernews.com/archived_story.php?ID=14805&Search=dirksmeyer

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"During the hearing, both the defense and prosecution were shocked to realize a month before Jones was charged in Dirksmeyer's death, the Russellville Police Department released to Dirksmeyer's stepfather what the defense called a significant piece of evidence - her cell phone and SIM card, which was found at the crime scene.
Fifth Judicial District Prosecuting Attorney David Gibbons told Patterson the RPD released the cell phone to Duane Dipert on March 1, 2006. Jones was charged March 31.
"Oh, Jesus," Michael Robbins, one of Jones' attorneys, said in response to the discovery. Robbins then looked at Jones, and both men shook their heads and smiled."

Reference: Page 57, Post #2259

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"During the hearing, both the defense and prosecution were shocked to realize a month before Jones was charged in Dirksmeyer's death, the Russellville Police Department released to Dirksmeyer's stepfather what the defense called a significant piece of evidence - her cell phone and SIM card, which was found at the crime scene.
Fifth Judicial District Prosecuting Attorney David Gibbons told Patterson the RPD released the cell phone to Duane Dipert on March 1, 2006. Jones was charged March 31.
"Oh, Jesus," Michael Robbins, one of Jones' attorneys, said in response to the discovery. Robbins then looked at Jones, and both men shook their heads and smiled."

Reference: Page 57, Post #2259

“The cell phone was handled and manipulated by the perpetrator,” defense attorney Kenneth Johnson from Monticello said at the hearing. He told the court the phone was found at the crime scene without the battery, and the battery has not been recovered. He also noted during the Arkansas State Crime Lab’s examination of the SIM card, authorities discovered several text messages to Dirksmeyer sent days before her death, but all of her responses had been deleted.
“There was a message on Dec. 9 [2005] sent by an individual who says, ‘I wonder why you’re leading me on,’” Johnson said. He said the same person sent 5 to 10 messages to Dirksmeyer in the days preceding her death.
“This is a significant piece of evidence,” he said. He said defense experts were hoping to recover the deleted messages Dirksmeyer sent, but when the phone was recovered from Dipert and turned over to the defense, the experts discovered the SIM card contained no information. Gibbons said the State Crime Lab confirmed the expert’s finding.
Johnson said Dipert told police he wanted the phone for his personal use and deleted the messages.

Reference: Page 57, Post #2268

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“The cell phone was handled and manipulated by the perpetrator,” defense attorney Kenneth Johnson from Monticello said at the hearing. He told the court the phone was found at the crime scene without the battery, and the battery has not been recovered. He also noted during the Arkansas State Crime Lab’s examination of the SIM card, authorities discovered several text messages to Dirksmeyer sent days before her death, but all of her responses had been deleted.
“There was a message on Dec. 9 [2005] sent by an individual who says, ‘I wonder why you’re leading me on,’” Johnson said. He said the same person sent 5 to 10 messages to Dirksmeyer in the days preceding her death.
“This is a significant piece of evidence,” he said. He said defense experts were hoping to recover the deleted messages Dirksmeyer sent, but when the phone was recovered from Dipert and turned over to the defense, the experts discovered the SIM card contained no information. Gibbons said the State Crime Lab confirmed the expert’s finding.
Johnson said Dipert told police he wanted the phone for his personal use and deleted the messages.

Reference: Page 57, Post #2268

The defense kept asking Gibbons for a specific date as to when it left police custody and Gibbons kept saying he wasn't sure. The judge then asked the defense when they requested the phone, they gave the date. The judge then turned to Gibbons and asked him to give a date also. Gibbons did then. The judge then repeated "so you allowed the phone to leave custody before you ever filed charges?". Gibbons embarrassedly answered yes.

Reference: Page 57, Post #2283

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After a two-day break, the Nona Dirksmeyer murder trial continued Monday morning. Several prosecution witnesses were called. The prosecution rested their side. Defense attorneys for Jones began to call from their list of witnesses. The last to testify Monday was Kevin's mother, Janice Jones. Jones appeared very nervous and at one time stopped the questioning, asking for water. As she left the courtroom, Jones broke into tears.

First to the stand was Bobby Humphries, a latent fingerprint examiner. He explained to the jurors that he analyses prints to see if they are of value. He stated that he examined the prints that were sent to him from the prosecution and did not find enough points to make an evaluation. He, however, was able to identify that the palm print on the light bulb was that of Kevin Jones. Earlier, former Russellville Police Chief James Bacon testified that the prints on the base of the lamp were identifiable.

Tom Beavel, owner of EDL LLC – forensic analyst and education consulting company, told the jurors that he had studied all the data from the case. He told Gibbons that he had looked at a CD of photographs of the scene and read interviews. He also said that he traveled to Russellville in November of 2006 to look at the evidence. He said that he had been shown photos of the base of the lamp with blood on the top.

Beavel told the jurors his theory of staging a crime scene. (Staging is when someone does something to throw off an investigation.) He told the court that the condom wrapper appeared to be out of place. He noted that usually if a condom is used in a rape case, it or the wrapper would be found closer to the body. He said that the wooden stick, which was normally used in the patio door, was missing from the scene. He said that one theory could be that it was used as a murder weapon; however, in his opinion the wounds that the stick would inflict do not correspond with the wounds found on Dirksmeyer's body.

A pair of blue jeans, which were turned inside out with panties inside, was found in the living room along with a bra. Beavel said this could also be an act of staging the crime scene. Beavel explained that once blood exits the body it begins to clot. He said that in his opinion Jones' palm print was placed on the bulb at the time of Nona's death. He said if it was placed later, it would have been clotted.

Beavel was cross-examined by Defense Attorney Michael Robbins. Robbins said, "You only reviewed what was sent to you by the state." Beavel said, "Yes." Robbins then took the lamp post and bulb out of the box. It was the first time the jury had actually seen the bulb. He then passed it around the jury.

Robbins asked, "Is there a possibility that the lamp was moved?" "Yes," said Beavel. "When you did your investigation, were you informed of other suspects?" "No," said Beavel.

"When Kevin moved the body and placed his hands on the back of her head, fresh blood came out at that time, correct?" asked Robbins.

"It is possible," Beavel replied, "but I would expect to find clotting."

When with court resumed after a short recess, Judge Patterson announced that the prosecution had completed its case.

Reference: http://www.atkinschronicle.com/dt1.htm

[nobody]

Detective Mark Frost was the first witness called by the defense. Robbins showed the jurors pictures that were taken from security cameras at Arvest Bank. The pictures showed Jeremy Huggins and Kevin Jones at an ATM machine between 2:24 and 2:27.

Robbins asked Frost if finger prints or DNA testing was performed on the light switch in the kitchen. Frost replied, "No."

Robbins asked if any analysis was done on the wall where Coke was spilt behind the lamp. Frost answered, "No."

He asked if any analysis was done on a spilled substance that was discovered on a stand by the glass sliding door. Frost said, "No."

Rhonda Waterman, a teacher at Dover Intermediate School, said that she left school early on Dec. 15 for a doctor's appointment. Waterman said she arrived at the gas station around 3:02 p.m. She said that Kevin Jones and Blake Walters both came out to pump her gas. She said that Walters began to pump gas and she said, "No, let Kevin do it," and teased that she taught Kevin in sixth grade and that she wanted to see him work. She went on to say that she spent so much time talking to Kevin that she was late for her appointment. She noted that she did not see anything unusual in Kevin's behavior that day.

Donna Adkins, secretary at Dover Intermediate School, told the jurors about a Christmas party that was planned for the evening of Dec. 15. The teacher party was to be held at Savannah's Restaurant in Dardanelle. "It was a big deal, she said, because we were allowed to bring our husbands this year, and the school was going to pay for the meal."

Janice had come by the office and told Adkins that her husband was out of town and that she would not attend. Adkins suggested that she bring Kevin. She said that she checked with the boss for permission.

Roger Morrison, a forensic scientist from Huntsville, Alabama was called to testify. Morrison specializes in serology – the study of blood.

Defense attorneys asked Morrison, "Isn't it important to preserve the evidence?" "Yes, you are missing a piece to the puzzle if evidence is not secured," he said.

"Isn't it important that the blood on the oven be analyzed?" "Yes, because it possibly could have come from the perpetrator," said Morrison.

"Isn't it important that the blood on the blinds be analyzed?" "Yes" Morrison replied.

Defense attorneys asked Morrison his theory on staging. "There was no blood on the jeans," he said. "Staging takes place after the crime." Morrison said that in his opinion there are two theories.

1. The encounter began with consensual sex.

2. She was threatened with a knife.

Morrison said that he traveled to Russellville to look at the evidence. He discovered a clump of blond hair in the carpet. He said that both ends appeared to be broken. After examining the carpet on his knees with a magnifying glass and flashlight, Morrison found a broken-off fingernail. The nail was tested for DNA and it was found that it belonged to a male other than Kevin Jones.

Defense: "Do you have an opinion as to when the palm print was made on the light bulb? Morrison replied, "At the time the body was found. It was a dark room and the defendant was hysterical," he said. "The bulb was found in close proximity."

Morrison went on to say that blood from a deceased person does not clot in the same time frame as blood from a living person.

Defense: "If a body is turned over and hands are placed by an open wound would there be fresh blood?" Morrison replied, "There will be clotting, but also liquid blood."

Norma Tate Jones, grandmother of the defendant and owner of Jones Service Station, was called to the stand. Mrs. Jones said that had called Kevin the morning of Dec. 15 to tell him that repairmen were coming to the house. She reported that Jones arrived at the station around 11:30 a.m. and took some trash to the dumpster. She said that she spoke to her grandson about what he was going to do the rest of the day. After speaking for 20 to 25 minutes, Kevin told her that he was going to the Bayou Bridge Café to have lunch with Jeremy Huggins. Mrs. Jones said she gave him $5. She said that Kevin returned to the station "between 2:30 and 3 p.m. She said he worked until his mother called him at 4 p.m. to get come home and get dressed for the party. Mrs. Jones said that Kevin did not seem nervous or excited that afternoon.

Paula Brown, former employee of the Bayou Bridge Café said that Jones came into the restaurant around 12:10 p.m. She verified that he had ordered a ham and cheese sandwich and had paid for his food at 12:18 p.m. Defense attorneys showed Brown a rolled up register receipt and asked her to find where Jones had purchased food that day. She pointed it out. She said that BJ Burton, former owner of the restaurant kept a daily log on her computer. She had noted that Kevin, a former employee of the store came in that day for lunch.

She also identified a time card belonging to Jeremy Huggins. The card said that Huggins had worked from 11:10 a.m. to 1:05 p.m. on Dec. 15.

Ed Whitted told the jurors that Kevin pumped gas for him in the early afternoon on Dec. 15. He said that he and Jones had small talk and that he did not notice anything out of the ordinary.

Ken Hottinger said that Jones and Walters pumped gas for him between 2:30 and 3 p.m. Dec. 15, He said that he was "cutting up" with the boys.

James Evans also resides in the Ingelwood Apartments. He said that he and his wife are both bail bondsmen. He reported that he saw Dirksmeyer's car at her apartment at 8:10 a.m. He said around 2:30 p.m. he was talking to his brother outside the apartment complex. He said her car was in front of her apartment and that he also saw a green SUV. He said he had been to her door earlier in the week when he was inquiring about a dead cat he had found. He reported that Nona answered the door. He told the jurors that he did not see any damage to the door frame earlier in the week.

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The final witness for the day was Kevin's mother Janice Jones. Janice Jones appeared to be extremely nervous as she took the stand. She said that her son had come home late Wednesday night. I was asleep on the couch and woke up," she said. "We had a big conversation. She said her son told her that Nona was anxious about her test. Kevin also told his mother that he had not done well in calculus. She told him that he would have to pay for the class if he had to retake it. She said she had spoken to Kevin about his responsibilities over the Christmas break. She wanted him to clean his room, take boxes of old clothing to MARVA and dispose of some trash.

Later that afternoon Janice said she spoke to her son, telling him to come home and get cleaned up for the party. After Kevin arrived home, he made several attempts to contact Nona. She said they left their home on Rushing Road around 6 p.m. Kevin was driving his father's truck. Janice said she was supposed to sing at the party and that she was scheduled to sing first. She told the jurors that they were on a time schedule, but when they arrived in Russellville Kevin took a detour and said that he had to check on Nona.

Jones said that when they arrived at the apartment on Inglewood, Ryan Whiteside was already there. Kevin and Whiteside attempted to card the door to get it to open. They knocked on it loudly and tried to open a window. The two decided to go around to the back of the apartment. Janice Jones said that she was afraid that Nona would come downstairs and be scared when she saw them so she decided to knock on the front door herself. When she did, Whiteside opened the door. She said, I thought it was Nona." Ryan Whitside told Janice that Nona was "right back here." She then saw her son kneeling beside his girlfriend. He was patting her face and talking to her, trying to get her to respond, said Jones. "I asked, have you called 911?" At that point Ryan handed me his cell phone. I tried to tell them where to come, but I had never been to this apartment and I did not know the address. I walked to the front door to try and find an address. I walked back into the kitchen and found a checkbook on the kitchen counter. The address on the check was Skyline Drive (Dirksmeyer's mother's address). At this time I saw the cell phone lying on the kitchen floor. I went through the kitchen to the living room and touched Nona's ankle and wrist. At this point Kevin was so close to her that blood was getting on him. Defense: "Did you see a lampshade by her feet?" "No, it wasn't there, she said. "We were frantically trying to discover where we were. I realized that I was hysterical and could not give reliable information. I kept pacing back and forth down the hallway waiting for them to come."

