Facts Only - no opinions here.

**nobody** · 07-23-2007 02:29 AM

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_...7;20dirksmeyer

**nobody** · 07-23-2007 02:35 AM

"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** · 07-23-2007 03:03 AM

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** · 07-23-2007 03:10 AM

"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** · 07-23-2007 03:20 AM

Alleged rapes at Ryan Whiteside house party.

**nobody** · 07-23-2007 03:44 AM

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_...15&Search=rape

**nobody** · 07-23-2007 04:26 AM

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** · 07-23-2007 04:34 AM

Originally Posted by 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** · 07-23-2007 05:23 AM

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** · 07-23-2007 05:31 AM

Originally Posted by 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** · 07-23-2007 05:36 AM

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** · 07-23-2007 03:35 PM

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** · 07-23-2007 03:49 PM

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** · 07-23-2007 04:07 PM

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** · 07-23-2007 04:50 PM

Originally Posted by 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** · 07-23-2007 05:26 PM

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** · 07-23-2007 05:36 PM

Originally Posted by 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/

**nobody** · 07-23-2007 06:33 PM

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

Reference: Page 53, Post #2089

**nobody** · 07-23-2007 06:56 PM

Originally Posted by 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_...15&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_...rch=dirksmeyer

**nobody** · 07-23-2007 07:33 PM

"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

**nobody** · 07-23-2007 07:41 PM

Originally Posted by nobody

"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