"When the authorities arrived I was hustled outside," she said.

Defense: "When did you discover that Kevin had dusted and cleaned his room?"

Janice Jones: "When we got home late that night I saw that he had done his chores. His room was dusted and the boxes were gone."

Defense: "When was the last time you saw Nona?"

Janice Jones: "She and I shared a love for music." The Sunday before her death I attended the Festival of Carols at ATU. "I looked up and Nona was standing right in front of me," said Jones tearfully.

At this point in the testimony Kevin Jones began to cry.

Attorney Jeff Phillips questioned Janie Jones. "Did you tell Kevin and Ryan not to touch anything?" "Yes, I was horrified and shocked." Jones said that when she reached down and touched Nona's ankles and wrist that she had a feeling inside her that Nona was dead.

Tuesday morning a forensic scientist for the defense showed the jury two videos depicting their experiments with drying time of blood on a light bulb. In the first they found that blood directly from the arm of a volunteer was completely dry (a tissue they used to blot the sample on the bulb came away dry) after 30 minutes. The second showed blood at room temperature applied to the bulb. The tissue came away with wet blood on it at 40 minutes.

Other defense witnesses were Chuck Bishop of Dover, who said Jones was at the gas station during the afternoon, and Gary Burton of Dover, who said Jones spoke with him on the phone during the afternoon

Reference: http://www.atkinschronicle.com/dt1.htm

[nobody]

The Nona Dirksmeyer murder trial is being held on the second floor of the Franklin County Courthouse in Ozark. The courthouse was constructed in 1904. The interior and courtroom itself reminds one of the olden days. The jury booth consists of twelve wooden chairs. The courtroom is large with three sections of wooden pews extending back seven rows each.

The defendant, Kevin Jones, is dressed each day in a business suit and tie. He sits among his three defense attorneys. During breaks, he walks over to the side of the defense area and speaks with his father, aunt, brother or sister-in law. They are seated behind him in the first row of the courtroom. During the testimonies, Jones never cracks a smile. Monday, as his mother was testifying about the last time she saw Nona, Kevin wiped tears from his face. He seems to be very aware of the seriousness of the situation. His grandmother, Maureen Steuben, has been present several days. Kevin's mother, Janice Jones, and grandmother, Norma Tate Jones, have not been able to be present during the testimony because they have both been subpoenaed as witnesses. Janice Jones travels to Ozark each day and stays close by the courthouse. Kevin's pastor, Donna Alberts of Dover United Methodist Church, has been in the courtroom several days, providing support for Kevin and his family.

Carol Dipert, mother of Nona Dirksmeyer, sits behind the prosecution. She is surrounded by family members who have flown in from different parts of the country to show their support. Her husband, Dewayne Dipert, is a witness and is not present in the courtroom. When graphic pictures of Nona are shown, Carol turns her head or leaves the courtroom. Her pastor has been in attendance each day. At one point during the week, when the 911 tape was being played, one of Carol's friends came outside the courtroom to retrieve a box of tissues.

Several local politicians have been seen coming in and out of the courtroom, as well as curiosity seekers. Friends of Hiram and Janice Jones, including teachers from the Dover School District, have been in attendance this week.

Members of the press are grouped together in one section of the courthouse. Television reporters and their cameramen/women rush out several times during the day to make their deadlines. Television cameras are not allowed in the courtroom, but can be found in the hallways, at the top of the stairs and all around the outside of the building. Cameramen arrive early each day and photograph Kevin, as he arrives, and witnesses who are scheduled to appear. A radio reporter rushes into the courthouse each morning after working from 5:30-9 a.m. at River Valley Radio. He takes notes and calls in his story during the noon lunch break. Those attending the trial seem to have become accustomed to the cameras and now proceed with their daily business.

The high-ceilinged courtroom is kept very cool, so cool that several of the jurors are wearing sweaters in sharp contrast to the 94-degree weather outside the courthouse. Those attending the trial bring in cushions and pillows to prepare themselves for another day of sitting on hard wooden pews. In fact, several of the jurors also arrive with extra cushions to go in their padded wood chairs. The four men and eight women jury members each are provided notepads and pencils. Most of the jurors take notes throughout each day. They seem to be listening intently to the information they are given. The judge repeatedly informs them to avoid reading newspapers, watching television or discussing the case with anyone. They exit together at noontime for their lunch. They are instructed not to discuss the case among themselves. The jurors were allowed to go home for the weekend.

The Jones family was back in Dover this weekend and attended church services Sunday.

Reference: http://www.atkinschronicle.com/dt2.htm

[nobody]

The witness list

The prosecution told potential jurors Monday they planned to call the following witnesses during the trial:
• Jordan Harris — Arkansas Tech University student.
• Shauna Kitchens
• Denise Riley — Manager at Nona DIRKSMEYER’s apartment complex.
• Jeff Taylor — Data analyst, Arkansas State Crime Lab.
• Chantelle Taylor — Forensic scientist.
• Eddie Volman — Serologist, Arkansas State Crime Lab.
• Roy Butler — Refrigeration specialist.
• Terry Rolfe — DNA analyst, Arkansas State Crime Lab.
• James Bacon — Former Russellville Police Chief.
• Bobby Humphries — Latent print examiner, Arkansas State Crime Lab.
• Tom Bevel — Blood spatter expert.
• Danny Vallee — Arkansas Tech University student.
• Bobby Chandler — Arkansas Tech University student.
• Sara Bailey — Arkansas Tech University student.
• Holly Gale — Arkansas Tech University music professor.
• James “Trey” York — Arkansas Tech University student.
• Cole Hudson — Arkansas Tech University student.
• Mandy Garrett — Prior tenant in DIRKSMEYER’s apartment.
• Stacy Gray — Pope County 911 operator.
• Janice Jones — Kevin Jones’ mother.
• Laurie Brown — Pope County EMS.
• Jason Kennedy — Pope County EMS.
• Tony Sigle — Russellville Fire Department.
• Chris Chappell — Russellville Fire Department.
• Tracy Edgin — Russellville Police Department.
• David Virden — Russellville Police Department.
• Amy Pitts — Radiology student.
• Lance McVicker — Audio expert.
• John Waid — Former Russellville Police officer.
• Al Fraizer — Contractor.
• Bob Rose — Employee of Fraizer.
• Andy Shepherd — AT&T/Cingular Wireless engineer.
• Blake Walters — Former employee at the Jones family gas station.
• Ron Williams — University of Arkansas professor.
• Brandon Curry — University of Arkansas student.
• Jeremy Huggins — Arkansas Tech University student.
• Bill Glover — Arkansas State Police.
• Mark Frost — Russellville Police Department.
• Leonard Krout — Pope County Coroner.
• Duane Dipert — DIRKSMEYER’s stepfather.
• A 13-year-old girl who participated in the Big Brothers/Big Sisters program with DIRKSMEYER.

In addition to some of the witnesses called by the prosecution, defense attorneys plan to call the following witnesses:
• John Kilbourn — Forensic scientist.
• Roger Morrison — Forensic scientist.
• Kevin Noppinger — DNA expert.
• Adrielle Churchill — Friend of both Jones and DIRKSMEYER, Arkansas Tech University student.
• Chelsea Huckabay — Friend of both Jones and DIRKSMEYER.
• Scott Pierson
• Norma Tate Jones — Jones’ grandmother.
• Brandy Bean — DIRKSMEYER’s neighbor.
• Mitchell Garrett — Former tenant in DIRKSMEYER’s apartment.
• Paula Brown — Employee of Bayou Bridge Cafe.
• Brian Featherston — University of Arkansas student.
• Brent Hunnicutt — Jewelry store employee.
• Kent Hottinger — Will testify to timeline.
• Rhonda Waterman — Dover school teacher.
• Donna Atkins — Dover school teacher.
• Evan Pescotta — DIRKSMEYER’s neighbor.
• Jeremy Martin — Acquaintance of DIRKSMEYER’s.
• Jim Lordison — Criminal pathologist.
• Bruce Smith — Computer and cell phone analyst.
• Chuck Bishop
• Gary Burton — Husband of B.J. Burton, deceased former owner of Bayou Bridge Cafe.
• Leslie Miller — Arkansas Tech University student.
• Gene Edwards — Will testify to timeline.
• Amanda Wilcox — Will testify to timeline.

Reference: http://www.couriernews.com/archived_story.php?ID=15313&Search=dirksmeyer

[christina]

Facts posting is a great idea.
So you consider what the reporters said as fact?

[nobody]

Facts posting is a great idea.
So you consider what the reporters said as fact?

It is only fact that they reported it - it was the best I could do (with reasonable doubts).

Ok - hope that answers your question. I prefer to keep chit-chat off of this thread - so email questions.

[nobody]

(Channel Seven) "Did Nona ever say, ‘Kevin has a bad temper?’ "

(Carol Dipert, victim’s mother) "Never. That was completely unlike the Kevin I knew."

Reference: http://www.katv.com/news/stories/0306/315437.html

[nobody]

Bristow said while blood on and pooled under DIRKSMEYER’s body was still “wet” when police arrived, blood elsewhere at the scene — on Venetian blinds, a countertop, the stove, the light switch and on a candle holder — was dry.

Reference: http://www.couriernews.com/archived_story.php?ID=15073&Search=dirksmeyer

[nobody]

Circuit Judge John S. Patterson granted defense lawyers' request for a gag order. Patterson's order this week said media coverage could make it difficult to seat a fair and impartial jury in the trial of 20-year-old Kevin Jones of Dover, Dirksmeyer's boyfriend.

Patterson's order limits discussion of the case to court filings and related courtroom activity.

Reference: http://www.katv.com/news/stories/0706/342993.html

Citing an "extraordinary amount" of media coverage, Jones' attorneys requested a gag order be placed in effect.
The agreed order signed in July forbid attorneys, attorney employees, agents, consultants, witnesses, court personnel and law enforcement officers from making any public comment regarding the case against Jones.
The gag order will be lifted when a Pope County jury returns a verdict deciding Jones' guilt or innocence, the order state5. Any limited comments made prior to the trial must be court approved.

Reference: http://www.couriernews.com/archived_story.php?ID=13490&Search=Kevin%20Jones

[nobody]

http://www.wunderground.com/history/airport/KRUE/2005/12/15/DailyHistory.html?req_city=NA&req_state=NA&req_statename=NA

[nobody]

Although she competed against Nona Dirksmeyer in several pageants, Brandy O’Neal, the reigning Miss Arkansas Tech, said she and the 19-year-old Dover native became friends very quickly.

“Nona and I met at the Miss Petit Jean Valley pageant, where we were both competing, a couple of years ago,” O’Neal said. “I remember the first time I heard her sing onstage. I just stopped where I was and got chills all over. She was amazing.”

Dirksmeyer, a sophomore music major at Arkansas Tech University, was found dead Thursday evening at her residence on Inglewood Avenue and 12th Street in Russellville. Her death is under investigation by the Russellville Police Department.
O’Neal said there is much to remember about Dirksmeyer’s life.

“Nona was such a wonderful and kind person,” O’Neal said. “It didn’t matter where she was or what she was doing, she always tried to make you feel comfortable.

“She knew that singing onstage made me nervous, so she would always try to keep my mind off of it until I went onstage. Even though she might be singing that night, too, she just wanted me to feel comfortable.”

Although Dirksmeyer was a quiet person, O’Neal said she also had a good sense of humor.

“She was quiet, but very funny,” O’Neal said. “Sometimes at Miss Arkansas she would be sitting at the table eating with everyone, and someone would be telling a story. You wouldn’t even think that Nona was listening, and then she would just bust out and say the funniest thing. We were all like, ‘Where did that come from?’”

O’Neal said Dirksmeyer was a very strong person who really believed in her critical issue — child abuse prevention and awareness.

Dirksmeyer competed in the Miss Arkansas 2005 pageant as the reigning Miss Petit Jean Valley, a title that was officially bestowed on her by O’Neal, the 2004 Miss Petit Jean Valley. The two friends were roommates in Hot Springs during this year’s Miss Arkansas competition.

“We had a great relationship,” O’Neal said. “We roomed together at Miss Arkansas this past summer, and we had the best time. I remember my dad coming in and teasing us about our messy room, and we just laughed.

“We would stay up late just chit-chatting about the pageant and school. Nona, Leslie Miller [Miss Johnson County] and I rode rides together at Magic Springs, and it was the best time that I had at Miss Arkansas. It was just us girls hanging out and having fun.”

The friendship that formed between O’Neal and Dirksmeyer continued even after the pageant.

“After Miss Arkansas, we ran into each other at the fitness center and talked every time we saw each other,” O’Neal said. “I hadn’t talked to her in about a month when I heard the news.

“I just wish that I could pick up the phone and call her to tell her how I felt about her. I don’t think she knew how much we all cared for her and how much she meant to us.

“When you compete in pageants with girls, you become close to them and actually become friends. There were several of us from the River Valley who were close friends, and we all went to Miss Arkansas last year. Even though you are competing against each other, it doesn’t feel like it because you are encouraging and supporting each other.

“She went out right before me onstage at Miss Arkansas, and I was amazed with her each time she stepped out onstage. She had worked so hard to get there. I was, and still am, very proud of her.”

According to O’Neal, Dirksmeyer’s best assets were her dedication and her sweet spirit.

“Nona was so inspiring to everyone who met her,” O’Neal said. “She was one of the hardest workers I’ve ever met. When I first met her, she was just beginning to compete in Miss Arkansas preliminaries. She worked harder than anyone I’ve ever met.

“She worked out hard, volunteered for her platform, worked on her talent and just blossomed before everyone’s eyes. You could tell that she really wanted to compete at Miss Arkansas because of how hard she worked. I am so glad that she earned the chance to do that, and I am really glad that I was there to experience that with her.”
O’Neal said she hopes Dirksmeyer is remembered for her caring personality and her remarkable talents.

“I hope that people remember her beautiful voice,” O’Neal said. “She was such a talented performer and had so much more to give. She was such a kind person and worked so hard to help abused children, which was her Miss Arkansas platform.

“I will never forget her smile. She made more of a difference in 19 years than most people make in a lifetime.”

Reference: http://rjames.com/forums/showthread.php?t=1145

[nobody]

They say the blond Arkansas Tech University student chose child abuse as her platform in the 2005 Miss Arkansas pageant for a painful, personal reason : Nona confided to a girlfriend years earlier that she had been sexually abused as a child.

Nona later told her mother, Carol Dipert, that the assaults by an adult male began in 1991, when she was 5, and continued for about five years. Dipert also found out that her daughter, then about 14, was a self-mutilator — cutting her abdomen, arms, legs, and, ultimately, a wrist.

Dipert first learned of both the abuse revelations and the self-cutting from Margie Huckabay, a second-grade teacher in Russellville and the mother of Nona’s best friend, Chelsea.

“I had never had any suspicions whatsoever,” Dipert, a nurse, said during a recent interview in her Russellville home.

But she was immediately convinced of the truth of what Huckabay and Nona told her.

“I knew something was wrong,” she said, noting that her daughter had been showing signs of social anxiety.

“She’d think people were staring at her, mostly laughing at her,” Dipert said.

She had taken her daughter to the family doctor, but Dipert says he, too, didn’t understand the severity of the problem. After the cuttings and reports of past abuse came to light, Dipert saw that Nona got counseling and psychiatric help. She didn’t go to the police ; the man Nona accused was dead.

Nona had flashbacks and nightmares relating to the abuse when she was a sophomore in high school, Dipert said. She was still seeing a psychiatrist when she died.

Reference: http://rjames.com/forums/showthread.php?t=1145

[nobody]

SECRETS Nona was in high school when Margie Huckabay heard about the self-cutting from Chelsea, who said she had been keeping it secret, at Nona’s request, for a couple of years. “I stepped in because I was afraid she would hurt herself,” Margie Huckabay said in a telephone interview.

“I picked her [Nona ] up one day, and she had all these Band-Aids [on her legs ],” Huckabay recalled. “I asked her what was going on, and she told me.”

But Nona first claimed the injuries were cat scratches. Huckabay said she told Nona that she should tell her mother and get counseling.

Dipert, a widow then, said she had been working full time at nights. Nona had cut herself with razor blades on her stomach “where I couldn’t see it,” she said. Even after Dipert knew the truth, Nona tried to hide the cuts, concealing them sometimes with long sleeves. “I think she wanted help.... but she didn’t know how to tell me,” said Dipert, who has since remarried. When Nona was about 16, Dipert said, she cut a wrist and required stitches. “I think it really scared her when she saw all the blood,” and she didn’t cut herself again, Dipert said. Later, there were times her daughter would tell her, “‘ I feel like cutting myself, but I won’t. ’ When she felt bad, she’d always call me,” her mother said.

‘THAT’S NOT ME’ While the wrist-cutting could be seen as a suicide attempt, Dipert said a psychiatrist explained that it also could have been Nona’s way of trying to separate her body from herself — a “that’s-not-me” attitude.

Dr. James Harris, professor of child and adolescent psychiatry at Johns Hopkins Hospital in Baltimore, called self-cutting “an act of desperation,” but not one aimed at suicide.

“The cutting is delicate in a sense,” Harris explained. “They tend not to be deep cuts. If something happens that is worse, it tends to be much more by accident.”

Self-cutting “may be a way to express how bad they [adolescents ] feel about themselves and their body,” said Dr. Larry K. Brown, director of research at Bradley / Hasbro Children’s Research Center in Providence, R. I.

Brown, who also is director of child and adolescent psychiatry research at Rhode Island Hospital, said some adolescents who were sexually abused learned “to numb out, as it were” as a way to dissociate from the experience.

“Later in life, when they get in situations where they’re... anxious, they may again dissociate, numb out,” he said. “Ironically, the sensation of pain brings them out” of the numbness. Self-cutting among adolescents is probably on the increase, but precise data are hard to come by, according to Brown. “It may be as many as 15 percent of kids have done some type of self-inflicted cutting,” he said.

DOING BETTER At times, Nona’s injuries were obvious to those around her. Arkansas Tech University flute teacher Karen Futterer of Dover, who gave Nona private music lessons until her freshman year in college, remembers her as a “kind-hearted and thoughtful” but “pretty private” person. Still, Futterer said, she was aware of the self-cutting and sex abuse. “I knew, in high school, she had been somewhat destructive,” Futterer said.

One or two other students had come to Futterer concerned about Nona, and Futterer said she saw some of the cuts on the teenager’s arms. “If she’d come into some lessons and say she was having a bad week, bad time, we might just sit and talk,” Futterer said.

By all accounts, Nona was a compassionate person who was doing better and seemed happier near the end of her life.

“She was a very caring, empathetic kind of person who didn’t want to see anything go hungry,” her mother said.

She fed stray cats outside her apartment.

She was a Big Sister to a young girl she had planned to have dinner with on the day she died. “She said this little girl didn’t have just a great life,” Huckabay said.

Futterer believes Nona was finally past the worst of her troubles. “At Tech, she had seemed to get a real handle on her life. She was very happy and very sure of where she was going.” “ This was probably the best she had ever done, ” Huckabay agreed. “I just saw a huge change in Nona’s self-esteem after she” got into the pageants.

THE MESSAGE Nona and Adrielle Churchill of Dover, who was first runnerup in the 2005 Miss Arkansas pageant, had been friends since the eighth or ninth grade. “I knew a lot about her childhood and her past,” said Churchill, who helped get Nona interested in pageants. Nona was “very tender... very emotional” in talking about her child-abuse platform, Churchill said.

The beauty pageants helped, Churchill believes. Nona had entered at least a dozen.

“She was at a turning point... where anything that may have happened in her life, she had come to the point where she recognized she needed to talk about it. I feel like a lot of it was past her.”

Said Dipert, “I look back and I see what she accomplished, and I’m amazed.”

Now, the mother hopes to carry on her daughter’s message about child abuse. “I think if people will start talking about this more, maybe things like this won’t happen so much.... People keep things like this to themselves... because it’s embarrassing.... My point is, it can happen to anybody, any level of society.”

After Nona’s death, her mother found some quotations Nona had jotted down. Among them : “Know only joy then you will never know sadness,” and “Life is mystery. Be a detective.”

Reference: http://rjames.com/forums/showthread.php?t=1145

[nobody]

Chief Bacon stated this morning that the Blood on the lamp appeared the same on the 19/20 th of Dec, when he began to process it, as it did when he first saw it on the 15th the day of the Murder.

Reference: Page 82, Post #3247

[nobody]

On a more serious note, I looked at the two mothers, Jones and Dipert sitting on opposite sides of the courtroom. They look similar, close in age, body size, even hairstyle(although one is light haired and one dark haired) Both have strained, lost looks on their faces. Dipert sits beside who I assume is a member of the prosecutor's office. Jones is next to her husband. To think that 3 short years ago they thought they might be in laws, now they sit as opponents.

Reference: Page 82, Post #3265

[nobody]

With regard to the police searching around Nona's apartment for the stick, cellphone battery, etc. On the night of Dec. 15th, I and my sister-in-law were out driving my kiddos around looking at Christmas lights. We drove past Nona's apartment building and saw the investigation. At that point we had no idea what was going on. As for the search, they had huge stadium floodlights mounted on poles out there that lit up the whole place like daylight. I realize that lights that harsh would cause a lot of shadows but they weren't just out there poking around with flashlights.

Reference: Page 88, Post #3486

[nobody]

Glenn Owen, the profiler interviewed for this article, is not working in conjuntion with law enforcement authorities investigating the Dirksmeyer case, the prosecution or defense. The information contained within these stories are strictly his opinion and not that of The Courier.
By Scarlet Sims
Reporter
A picture is worth a thousand words.
Glenn Owen, a former 20-year veteran Texas peace officer and former 10-year investigator with the Department of Army, was Internet surfing when he happened to stumble across a photo of 19-year-old Nona Dirksmeyer.
"I thought ... that's not too far from here," he said.
Dirksmeyer's body was found in her Inglewood apartment in Russellville last December, an apparent homicide victim. In March, her long-time boyfriend, Kevin Jones, was arrested and charged with first degree murder in the case.
The 6-foot-1-inch, 52-year-old investigator chain-smokes, wears camouflage pants on his days off and is the sort of man who knows that one-third of sex crimes won't have seminal fluid at the scene. He swears and cusses, but he also has the fire to catch bad guys.
Owen has spent a lot of time profiling criminals as a hobby and working murder cases, but he said he does not have the schooling from Federal Bureau of Investigation (FBI) to be able to call himself a true profiler. But he said he has taken about 1,000 hours of criminal investigation classes.
"There are about 20,000 homicides every year in this country and thousands are not solved," Owen said, noting he thought murders of women and children were under-reported.
According to the Uniform Crime Reporting Program and information from the FBI, the crime rate rose nationwide for the first time in several years. Last year, nearly 17,000 people were murdered, compared to about 16,137 in 2004.
In the Houston area alone, about 200 girls have been murdered, about 60 of which can't be identified, Owen said.
Owen has an itch to solve cases and frequently looks into dark places to do it.
"It's a morbid personality of mine," he said. "You might call me an advocate of women who are raped or butchered."
Officially, Owen said he has worked about 30 murder cases, but unofficially, he has collaborated and helped profile criminals on more than 40 cases.
Owen said his 20-plus years working crimes gives him a leg up and makes his assessments extremely accurate.
"I know these scumbags, I know how they think," he said. "I've been around them too long."
In all the cases he's practiced profiling, only one fooled him. He thought the "Beltway Sniper" who attacked random people in the Washington, D.C. area in 2002 would be a white male.
In February, and then later via e-mail, Owen consented to both profiling Nona's murderer and advising The Courier about the inner workings of investigations.
"I can tell you horror stories about how police have screwed up murder cases," Owen said.
He said if police didn't work together at every level of the investigation, the prosecution may run into trouble proving the case. Police tend to be very territorial and withhold information from each other, he said.
He pointed out this was the first murder case Det. Mark FROST, the lead investigator of the case with the Russellville Police Department, had worked.
Police departments needed to talk to experts and to veteran detectives in different towns and different states, Owen said.
"You need people who know what the ... they're doing," he said.
FROST said in an interview earlier this year that no consultant was hired, but the police did work with other law enforcement agencies, including the FBI and the Arkansas State Police.
"A good investigation is only as good as their (police's) sources are," he said, noting good, church-going folks were unlikely to know what was going on in the streets. "You've got to rub elbows with scumbags. You've got to put a lot of effort into a crime case."
Investigators have to be careful because even strong evidence might not result in a conviction. Owen said he had seen cases with only circumstantial evidence get convictions while cases with strong evidence got acquittals. Any mistake could jeopardize the case, he said.
He said strong evidence would be needed to convict Jones because the crime scene was compromised when he, a friend and his mother discovered the body.
Because Jones was Nona's boyfriend of about five years and had been visiting her, his fingerprints could be expected to be in her apartment, Owen said.
He said the prosecutor would need fingerprints, scratches on a suspect, DNA under the victim's fingernails and/or blood splattered, not smeared, clothing.
"He needs that kind of evidence," Owens said.
He said it was a smart move for the defendant and his family not to speak. It gave the police less to work with and nothing to disprove.
Because Jones submitted to a polygraph examination and police interviews, Owen said it looked like he and his family were cooperating with the investigation.
In the meantime, Owen wants to keep tabs on Nona's case, hoping to see it solved.
"There's evil out here; I've seen it first hand," he said. "I hate a scumbag, I hate an evil person. I want to get them off the street where they can't butcher. It's a fire in my belly."

Reference: http://www.couriernews.com/archived_story.php?ID=11884&Search=Frost

[nobody]

"Affiant’s investigation revealed that normally the door was secured by placing a stick placed in the bottom of the door frame to prevent the sliding half of the door from sliding. However, on the afternoon of the 1 5th of December, there was no stick in the door frame and after an extensive search of the apartment and surrounding area, no stick was ever found. In his interview on the 15th of December, Jones stated that he was able to open the sliding door by using extra force to overcome initial resistance from the door. The action described by Jones during the interview was consistent with the action affiant was required to use to open the sliding door when the door was locked from inside. From Jones’ description and the experiments done by affiant with the sliding door, affiant believes that at the time Nona’s body was discovered, the door was locked from the inside using the locking mechanism but not braced by an object at the bottom of the door"

Reference: Page 90, Post #3593

[nobody]

excerpt "In a sidebar conference at Special Judge John Patterson's bench, attorneys for Kevin Jones asked the press be barred from the proceedings, citing "sensitive" issues the attorneys did not want to be made public, Patterson later confirmed to a reporter."

"The exchange was conducted out of the audience's earshot, although Patterson's response could be heard.
"I think I'm legally bound to keep [the proceedings] open," he said."

Reference: Page 95, Post #3761

[nobody]

Prospective jurors in the Nona Dirksmeyer murder trial answered questions Monday ranging from whether they watch the CSI television series to what they know about the Duke University lacrosse team rape case.

Attorneys chose the 12-person jury and selected two alternates on opening day of the trial of Kevin Jones, 21, of Dover, who is charged with firstdegree murder in Dirksmeyer’s 2005 slaying in Russellville.

Opening statements and testimony are set for 9 a. m. today in the trial scheduled to last two weeks. It was moved to Franklin County Circuit Court from Pope County because of pretrial publicity.

One of Jones’ attorneys, Kenneth Johnson of Monticello, asked prospective jurors whether they thought the prosecuting attorney should have analyzed DNA found near Dirksmeyer’s body to determine who the donor was.

Court papers show Jones ’ attorneys intend to call a defense expert who will testify that DNA on a condom wrapper found on a kitchen counter in Dirksmeyer’s apartment con- tained male DNA that was not that of Jones.

Johnson also asked the jury panel about bloody fingerprints left on a floor lamp believed to be the murder weapon. If the fingerprints weren’t left by Jones, as the state alleges, should the prosecutor have taken steps to find who left them, Johnson asked.

Taking his turn to question the panel, Prosecuting Attorney David Gibbons asked which jurors watch CSI, which stands for crime scene investigation, or one of the spin-offs of the popular high-tech forensic crimesolving program. Several said they are regular viewers.

Gibbons and Deputy Prosecuting Attorney Jeff Phillips said many of the techniques used on the show were fake and others were not practical for use in everyday crime detection.

“You’re not going to hold us to the same standards as CSI, are you ?” Gibbons asked jurors.

Johnson also asked jurors what they know about the Duke lacrosse team rape case, in which prosecutor Mike Nifong withheld from defense attorneys DNA evidence that did not connect their clients to the rape.

After jurors were dismissed for the day, the attorneys took up a motion by Gibbons to limit the defense in suggesting alternative murder suspects unless they have evidence of their guilt.

He told Special Circuit Judge John Patterson the defense has the names of three or four men Dirksmeyer was having problems with at the time of her death and may try to bring them up to cast doubt on Jones’ involvement.

Patterson said he will rule when the evidence comes up during the trial.

Reference: http://www.nwanews.com/adg/News/195291/

[nobody]

Court wrapped at 430. It was a little more than half full of people. Surprisingly. Regular pic of Nona, pic of condom wrapper, aerial pic of russellville, pics of inglewood apts from diff angles, pic of nona's car, crime scene pics. The lamp was not very far from Nona's body, but based on Ryan's account, the body was face down when they opened the door and KJ flipped her over to her back. Lividity (blood pooling) and rigor mortis show this. Also, the first EMT on the scene had to make KJ get off of Nona, as he was "straddling her" and tried to pick her up at her shoulders.

Reference: Page 97, Post #3858

[christina]

"How accurate is a polygraph?
While the polygraph technique is highly accurate, it is not infallible and errors can occur. According to the American Polygraph Association over 250 studies have been conducted on the accuracy of polygraph testing during the past 25 years. Recent research reveals that the accuracy of the new computerized polygraph stytem is close to 100%.
Most errors occur with inexperienced polygraph examiners. Just as one doctor can look at an x-ray, and not see a problem, while the next, more experienced doctor can, so it goes with polygraph charts." from..

Reference: http://www.truthorlie.com/accurate.html

Do we know who Jones examiner was, and what his experience level was? Do we know any factual circumstances surrounding the polygraph?

[lorettalockhorn]

Do we know who Jones examiner was, and what his experience level was? Do we know any factual circumstances surrounding the polygraph?

Rumor on the CL board was that KJ wasn't the one who failed the polygraph; are you saying that the examiner who administered the test to him could have misinterpreted the results? If someone else really is the one who failed; you have to wonder the same thing.

[nobody]

please, discuss the events in the larger thread. If you find an event that was reported in the news, testified in court, testified by a professional, credible in any way - post it here.

You can always reference what is posted here - by using the page and post #'s.

I have noticed that a lot of our reference material (from the news websites) is disappearing - as expected. So, my objective is to preserve what we can, in this thread. As you can see - I am up to page 97 - reading through the larger thread.
:)

[lorettalockhorn]

please, discuss the events in the larger thread. If you find an event that was reported in the news, testified in court, testified by a professional, credible in any way - post it here.

You can always reference what is posted here - by using the page and post #'s.

I have noticed that a lot of our reference material (from the news websites) is disappearing - as expected. So, my objective is to preserve what we can, in this thread. As you can see - I am up to page 97 - reading through the larger thread.
:)

Sorry, nobody. But that someone was reported as having failed the LD test is a matter of fact. Just who that person is, is the question.

[nobody]

"Gibbons also called into question Jones' recollection of the crime scene, the detail of which he termed "remarkable," in interviews with the police in the days following the discovery of Dirksmeyer's body, noting Jones "told law enforcement that the bady was face up when he got there," despite physical evidence suggesting that the body was "left lying facedown for several hours after the time of death.
Also, shedding new light on the caise of death itself, Gibbons suggested in opening statements that Dirksmeyer was the victim of a "three -stage" attack that occurred "very, very fast."
In the initial stage, according to Gibbons, Dirksmeyer was punched and choked, resulting in a broken hyolic bone, which is located in the neck; a hemorrhage in the right eye, which may have been the result of choking; a bruise to the temple, and injury to the upper and lower mouth.
"Nona wouldn've been more or less stunned" at this point, Gibbons said.
During the second stage of the scenario described by Gibbons, Dirksmeyer was attacked with a knife, resulting in several stab wounds to the neck and right shoulder and several "slice-type" marks to the throat. He described her posture during this stage as being of a defensive nature, with wounds suggesting she may have had her shoulders hunched in an attempt to protect her neck and throat.
During the final, lethal stage of the attack, Dirksmeyer was bludgeoned in the back of the skull with the base of a metal floor lamp used "like a hammer," according to Gibbons.
He told the jury the medical examiner believed although this was a lethal blow, Dirksmeyer may have been alive, unconscious, for up to 30 minutes....
Key to Gibbons' opening statement was a transcript he read aloud to the jury of an enhanced portion of a taped interview with Jones at the Russellville Police Department in the aftermath of the mujrder. During the segment, Jones was alone in the interview room, and can allegedly be heard muttering the following:
"Keep her with the angels. She was a good soul, Lord. She didn't mean any bad. Screw the f*ckers, for Christ's sake. She meant no harm to anyone, bless her heart. Please keep her safe, Lord. Please Lord, please, for Christ's sake. I am so sorry."

Reference: Page 99, Post #3951

[nobody]

Nona Dirksmeyer had romantic relationships with at least two men in 2005, though her longtime boyfriend Kevin Jones thought his relationship with her was exclusive, attorneys told a Franklin County Circuit Court jury Tuesday.

Trey York of Ashdown and Jordan Harris of Springdale testified Tuesday in Jones’ murder trial that they had romantic relationships with 19-year-old Dirksmeyer while Jones was attending the University of Arkansas at Fayetteville.

Jones, 21, is charged with first-degree murder in the Dec. 15, 2005, slaying of Dirksmeyer in her Russellville apartment.

Harris said he and Dirksmeyer were vocal music education majors at Arkansas Tech University in Russellville and that they developed a relationship toward the end of the spring 2005 semester.

He said about midnight on July 1 or 2, 2005, Dirksmeyer called him at his home in Springdale and invited him to spend the night with her. He said he drove to Russellville after the phone call and the two had sex shortly after he arrived.

Harris said they stayed in contact with each other during the summer but the relationship ended when Dirksmeyer told him in early August she was seeing Jones again.

York, 20, said he developed a friendship with Dirksmeyer when they were in the same study group in a biology class. He said they went out on a date in late October or early November 2005.

The next day, Dirksmeyer invited him to spend the night with her, York said. They did not have sex during that visit, he said. He said for the next few weeks, she would visit him in his dormitory room about once a week but that there was no sexual contact.

Dirksmeyer stopped coming over around Thanksgiving because he felt she was using him to get help in her biology studies, he said.

Earlier Tuesday, Prosecuting Attorney David Gibbons told jurors in his opening statement these relationships may have prompted Jones to kill Dirksmeyer. State Medical Examiner Dr. Charles Kokes will testify that Dirksmeyer was killed in three stages, Gibbons told jurors. The first was choking and beating that broke a bone in her throat and caused enough pressure to cause bleeding in one eye.

The second stage was Dirksmeyer being stabbed and slashed with a knife on her throat, face and shoulders.

The third stage was being struck twice with the base of a floor lamp that fractured Dirksmeyer’s skull.

Gibbons said a used condom wrapper found on Dirksmeyer’s kitchen counter either was planted by Jones to make investigators believe Dirksmeyer was killed as part of a rape or that it sent him into a rage that ended with Dirksmeyer’s death.

The evidence will show Dirksmeyer was killed in a fit of rage, Gibbons said. That a floor lamp was used to kill Dirksmeyer showed the killer didn’t intend to kill her when he arrived; otherwise he would have brought a weapon with him, he said.

One of Jones’ attorneys, Kenneth Johnson of Monticello, said in his opening statement that the timeline of Jones’ day on Dec. 15, 2005, showed he didn’t have enough time alone to go to Dirksmeyer’s apartment and kill her between 11 a. m. and 1 p. m., the time the medical examiner estimated Dirksmeyer died.

Johnson also pointed out that the bloody palm print on the floor lamp light bulb could not have been made at the time Dirksmeyer was killed as the state alleges.

He said a report by former Russellville Police Chief James Bacon said the blood on the bulb was dry but for a section that “appeared tacky.” Johnson said a defense expert would testify that the blood would have dried in 30 to 45 minutes. Dirksmeyer’s body was found about 6: 30 p. m.

Johnson also faulted the prosecution for not analyzing DNA recovered from the condom wrapper. He said a defense expert would testify that the DNA was from someone other than Jones.

He also criticized investigators for allowing Dirksmeyer’s stepfather, Duane Dipert, to take possession of Dirksmeyer’s cell phone before Jones was charged. He said the memory chip in the cell phone was wiped clean and did not give the defense an opportunity to retrieve whatever evidence might be on it.

Reference: http://www.nwarktimes.com/adg/News/195368/

[nobody]

"The next witness called was Laura Brown, a Pope County EMS paramedic who was dispatched to Dirksmeyer’s apartment Dec. 15.
When she entered the apartment, she said she saw a young man “straddling” a body in the dark room.
She said she turned on the lights and Jones, who was straddling Dirksmeyer’s body, was “screaming, talking, hysterical.”

Reference: Page 100, Post 8393

[nobody]

It is 8.6 miles from Nona's apartment to the station with a drive time of 19 minutes. It is 7.9 miles from Jones' house to the station with a drive time of 15 minutes. It is 16.3 miles (.2 mile difference from having to manually locate the station on the Google map) from Nona's apartment to Jone's house with a drive time of 33 minutes according to Google (28 minutes according to MSN).

These driving times are approximate and, depending on the traffic/train or conditions, plus speed, may vary plus or minus.

Reference: Page 101, Post #4001

[nobody]

He did mention stick in sliding door, said she always kept the door blocked closed with something, indicating not always neccessarily a stick. Knocked rang on door, no answer, was HOPING she was in shower or something but feared something was wrong. Stated they talked or text frequently, and Nona hardly ever not answered the phone, and if she did called him back immediately. He stated that was why he was so concerned about her not answering her phone-- highly unusual for them to not talk for 8 hours and especially for her not to answer her phone. He had tried to call Nona's mom earlier to see if she had heard from Nona. Couldn't reach her, so called Duane and was told Carol was at work and he hadn't heard from Nona all day. He also thought this odd. He stated he didn't know if she had finals that day or not. As we all know entrance was through sliding door. Vertical blinds were pulled to but had been left open and is how he saw body. Pulled on door and felt it had some give, so he yanked it open. Sounded as if it came open fairly easy.

He stated once in upon discovery, his mom became hysterical but told him to lay on her body for warmth. He mentioned an attempt at resucitation because she wasn't breathing, but her lips were cold and stiff. Stated he kept trying to talk to her.

Reference: Page 101, Post#4004

[nobody]

The living room and kitchen are right beside each other and in the middle of the two is a staircase leading to Nona's bedroom and bathroom. No lights were on downstairs. There was one light on at the top of the stairwell. When Laura Brown, EMT, arrived, she had to turn on the lights. Nona's body was a little away from the stairway, almost in the kitchen. The sliding glass door opens from the kitchen and was viewable before entering the apartment.

Reference: Page 101, Post#4026

[nobody]

The living room and kitchen are right beside each other and in the middle of the two is a staircase leading to Nona's bedroom and bathroom. No lights were on downstairs. There was one light on at the top of the stairwell. When Laura Brown, EMT, arrived, she had to turn on the lights. Nona's body was a little away from the stairway, almost in the kitchen. The sliding glass door opens from the kitchen and was viewable before entering the apartment.

Reference: Page 101, Post#4026

"The rear sliding door opened onto the living room where Nona’s body lay and according to Jones’ statement to law enforcement on the 15th day of December, he saw Nona laying there with blood underneath her head." PCS Statement.

The dining area may be adjacent to the kitchen. Thus, two different interpretations between the police and paramedic?

Reference: Page 102, Post#4043

[nobody]

KJ drove a white ford explorer. He drove it the whole day of the 15th, but drove his dad's white pickup truck to the scene.

Reference: Page 102, Post#4049

[nobody]

The 95-minute police interview shows Jones in a small interrogation room. It begins with him in the room alone for about five minutes. During this time he cries, and at one time cries out, "Oh my God...why?"

He's visibly shaken, sitting closed off with his arms crossed and at times, his hands folded. Once in a while, he doubles over in his chair and rocks back and forth.

When two investigators enter the room, he remains closed off and answers questions very matter of factly with his head bent. He's very cooperative in telling investigators what happened, and where he was on the date of Dirksmeyer's murder.

Investigators left the room and about 50 minutes into the tape Jones bangs his hand against the wall repeatedly.

When the officers come back, they tell Jones they're going to record his statement. Again, he tells police his actions during the day. They also have him make a sketch of the scene.

Reference: http://www.kfsm.com/Global/story.asp?S=6777429

[nobody]

Duane Dipert was there, he just could not be in the hearing since it was possible that he might be called to testify. He sat in another room. Also, before you continue your ever heartless attack on Carol and her loved ones, he has been banned from the courtroom. Yeah, it would sure be nice if he was allowed to be in there to support Carol.

Reference: Page 104, Post#4122

[nobody]

By Brooke Vermillion
Reporter
Friday, Dec. 15, 2005, was Detective Mark Frost's first scheduled night of the week to be on call after-hours at the Russellville Police Department's Criminal Investigation Division (CID).
The evening had been fairly quiet prior to a call that came in at about 6:30 p.m. requesting his assistance in an unattended death at 1006 S. Inglewood.
But the call was not an unusual one. Frost had been on several calls that started out similarly.
"They told me a person was found dead," Frost said. "That's all I knew when I left (the office). I've responded to numerous calls like that and it ranges from a natural death to a suicide. They (dispatchers) don't give us (detectives) a whole lot of information on the front side."
When he arrived at the Inglewood apartment complex and saw the chief of police standing near a barricade of yellow caution tape, Frost said he knew this was no natural death.
CID Sgt. John Waid met the detective on his way into the apartment and briefed him on what they had seen. A crime log was started to document who entered and exited after Russellville police officers finished securing the scene.
The nude body of a 19-year-old woman had been found lying in a pool of blood on the living room floor, according to police reports. She had visible cuts on her throat, and was pronounced dead at the scene by Pope County Coroner Leonard Krout.
After the three people who found the body were ushered away to the police department where they were interviewed and released by Detectives David Virden and Carey James, Frost and Detective Jayson Crabb stayed at the scene to photograph and collect evidence.
"That's standard," Frost said of the interview and collection process the detectives used that night. "You try to get as much information as you can in the first 48 hours of an investigation, because after that, [people] start to kind of scatter. ... So the first 48 hours are crucial. We just get as much as we can as quick as we can -- document, document, document."
To process the scene meant detectives looked for fingerprints, blood, hair, clothing fibers, etc., Frost said.
"There's nothing we don't look at," he said, noting he took photographs upstairs and downstairs, close up and at a distance. "That's what takes time -- we look at everything."
But Frost said that procedure is also customary during an investigation.
"Processing a homicide scene is no different than processing a burglary scene," he said. "The principles are still the same; it's how in-depth you go that makes all the difference. ... We just look at it in a different light."
When asked how long he stayed the first night, "I couldn't tell you; I never looked at my watch. Time was not an issue."
But Frost estimated he stayed at least five or six hours on the night of Dec. 15.
Officers then kept watch over the scene all night until detectives could return the next morning to finish gathering evidence.
The officers' role, he said, was important because, "When we get there to process a crime scene, whether it's a break-in of a house, car, whatever, we focus on the scene itself. ... So we're not paying attention to what's going on outside of the scene. That's why we need officers there -- to keep people from contaminating the scene.
"They are there to watch our backs while we do our jobs."
Handling the pressure
Police, firefighters and emergency personnel deal with critical incidents quite often. But the general public often wonders how they handle pressure in those tough situations.

Reference: http://www.couriernews.com/archived_story.php?ID=11611&Search=Nona%20Dirksmeyer

He said that he regretted not taking the knife into evidence until the next day, there were comments about a lamp being turned over in the living room, a clothesline near the body, and a bag of popcorn and a straw in an upstairs trash container that weren't tested. They also mentioned that a man's fingernail was found but that it wasn't tested.

Reference: Page 107, Post#4263

[nobody]

"The rear sliding door opened onto the living room where Nona’s body lay and according to Jones’ statement to law enforcement on the 15th day of December, he saw Nona laying there with blood underneath her head." PCS Statement.

The dining area may be adjacent to the kitchen. Thus, two different interpretations between the police and paramedic?

Reference: Page 102, Post#4043

He (Det. Frost) determined the lamp (murder weapon) was originally in the corner of the living room due to impressions he found in the carpet. The pictures showed that to be to the right when entering the living room from the hallway. (across the room from the slider door)

Reference: Page 108, Post#4285

[nobody]

He said that he regretted not taking the knife into evidence until the next day, there were comments about a lamp being turned over in the living room, a clothesline near the body, and a bag of popcorn and a straw in an upstairs trash container that weren't tested. They also mentioned that a man's fingernail was found but that it wasn't tested.

Reference: Page 107, Post#4263

Nona's phone is a Samsung flip type Frost saw on the floor when he first started taking pictures. When he returned from photgraphing the upstairs he saw the phone laying on the coffee table. He said he assumed any evidence on the phone was now compromised so he decided not to test it for fingerprints or dna. He said he asked everyone at the crime scene who moved it and not one confessed. He looked for the phone battery and condom and found neither.

Reference: Reference: Page 108, Post#4285

[nobody]

Frost said they did not get dna from anyone other than Jones and only fingerprinted Jones and York.
Frost said Brandy Bean (neighbor) was interviewed and reported she saw an altercation between Nona and her boyfriend but admitted that a picture of Jones was not shown to Bean for indentifying who the boyfriend was.

Reference: Reference: Page 108, Post#4285

[nobody]

Nona Dirksmeyer had romantic relationships with at least two men in 2005, though her longtime boyfriend Kevin Jones thought his relationship with her was exclusive, attorneys told a Franklin County Circuit Court jury Tuesday.

Trey York of Ashdown and Jordan Harris of Springdale testified Tuesday in Jones’ murder trial that they had romantic relationships with 19-year-old Dirksmeyer while Jones was attending the University of Arkansas at Fayetteville.

Jones, 21, is charged with first-degree murder in the Dec. 15, 2005, slaying of Dirksmeyer in her Russellville apartment.

Harris said he and Dirksmeyer were vocal music education majors at Arkansas Tech University in Russellville and that they developed a relationship toward the end of the spring 2005 semester.

He said about midnight on July 1 or 2, 2005, Dirksmeyer called him at his home in Springdale and invited him to spend the night with her. He said he drove to Russellville after the phone call and the two had sex shortly after he arrived.

Harris said they stayed in contact with each other during the summer but the relationship ended when Dirksmeyer told him in early August she was seeing Jones again.

York, 20, said he developed a friendship with Dirksmeyer when they were in the same study group in a biology class. He said they went out on a date in late October or early November 2005.

The next day, Dirksmeyer invited him to spend the night with her, York said. They did not have sex during that visit, he said. He said for the next few weeks, she would visit him in his dormitory room about once a week but that there was no sexual contact.

Dirksmeyer stopped coming over around Thanksgiving because he felt she was using him to get help in her biology studies, he said.

Earlier Tuesday, Prosecuting Attorney David Gibbons told jurors in his opening statement these relationships may have prompted Jones to kill Dirksmeyer. State Medical Examiner Dr. Charles Kokes will testify that Dirksmeyer was killed in three stages, Gibbons told jurors. The first was choking and beating that broke a bone in her throat and caused enough pressure to cause bleeding in one eye.

The second stage was Dirksmeyer being stabbed and slashed with a knife on her throat, face and shoulders.

The third stage was being struck twice with the base of a floor lamp that fractured Dirksmeyer’s skull.

Gibbons said a used condom wrapper found on Dirksmeyer’s kitchen counter either was planted by Jones to make investigators believe Dirksmeyer was killed as part of a rape or that it sent him into a rage that ended with Dirksmeyer’s death.

The evidence will show Dirksmeyer was killed in a fit of rage, Gibbons said. That a floor lamp was used to kill Dirksmeyer showed the killer didn’t intend to kill her when he arrived; otherwise he would have brought a weapon with him, he said.

One of Jones’ attorneys, Kenneth Johnson of Monticello, said in his opening statement that the timeline of Jones’ day on Dec. 15, 2005, showed he didn’t have enough time alone to go to Dirksmeyer’s apartment and kill her between 11 a. m. and 1 p. m., the time the medical examiner estimated Dirksmeyer died.

Johnson also pointed out that the bloody palm print on the floor lamp light bulb could not have been made at the time Dirksmeyer was killed as the state alleges.

He said a report by former Russellville Police Chief James Bacon said the blood on the bulb was dry but for a section that “appeared tacky.” Johnson said a defense expert would testify that the blood would have dried in 30 to 45 minutes. Dirksmeyer’s body was found about 6: 30 p. m.

Johnson also faulted the prosecution for not analyzing DNA recovered from the condom wrapper. He said a defense expert would testify that the DNA was from someone other than Jones.

He also criticized investigators for allowing Dirksmeyer’s stepfather, Duane Dipert, to take possession of Dirksmeyer’s cell phone before Jones was charged. He said the memory chip in the cell phone was wiped clean and did not give the defense an opportunity to retrieve whatever evidence might be on it.

Reference: http://www.nwarktimes.com/adg/News/195368/


As for the two college boys the prosecution called Tuesday to set timeline events, one said he knew Nona from music classes, they started flirting, talked regularly then one evening while he working in Springdale she asked him to come spend the night with her. He drove down after he got off work(midnight) and spent the rest of the night with her. When asked by the defense how long after he arrived they had sex he answered about 10 minutes. When asked if they had sex any other time he said no. The lawyer asked him to use "the Clinton" term for sex and the boy said, he thought he had just meant intercourse. The boy then said yes, they had oral sex before that night.

Reference: Page 108, Post#4299

[nobody]

"Gibbons also called into question Jones' recollection of the crime scene, the detail of which he termed "remarkable," in interviews with the police in the days following the discovery of Dirksmeyer's body, noting Jones "told law enforcement that the bady was face up when he got there," despite physical evidence suggesting that the body was "left lying facedown for several hours after the time of death.
Also, shedding new light on the caise of death itself, Gibbons suggested in opening statements that Dirksmeyer was the victim of a "three -stage" attack that occurred "very, very fast."
In the initial stage, according to Gibbons, Dirksmeyer was punched and choked, resulting in a broken hyolic bone, which is located in the neck; a hemorrhage in the right eye, which may have been the result of choking; a bruise to the temple, and injury to the upper and lower mouth.
"Nona wouldn've been more or less stunned" at this point, Gibbons said.
During the second stage of the scenario described by Gibbons, Dirksmeyer was attacked with a knife, resulting in several stab wounds to the neck and right shoulder and several "slice-type" marks to the throat. He described her posture during this stage as being of a defensive nature, with wounds suggesting she may have had her shoulders hunched in an attempt to protect her neck and throat.
During the final, lethal stage of the attack, Dirksmeyer was bludgeoned in the back of the skull with the base of a metal floor lamp used "like a hammer," according to Gibbons.
He told the jury the medical examiner believed although this was a lethal blow, Dirksmeyer may have been alive, unconscious, for up to 30 minutes....
Key to Gibbons' opening statement was a transcript he read aloud to the jury of an enhanced portion of a taped interview with Jones at the Russellville Police Department in the aftermath of the mujrder. During the segment, Jones was alone in the interview room, and can allegedly be heard muttering the following:
"Keep her with the angels. She was a good soul, Lord. She didn't mean any bad. Screw the f*ckers, for Christ's sake. She meant no harm to anyone, bless her heart. Please keep her safe, Lord. Please Lord, please, for Christ's sake. I am so sorry."

Reference: Page 99, Post #3951

The judge asked everyone in the room to be silent and the prosecution plays the tape. The only audible word was Lord. The judge tells the prosecution he can't make out any other word. The prosecution then stops and starts the tape saying in advance what they think Jones is saying in each segment. At the end the judge repeats that he hears nothing on his own but the word Lord. The defense says that the jury has already heard this and if they heard anything they can determine for themselves what Jones said. The judge agrees and says the lawyers can argue it in their closing.

Reference: Page 108, Post#4302

[nobody]

Bloody finger- and palmprints belonging to Jones were reportedly found on the lamp authorities believe to be the murder weapon, according to the statement. Jones later denied touching the lamp at the time he, his mother Janice, and friend Ryan Whiteside discovered Dirksmeyer’s body.

Reference: http://www.couriernews.com/archived_story.php?ID=13430&Search=nona%20dirksmeyer

The key moment was when the prosecutor asked him (Chief Bacon) to get up and show how the print was placed on the bulb- what position in relation to the way the lamp/lightbulb is laying next to the body, was the print placed on it. Sorry if this gets confusing but bear with me while I try to explain. We are looking at the TV with a crime scene photo of Nona's body and surroundings while the prosecutor and Bacon are standing in front of the jury acting it out. She is face up, perpendicular to her left is the part of the lamp with the bulb on it. The bulb is closest to her body about 1-2 feet away. Between her body and the bulb is blood on the carpet. There is no visible blood on the carpet on her right side. Bacon explains that the palm print is on the side of the bulb towards her feet. (if facing the bulb it is on your right) The palm is up with the fingers down.
The prosecutor asks Bacon if he could place his palm print on it while straddling the body. Bacon imitates that and reaches out as far away from his body as he can with his right arm. It is apparant it is possible. One of the jurors shrugged their shoulders, looked at another juror and mouthed "so what".

Reference: Page 111, Post#4417

[nobody]

"The rear sliding door opened onto the living room where Nona’s body lay and according to Jones’ statement to law enforcement on the 15th day of December, he saw Nona laying there with blood underneath her head." PCS Statement.

The dining area may be adjacent to the kitchen. Thus, two different interpretations between the police and paramedic?

Reference: Page 102, Post#4043

The pictures show her apartment as pretty messy, clothes piled everywhere. In the interview Jones said that Nona kept all her clean and dirty clothes downstairs because that is where the washer/dryer is located. He said it was common for her to dress and undress downstairs. I saw her mother (Carol Dipert) nod her head affirmative at that point.

Reference: Page 114, Post#4535

[nobody]

At 9:20 Tom Bevel was up. He is the expert for the prosecution. Quals-20 years in OkCity as cop, now teaches/trains in crime scene and blood analysis. He was sent a cover letter by Gibbons, an e-mail from Frost, a Cd of 128 photographs, a 34 page report that included interviews. In November of 2006 he came to RPD and looked at the carpet and more pictures. The pros spent half of their time asking his opinion of why the scene was staged. Bevel cited- condom wrapper seemed out of place, stick not in door, appearance of sexual assault with no evidence of one, blood on floor leading up to jeans but none on the jeans, the jeans and bra on the floor looked out of place, cell phone with no battery was illogical. The other half was on blood clotting and the bulb print. He said the blood would have clotted by the time Jones found the body and in his opinion the print on the bulb was made with "fresh", unclotted blood. The defense showed him a book he had written and read parts of it to him that applied to the case. The first being about the danger of group think or tunnel vision and how important it is to consider all viable options. Defense asked him if he was provided with all the evidence before he formed his opinion- answer was no. Defens asked if the cover letter and e-mail talked specifically about Jones or was he provided with other suspects. Bevel said only Jones information was given to him. They then went piece by piece over the items he felt were staged. Stick- is it possible the murderer simply took it with him- yes. Is it probable that the blood on the slider blinds is from where the murderer looked out to see if all was clear- answer-possibly. Condom-in your book you say it is common for something like that to be close to the body, the counter is 4 feet fromt he body, is that close. Answer yes but it would be more likely to be on the floor. Pants- there was no blood under them so if they were staged after the fact, wouldn't there be some sign of blood on or around them? Answer-possibly.

Reference: Page 121, Post#4809

[nobody]

"Al Fraizer, co-owner of Arkansas Restoration in Russellville, said Hiram Jones, Jones’ father, asked him to take a look at the bathroom to estimate how much work would be needed to repair it. He also told the jury he is “good friends” with the Jones family.
He said he and Bobby Mross, one of his employees, picked up a key from Norma Tate Jones at the Jones’ gas station on the morning of Dec. 15 and went to the Jones house.
He testified he and Mross knocked on the door and “made noise” before attempting to enter the house. He said Kevin Jones, who looked like he had been asleep, opened the door for the men and returned to his room. Frazier estimated the time was about 9:50 a.m.
Deputy Prosecutor Jeff Phillips entered into evidence copies of photos taken at the Jones home by Frazier. Frazier said he takes photos to assist him when he prepares estimates, because he may visit “three or four jobs a day.”
The photos were time-stamped, and the last photo appeared to have been taken at 10:06 a.m.
Frazier said the water damage was more extensive than originally thought and he did a “walk-through” after he took the photos in order to “commit to memory” items in the affected rooms that would need to be moved.
He said after the walk-through, he and Mross went outside and he attempted to contact his partner for another 5-10 minutes.
“The latest time I would have been there was probably some time after 10:20,” Frazier said.
Phillips questioned him about a Feb. 8, 2006, statement he made to police in which he said he and Mross left “within five minutes” of taking the pictures. Frazier denied telling police this information and said what he probably meant was he spent 5-10 minutes going over the house in the walk-through.
He admitted he did not wear a watch and that he wasn’t keeping “minute” track of time on the job, which he usually does on a “quarter-hour basis.”
Mross took the stand next and contradicted Frazier’s version of events, telling jurors the men left soon after the photos were taken. He stated he did not know Jones or his family."

Reference: Page 123, Post#4909

[nobody]

Zack Walker testified that he thought that Nona and Trey York had a dating relationship. He learned about 10pm on the 15th that Nona was found in a pool of blood and relayed that to York at about 10:15. York sent a text message to Nona at 9:18am the 16th saying that he was worried about her. Walker called York between 10 and 11am that morning to say that Nona was dead and York told him that he already knew.

Reference: Page 124, Post#4929

[nobody]

Brandy Bean, neighbor in apt #4. Said she saw Nona with her boyfriend, at the apartment about 3 times the four weeks prior to the murder. First time was when she heard loud voices and banging, she went outside to check it out because she was going to call the police if it escalated. Said she saw the boyfriend banging hard on the door and heard Nona yell "just leave". The boyfriend kept banging, Nona opened the door and threw keys at him and he drove off in her car- a silver mustang. When the defense lawyer pointed at Jones and asked if that was the boyfriend, Bean answered "No, I've never seen that guy before". When asked to describe who it was she saw- dark hair, dark complexion, about 5'7" or 5'8", wore wrist bands. When asked what gave her the impression it was Nona's boyfriend-"he took the trash out".

Reference: Page125, Post#4961

[nobody]

Then came yet another expert- Smith from Digital Investigations in Atlanta. He did a forensic cell phone search and computer search. Yes, it was pointed out the RPD did not collect the evidence properly. He did what search he could with the superwhamadine program he has and came up with-

MSN e-mail was signed onto at 9am the 15th and logged out of at 9:10 am.

At 11:15 a temp internet file was created, a png file-picture of a couple, not known who. Another file was created at 5:46 and again at 9:32.

Then the computer shows someone went in and accessed the trash and delete files, e-mail inbox account information, contact adresses. this was all on the 16th between 10:45-11:24am. That was about the time the police say they "secured the computer". It was never dusted for prints.

Reference: Page 125, Post#4961

[nobody]

Fall Semester 2005 Registration August 22 - 23
Classes begin August 24
Last day to officially withdraw/drop courses with full reduction of fees August 25
Last day to register and add courses/change sections August 30
Labor Day Holiday September 5
Last day to officially withdraw/drop courses with 80 percent reduction of fees September 28
Mid-term October 13
Deadline for degree audit (transcript evaluation), December 2006 graduates October 14
Assessment activities October 29 - November 5
Preregistration for spring semester November
Thanksgiving Holidays 5:00 p.m., November 22 to
7:00 a.m., November 28
Last day to drop courses with a “W” or change from credit to audit November 28
Last day of classes December 8
Reading Day December 9
Final examinations 6:00 a.m., December 12 to
3:00 p.m., December 16
Graduation December 17

[nobody]

Vicki Kiehl, a piano and organ instructor at ATU, said Dirksmeyer was scheduled to take a test on Dec. 15 at 2:15 p.m. Fellow music major Jordan Harris was scheduled for a test at 2:30.
Kiehl said when Dirksmeyer did not show up for the exam, and Harris offered to call her.
“He said, ‘I’ll call her and remind her,’ and he pulled out his cell phone and stepped out into the hall,” she said.
During cross-examination, Bristow questioned Kiehl about Harris’ behavior.
“Jordan gave you the idea he was going to call her?” he asked.
“Yes,” she said.
“But you didn’t hear him call her?”
“No.”
“And then he left. Did he come back the following semester?”
“Yes,” she said.
Jordan Harris
ATU music major Jordan Harris took the stand after Kiehl. With red hair and a ruddy complexion, Harris bore a passing resemblance to Jones.
Harris testified he met Dirksmeyer during the fall 2004 semester and that they shared many of the same classes because of their major. He said they became friends over the next five months.
“She was a beautiful person inside and out,” he said. “She was the girl next door.”
Their relationship progressed after spring semester finals in May 2005. Harris described how they went to the park to celebrate the end of school and then to her apartment.
“One thing led to another,” he said, but they did not have sexual intercourse until July 2005, when she invited him to spend the night at her apartment. They had talked on the phone “every other day” over the summer break, he said. He testified he was living in Springdale at the time and drove to her apartment in Russellville at her request.
The encounter was the last time he visited her apartment, he said, because in August, Dirksmeyer told him she was involved with Jones. He said this admission was the end of his romantic relationship with her.
“I stayed friends with her until her death,” he said.
Harris said he called Dirksmeyer between 2 and 2:15 p.m. Dec. 15 to remind her about her test, but the call went straight to her voice mail. He said he continued to practice for his test until about 2:25, when he decided he had not prepared enough and left.
Defense attorney Michael Robbins asked Harris what time he arrived at Dirksmeyer’s apartment on the night the pair had sex. Harris replied it was about 2 a.m., and Dirksmeyer was asleep. He said he woke her with a phone call and she let him in the apartment.
“Do you know anything about Nona’s use of over-the-counter sleeping medication?” Robbins asked.
“No,” Harris said.
“Did she seem alert and awake at the time?” Robbins asked.
“She seemed groggy from being asleep,” Harris said.
“When you say she was slightly groggy from being asleep, did she stay that way, or did she liven up? Was she alert, was she aware of her surroundings or not?”
“Yes sir, she was.”

Reference: http://www.couriernews.com/archivedstory.php?ID=15339

[nobody]

Tony Sigle, Russellville Fire Department EMT, testified he arrived at the crime scene shortly after Brown. He said he heard Brown asked Jones to leave Dirksmeyer’s body and he heard Jones say “something about trying to call [Dirksmeyer]” as Jones left the room.
“He mentioned there was a stick she used to keep the sliding door from opening and he couldn’t find a stick,” Sigle said.
He said he observed a lamp and pants turned inside-out at the scene, as well as a “lampshade laying to the right of [Dirksmeyer’s] feet.”
Sigle also testified that someone at the scene made a comment that the room was cold, and he went to check the thermostat. He noted the heater was turned off and the thermostat read the room temperature at 60 degrees.

[nobody]

The key moment was when the prosecutor asked him (Chief Bacon) to get up and show how the print was placed on the bulb- what position in relation to the way the lamp/lightbulb is laying next to the body, was the print placed on it. Sorry if this gets confusing but bear with me while I try to explain. We are looking at the TV with a crime scene photo of Nona's body and surroundings while the prosecutor and Bacon are standing in front of the jury acting it out. She is face up, perpendicular to her left is the part of the lamp with the bulb on it. The bulb is closest to her body about 1-2 feet away. Between her body and the bulb is blood on the carpet. There is no visible blood on the carpet on her right side. Bacon explains that the palm print is on the side of the bulb towards her feet. (if facing the bulb it is on your right) The palm is up with the fingers down.
The prosecutor asks Bacon if he could place his palm print on it while straddling the body. Bacon imitates that and reaches out as far away from his body as he can with his right arm. It is apparant it is possible. One of the jurors shrugged their shoulders, looked at another juror and mouthed "so what".

Reference: Page 111, Post#4417

Former Russellville Police Chief James Bacon and Bobby Humphries with the Arkansas State Crime Laboratory in Little Rock, both certified latent print examiners, testified that the bloody palm print on the floor lamp light bulb was made by Jones’ right hand.

Reference: http://www.nwarktimes.com/adg/News/196134

[nobody]

Court wrapped at 430. It was a little more than half full of people. Surprisingly. Regular pic of Nona, pic of condom wrapper, aerial pic of russellville, pics of inglewood apts from diff angles, pic of nona's car, crime scene pics. The lamp was not very far from Nona's body, but based on Ryan's account, the body was face down when they opened the door and KJ flipped her over to her back. Lividity (blood pooling) and rigor mortis show this. Also, the first EMT on the scene had to make KJ get off of Nona, as he was "straddling her" and tried to pick her up at her shoulders.

Reference: Page 97, Post #3858

Rigor Mortis

The reason the body becomes rigid after death is the loss of adenosine triphosphate (ATP) from muscles. ATP is the compound that serves as energy for muscular activity. Without it muscles can’t contract. The presence and stability of ATP depends on a steady supply of oxygen and nutrients, which are lost when the heart stops. When ATP levels fall muscles contract and stiffen, producing the rigidity of rigor mortis. The later loss of rigidity and appearance of flaccidity of the muscles occur when the muscle tissue itself begins to decompose as part of the putrefaction process.

Rigor mortis begins throughout the body at the same time, but the muscles become rigid at different rates in predictable pattern. When conditions are normal (ambient temperature is about 70 F) rigor mortis sets in as follows:
-Beginning about 2 hours after death, rigor mortis is first detectable in the small muscles of the face and neck and progresses downward in a head to toe fashion to the larger muscles.
-The entire contracting process takes about 8 to 12 hours, after which the body is completely stiff and fixed in the position of death.
-The body remains fixed after another 18 hours, a state that is called the rigid stage of rigor mortis.
-The process reverses itself and rigidity is lost in the order in which it appeared, beginning with the small muscles and progressing to the larger ones.
-After another 12 hours or so, the muscles become relaxed in the flaccid stage of rigor mortis.

Under normal conditions, rigor mortis is useful only for estimating time of death during the first 36 to 48 hours to death.

Lividity is caused by stagnation of blood in the vessels. At death, the heart stops beating and blood ceases to move. Stagnant blood goes to location gravity takes it. Any body part that presses against a firm surface is pale and surrounded by lividity.

Red and pinkish discoloration reveals high levels of oxygen in the blood, which may be caused carbon monoxide or cyanide poisoning or by exposure to cold temperature after death. People dying from severe heart failure, shock, or asphyxia may develop deep purple lividity. The blood in these situations is usually poorly oxygenated and deep purple in color and equals lividity being deep purple.

Lividity typically appears within 30 minutes to a couple of hours and reaches its maximum by 8 to 12 hours after death. During the first 6 hours after death, rolling the body to a different position can shift the discoloration. When a body is supine (on its back) for a couple of hours and then rolled onto its left side, the lividity that began accumulating along the back shifts and begins accumulating along the left side. But after 6 to 8 hours, the lividity becomes fixed, because the blood vessels begin breaking down, and the blood settles in the surrounding tissues. Then, as the blood cells begin to break down, they permanently stain the tissues.

Cadaveric spasm, which often is confused with rigor mortis, is the instantaneous onset of stiffness throughout the body. A corpse that is affected by cadaveric spasm is locked in the exact posture it was in at the moment of death. Cadaveric spasm occurs under extremely violent physical and emotional circumstances.

[nobody]

Lividity is a dark purple discolouration of the skin resulting from the gravitational pooling of blood in the veins and capillary beds of the dependent parts of the body following cessation of the circulation. The process begins immediately after the circulation stops, and in a person dying slowly with circulatory failure, it may be pronounced very shortly after death. Lividity is present in all bodies, although it may be inconspicuous in some and thus escape notice.
Lividity is able to develop post mortem under the influence of gravity because the blood remains liquid rather than coagulating throughout the vascular system. Within about 30-60 minutes of death the blood in most corpses, dead from natural or non-natural causes, becomes permanently incoagulable. This is due to the release of fibrinolysins, especially from small calibre vessels, e.g. capillaries, and from serous surfaces, e.g. the pleura.
Clots may persist when the mass of clot is too large to be liquified by the fibrinolysin available at the site of clot formation. In some deaths associated with infection and cachexia, this fibrinolytic effect may fail to develop, explaining the presence of abundant clot in the heart and large calibre vessels. Thus, in cases of sudden death the blood remains spontaneously coagulable only during a brief period immediately following death; it then becomes completely free from fibrinogen and will never again clot. This
incoagulability of the blood is a commonplace observation at autopsy. The fluidity of the blood is not characteristic of any special cause or mechanism of death although many texts state that the blood remains liquid longer in asphyxial deaths.

Reference: http://www.dundee.ac.uk/forensicmedicine/notes/timedeath.pdf (Page 11)

[nobody]

Janice Jones, the mother of Kevin Jones, charged in the 2005 murder of his high school sweetheart, Nona Dirksmeyer, can clearly recall the last time she saw her son’s girlfriend alive, she told the jury.
It was on Sunday, Dec. 11, 2005 at a Christmas chorale concert at Arkansas Tech University. Dirksmeyer sang that day; she and Jones shared “a love of music,” according to Jones’ testimony Monday.
Jones’ mother was without a doubt the most emotional of the witnesses the Franklin County Courthouse has seen throughout the past six days of testimony. As she took the stand, defense attorney Michael Robbins asked her if she was all right, for she looked pale against the vibrant color of her sweater. She told him she was not.
The sense of fragility and near-confusion that characterized her as she took the stand only intensified as attorneys began to question her about Dec. 15, 2005, and her son’s relationship with Dirksmeyer.
On Dec. 15, Jones said, she was supposed to go to a teacher’s Christmas party at Savanah’s Restaurant in Dardanelle. She hadn’t been to the annual party in a few years, but this year she was going to “treat” herself. But her son, her date for the evening, told her he was concerned about his girlfriend as he drove down Arkansas Avenue toward what should have been a pleasant evening, telling her “Mom, I can’t go to this party and not know that she’s okay.”
Robbins interrupted Jones’ narrative to ask her if she felt as though her son was genuine in this concern. Did she feel as though it may have been feigned? He was clearly attempting to prompt her to attest to Kevin’s sincerity for the benefit of the jury. Who would know better than a mother, after all?
But Jones seems confused, as though she could not understand why Robbins would ask such a question.
“I wouldn’t say that it was feigned at all,” she said, half-scandalized, half-uncertain.
“Why wouldn’t it be genuine?” she went on to ask, more than a little protectively, unsure of the game at this point.
She appeared that way throughout her testimony, actually, as a woman who in the words of one spectator may be having a bit of trouble dealing with “this reality.”
She described Kevin “beside [Nona]... patting her face, talking to her, trying to get her to respond to him” at the crime scene.
Others — the first responders and Ryan Whiteside, who discovered the body with Kevin — have described what Kevin was doing as something more akin to “straddling” or even “sitting on” Dirksmeyer’s nude body.
Kevin, himself, in taped interviews with the Russellville Police Department has said that he laid down on top of Dirksmeyer and rubbed his hands in her blood to see how fresh it was.
It was hard to doubt Janice Jones’ sincerity, though, when she described herself as “horrified,” “shocked” and “sickened” by the scene she, her son and Whiteside encountered that night. One of the more expressive jurors sitting on the front row even nodded and smiled to encourage her when she wavered at one point.
Was she sincere in her grief, both for her son and family and for the young girl whose death has changed that son and that family immeasurably? Without a doubt — her hysterical call to 911 the jury heard last week was proof enough of that.
Was she trying to help her son? It’s hard to dispute that interpretation, as well, for this is her baby, the boy for whom she carefully selected and laid out clothing for on the morning of Dec. 15 in anticipation of that evening’s party. This is the child for whom she testified she awoke after midnight Dec. 14, talking to him until nearly 3 a.m. only to rise at 4:30 for work — nothing special, she said, because “I had already had a nap.”
This is not a child who was by any means worshipped by his mother — she characterizes their relationship only as “fairly close,” and qualified that he is only “fairly intelligent” when Robbins praised Kevin’s ACT score — but this is her child, and, in her words, “I was just glad that he was home,” her voice gulping, thready, tenuous.
Remembering the last time she saw Nona alive, at the Christmas concert, Jones said “when it was all over, I kept looking for her.” She described the way the choir, circling the audience, sang the “Noel” chorus so that it was carried back and forth, back and forth, across the room.
“She was right there in front of me,” Jones cried.
As she did so, a siren wailed from somewhere outside the courthouse, echoing. It cut through Jones’ words harkening an abrupt end to the scene, and the life, that Jones was describing.
After she left the courtroom, everyone heard the sobs that overtook her. Whether for her son, Dirksmeyer, her family, herself, or all of them combined, they were too raw to be feigned.
But then came the quick sound of a male voice shushing her, twice, insistently.
She did not hesitate to quiet, for the currency that the courtroom was dealing in was her son’s life, and the cost was too great to do otherwise.
Key exhibits
The following items were entered into evidence during Monday’s testimony:
Prosecution
A photo of Dirksmeyer’s car, a silver 2001 Ford Mustang, taken on Dec. 16, 2005 by the RPD.
Defense
A series of photos taken by an Arvest Bank ATM showing Jones making a transaction at 2:24 p.m. on Dec. 15, 2005.
Two photos of a light switch near the front entry of Dirksmeyer’s apartment showing a small amount of blood on the wall to the right of the switch.
Four photos of Jones’ hands and palms taken by the RPD on the night of Dec. 15, 2005.
Two photos of Jones’ torso and back taken by the RPD on the night of Dec. 15, 2005.
Four photos of an overturned lamp found in the northeast corner of Dirksmeyer’s living room.
Expert witness Roger Morrison’s curriculum vita.
Two photos of hairs found in Dirksmeyer’s carpet by defense examiners.
Three photos of a torn fingernail not belonging to Jones found in Dirksmeyer’s carpet by defense examiners.
A photo of Jones hands, covered in blood, taken by the RPD on the night of Dec. 15, 2005.
A register tape from the Bayou Bridge Cafe that allegedly documents Jones’ lunch purchase from Dec. 15, 2005.
n Jeremy Huggins’ Bayou Bridge Cafe time card for the week of Dec. 15, 2005.

Reference: http://www.couriernews.com/archivedstory.php?ID=15411

[hoglover]

Thanks for all the great deal of time and effort you have put into your thread and posts. This, I know, is very hard work. It is greatly appreciated. It is very hard to look back on things. Again, thank you!:)

[nobody]

Wednesday-first witness-The defense ME, MD, board certified in forensic pathology, retired chief medical examiner for Alabama, personally performed between 3-4,000 autopsies, believes an autopsy is just one tool in the cause of death investigation, 95% of his tesitifying has been for prosecutors, described blood properties(breakdown in white, red cells, etc.) and how they act differently on a porous versus a non porus surface when drying, stated that the rug under victim's head acted as a sponge, said clotting would have little to do with when the blood was placed on the bulb, was surprised the autopsy took place 4 days after death, said it was highly unusual because decomposition had started(showing pictures to the jury)and made TOD more difficult to determine, believed in a case like this is would be very important to do the autopsy asap, 3 things to determine TOD- lividity, body temp and rigor, (body temp was not taken in this case), described rigo-fibers around muscles lock, says if there was a struggle or the victim had soem physical activity prior-the fibors are depleted so it is harder/less reliable to set TOD using this....
I have some notes on his description of how the attack took place, the specific injuries on the vicitm, histology slides, etc...
He was a very easy witness to listen to as he spoke in understandable terms and kind of taught as he went along. And most important he spoke loud enough for us to easily hear! He was an older gentleman, neat in appearance, relaxed, was not emotional. The prosecution had a very hard time cross examining him, like they were over their heads with his knowledge level. He was not phased by anything they asked and was not contentious when asked why he differed with their ME.
Recently I saw Bevel, the prosecution expert, on one of the TV shows about crime. He was postulating about another case. IMO, Bevel is looking for a level of fame making him suspect to me.

Reference: Page 160, Post#6361

[nobody]

Nona's phone is a Samsung flip type Frost saw on the floor when he first started taking pictures. When he returned from photgraphing the upstairs he saw the phone laying on the coffee table. He said he assumed any evidence on the phone was now compromised so he decided not to test it for fingerprints or dna. He said he asked everyone at the crime scene who moved it and not one confessed. He looked for the phone battery and condom and found neither.

Reference: Reference: Page 108, Post#4285

They showed it in court- it was an older flip style, Samsung I think. It had a limited storage capacity, could only store 20 missed calls, and you had to chose whether to store something to the SIM card. The only number saved on the SIM card was Chelsey Huckaby(sp?). It had the option every time a message is sent to- save, send, or send and save. When asked why there were no saved sent messages, the witness said the user did not chose that option.

Reference: Page 164, Post# 6531

[nobody]

The death of Nona Dirksmeyer is tragic in every sense. The sophomore music student was well-liked by her peers. So far, police have few clues.

“We are investigating an apparent homicide of a 19-year-old female,” says Russellville Police Chief James Bacon.

Chief Bacon says Dirksmeye was at Arkansas Tech University in Russellville.

Bacon says, “And at this point we're following up leads of different people, different contacts, people she attended school with trying to develop a timeline of what occurred throughout the day yesterday.”

Police say Dirksmeyer's body was discovered around 6:30 Thursday night by her boyfriend and his mother at Dirksmeyer's off-campus apartment. He says right now they are trying to determine an exact time and cause of death.

“At this point in time its foot work, I've got about 12 to 15 officers tracking down friends and family. Interviewing them and finding out about lifestyle, finding out about acquaintances.”

One of Dirksmeyer's friends is Ashley Neal. Ashley and Nona shared a class last semester. Neal says she's shocked someone would hurt such a nice person. “She was very friendly in class and everything, she was just sweet, talked to everybody," says Neal.

Friday, Arkansas Tech administrators issued a letter in support of the Dirksmeyer family. The university is also providing counseling for faculty and students.

But back at the apartment of this well liked music student there is nothing more than a yellow canvas to signal something went on there. Her mustang sits in its usual spot, but the question still lingers,

Who killed 19 year old Nona Dirksmeyer.

Right now the police say they do not have a cause of death are awaiting an autopsy report.

Reference: http://www.todaysthv.com/news/news.aspx?storyid=22023

[nobody]

Investigative aspects
During the trial, defense attorneys and experts repeatedly questioned why certain pieces of potentially key evidence were not preserved from the scene of the crime.
With respect to testimony heard during the trial Gibbons was present at the crime scene on the night of the murder, Gibbons clarified he will sometimes be present to advise officers about any legal issues, such as when to seek search warrants, that may arise over the course of scene processing and evidence collection. He does not request that officers collect or examine any potential pieces of evidence, he said, and is in no way involved with the “chain of custody” of evidence.
Gibbons also addressed the issue of DNA and fingerprint testing, telling The Courier “everything that was feasible to be done, that needed to be done, was done” with respect to forensic testing.
During the trial, defense attorneys questioned why certain initial suspects were not subject to DNA testing, citing the possibility that DNA from a condom wrapper, a fingernail found by defense experts on carpet taken from the scene, and Dirksmeyer’s cell phone, among other things, might have been able to at least point to a suspect other than Jones, even if the type of DNA recovered did not allow for an inclusive profile of the killer.
Gibbons described the condom wrapper found at the scene, on which defense experts claimed to have found male DNA exclusive of Jones, as a “trigger” rather than a piece of evidence left by Dirksmeyer’s killer, citing that conclusion as one reason why further DNA testing was unnecessary.
Gibbons also noted the DNA found on the condom was what is known as “Y-chromosome” DNA, which cannot be used to include certain suspects, only to exclude, as it is not unique to each individual.
State examiners would have been unable to enter any such Y-chromosome DNA profile retrieved into the FBI’s Combined DNA Index System (CODIS) to search for further suspects even if the Arkansas State Crime Lab (ASCL) had been able to conduct such testing in 2006, Gibbons said, as CODIS is designed to match only inclusively.
The lab was not equipped to test for Y-chromosome DNA in early 2006 when much of the evidence recovered from the crime scene was submitted, according to testimony given during the Jones trial by Terry Rolfe, ASCL chief resident DNA expert.
“The state of Arkansas has provided resources, and I’m guided by their judgment,” Gibbons said.
Defense experts excluded Jones as the donor of the fingernail found at the scene using Y-chromosome testing. The cell phone was never submitted for DNA testing, Russellville Detective Mark Frost testified at the trial.
Gibbons also told The Courier “several” suspects besides Jones were considered during the course of the investigation. All had alibis, Gibbons said, making the question of further DNA testing redundant.
When asked about fingerprints found on the alleged murder weapon, a floor lamp, Gibbons said, “Those fingerprints were not suitable for comparison,” citing ASCL forensic examiner Bobby Humphries corroborating testimony during the course of the trial.
Former Russellville Police Chief James Bacon initially classified the fingerprints as “of good quality, suitable for comparison,” and excluded Jones and four other individuals as the donor of the prints.
Gibbons, when asked to reconcile Humphries’ and Bacon’s assessments of the prints, said, “I sent them to the crime lab. That is the tool that I have ... they were not found suitable for comparison.”
Humphries explained during testimony that examiners often maintain different standards with respect to the number of raised “points” necessary to allow a print to be considered suitable for comparison.
Dirksmeyer’s fingerprints were never taken, and as a result were unavailable to be compared against any prints found by investigators in her apartment.
Gibbons said it was his understanding that the medical examiner’s office would typically conduct printing during the course of their examination and autopsy, although that action was not taken in this case.
Budget was not a consideration in determining the extent of testing to be done, Gibbons said, stating that his office tries to pay for as much as they can, but costs beyond that are ultimately the responsibility of the county.
The trial
Gibbons also told The Courier juries are instructed to avoid speculation when considering a case, defending the prosecution’s strategy not to specifically address defense allegations against a number of other “suspects.”
“There was no evidence to put [certain suspects] near the crime scene,” Gibbons said.
During the second day of jury deliberations, jury foreperson Kimberly Willhite sent a note to Special Circuit Judge John Patterson requesting more information about a “Jared” who defense attorneys identified during opening arguments as a person having “controversy” with Dirksmeyer in the period leading up to her murder. Patterson told the jury he was unable to offer any information beyond what was entered into testimony and evidence.
Jurors were not offered the option to consider lesser charges for Jones during their deliberations, Gibbons said, as neither he nor the defense requested that option.
“The evidence was that Kevin Jones was the one who killed [Nona], and he did it with a purpose,” Gibbons said. “I felt the evidence was conclusive that it was a first-degree murder.”
The next step
Minutes after Jones’ acquittal, Gibbons told The Courier he did not “see any evidence at all that would compel [him] to bring charges against anyone else,” raising the question of whether area residents will ever see “justice for Nona.”
“I’m going to keep the file open for a short period of time,” Gibbons said Thursday, adding he intended to review it personally. He would not indicate whether he intended to request further action on the part of the Russellville Police Department (RPD) or any other law enforcement agency.
The Courier filed a Freedom of Information Act (FOIA) request for the Dirksmeyer case file and for redacted portions of an Arkansas State Police investigation report regarding a December 2006 Russellville Police incident report naming Ryan Whiteside and Jones in which no charges were filed.
Whiteside, along with Jones’ mother, Janice, were present with Jones when Dirksmeyer’s body was discovered.
Both FOIA requests have been denied, citing the ongoing nature of the investigation into Dirksmeyer’s murder.
Gibbons indicated he would be releasing the files “within a short period of time,” although he declined to specify how long that period might be beyond saying he was “certainly not talking months.”
Physical evidence gathered during the investigation will be retained indefinitely, Gibbons said.
Gibbons also pointed out that the RPD has undergone several changes since the time of the Dirksmeyer investigation, noting that Bacon left the department and has been replaced by Tom McMillen, who was assistant chief at the time of the murder in December 2005, and that the head of the RPD’s Criminal Investigations Division has changed as well. That division is now led by Lt. David Davis.

Gibbons has been in contact with Dirksmeyer’s mother and stepfather, Carol and Duane Dipert, since the verdict, he said, adding “the community at large lost an awful lot with her death ... she would’ve done us some good.”
Reference: http://www.couriernews.com/archivedstory.php?ID=15536

[nobody]

Sara Bailey, a friend of Dirksmeyer’s and a fellow vocal music education major at ATU, was one of the first witnesses called by Gibbons.
She told jurors Dirksmeyer was security conscious.
“Every time I went [to her apartment], I would have to call her to tell her I was there” before Dirksmeyer would open the door, she said.
Bailey was in Dirksmeyer’s biology lab group, along with Vallee, James “Trey” York and Zack Walker, she said.
On Dec. 15, she said Dirksmeyer arrived late to the biology final exam.
“Living off campus, she sometimes came in late,” Bailey said. She said she saved a special pen used for the exams for Dirksmeyer so she could take the test.
Bailey finished and left before Dirksmeyer, she said, and tried to call her later regarding their grades on a class project. She said she used the biology professor’s cell phone to call Dirksmeyer at 9:34, but couldn’t reach her. When she called again at 10:14, Dirksmeyer answered the phone, she said.
She testified Dirksmeyer talked to her about Dirksmeyer’s relationship with Jones, which Bailey said “didn’t seem healthy.”
“They fought a lot verbally,” she said. “I knew she thought he had cheated on her, and she had cheated on him like a retaliation.”
During cross-examination, defense attorney Kenneth Johnson asked Bailey if she and her boyfriend ever fought.
She said they don’t yell at each other, a fact she relayed to Dirksmeyer during their conversations. “Nona said, ‘That’s nice because we really yell when we get mad,’” she said.
Bailey testified that another classmate, Jared Berry, told her of Dirksmeyer’s death some time between 7 and 10 p.m. on Dec. 15.

Reference: http://64.233.129.31/archivedstory.php?ID=15333

[nobody]

Reference: http://securityact.atu.edu/

[nobody]

Reference: http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GSmid=46605737&GRid=12773827&

Note: unsettling image of gravestone.

[nobody]

Jim Coulter York III
Jim Coulter York III, known as “Trey,” took the stand after lunch. York, 20, testified he was a senior geology major at ATU.
During questioning by Deputy Prosecutor Jeff Phillips, York told the jury he and Dirksmeyer attended the same biology class, and that he had asked her out on a date in late October or early November 2005.
“We went to the movies, then to my dorm room and her apartment,” he said of the date. He said she invited him to stay over at her apartment the next night, and he stayed and left the next morning. He said they kissed, but did not have a sexual relationship.
He said they would often hang out in his dorm room once a week, but he never returned to her apartment. He said she stopped coming around some time after Thanksgiving.
“There was no time to hang out,” he said.
York testified he woke up at 6 a.m. Dec. 15 and began studying. He took his biology exam at 8:30, went back to his dorm and got breakfast at Paradise Donuts downtown at about 9 a.m. He said he spilled a drink in his car, which took him about 10-15 minutes to clean up, and then returned to his dorm room to gather his books and walked to Dean Hall, where he sat in the hallway and studied before taking a 10:30 exam.
He returned to his room and sent a text message to Dirksmeyer, asking him to call him, at about 11 a.m.
“She brought me half a cake, and I had the cake pan,” he said.
York said he packed his things in preparation of returning home to Ashdown for the holidays. He said he returned a movie to Hastings and got gas at an Exxon station near Interstate 40. While at the gas station, he texted Dirksmeyer again, this time with the message “never mind.” He said the message was sent at about 1 p.m.
During cross-examination, Johnson asked him why York and Dirksmeyer stopped hanging out. He asked if it had something to do with school work York thought Dirksmeyer copied.
“I did feel as if I had been taken advantage of,” York said.
He confirmed Dirksmeyer sent him 147 text messages in November and 83 from Dec. 1-15, and said he had replied to all of her messages. York testified he owned a 2005 silver Ford Mustang, but denied it looked similar to Dirksmeyer’s silver Mustang.
Johnson questioned York on how he learned of Dirksmeyer’s death. York at first said he received a call from a Zack at about 10 or 10:30 p.m. Dec. 15, but didn’t take the call because it was an unknown number. He said he had a friend call the number back.
Johnson, who told jurors in opening arguments Zack Walker called York and told him Dirksmeyer was dead the night of Dec. 15, asked York to show him on York’s cell phone records when Walker called him and when he returned Walker’s call. Neither York nor Johnson seemed to be able to identify any calls from or to Walker on the records for Dec. 15.
York later said he didn’t receive a call about Dirksmeyer until the next morning. He was also insistent the biology exam began at 8:30 despite testimony from two other students in the class the exam began at 8.

Reference: http://64.233.129.31/archivedstory.php?ID=15333

[nobody]

The following items were entered into evidence during Thursday’s testimony:
Prosecution
Six photos of a bathroom at the Jones residence taken by Al Frazier of Arkansas Restoration Services in response to a service call.
Three photos of the Jones dining room and kitchen, also taken by Frazier.
A map of Pope County showing two routes Jones typically took to reach Dirksmeyer’s residence from his parent’s home.
A “subscriber activity” record listing activity recorded involving Jones’ cell phone on the day of the murder.
A billing record for Jones’ cell phone covering the same time period.
A map provided by AT&T representative Lanny Shepherd of coverage area of local cell phone towers.
A “subscriber activity” record listing activity recording involving Dirksmeyer’s cell phone on the day of the murder.
Several crime-scene photos showing Dirksmeyer’s living room, carpet impressions and the alleged murder weapon, a lamp.
A lamp base weight.
Three portions of the alleged murder weapon, a lamp, including a bulb.
An envelope of dried blood scrapings recovered at the crime scene.
A yellow candle recovered at the crime scene.
A picture of jeans found near Dirksmeyer’s body, along with that pair of jeans.
A pair of underwear recovered from the crime scene.
A greeting card with blood smears on the upper right corner recovered from the crime scene.
A bra recovered from the crime scene.
A photo of a small amount of blood on an oven door in Dirksmeyer’s apartment, along with a swab of blood taken from the oven door.
A photo of an opened condom wrapper and a steak knife on a kitchen counter at the crime scene, along with that wrapper and steak knife.
A Samsung cell phone recovered at the crime scene.
A photo of the bathtub in Dirksmeyer’s apartment.
Defense
Call records from Dirksmeyer’s cell phone.
Two photos of a serrated-edge steak knife recovered at the crime scene.
A photo of the contents of a trash can in Dirksmeyer’s upstairs bathroom.

Reference: http://www.couriernews.com/archivedstory.php?ID=15365

[nobody]

Q: What is the difference between murder and wrongful death?
--------------------------------------------------------------------------------

A: O.J. Simpson was charged with first degree murder in the state court in California. The jury found him "Not Guilty." A "not guilty" verdict means the state failed to prove the charges "beyond a reasonable doubt", which is the standard of proof in all criminal prosecutions. Criminal cases are brought on behalf of the citizens of a particular state or federal district, not by the victims or their families.
After O.J. Simpson was found not guilty in the criminal case, the families of Nicole Brown Simpson and Ron Goldman sued him in the state court in California for wrongfully causing their deaths. Civil lawsuits for wrongful death are tried for money damages, not to put the defendant in prison. Civil cases are brought in the name of individuals, not in the name of the State.

The burden of proof in criminal and civil cases is different. In criminal cases, the standard is "proof beyond a reasonable doubt." There is also a presumption of innocence that stays with the defendant until and unless the jury returns a guilty verdict. In civil cases, the standard of proof is "by a preponderance of the evidence," which essentially means "more likely than not," or put another way, proof by 51% or more.

Reference: http://personal-injury.lawyers.com/wrongful-death/Wrongful-Death-FAQ.html#seven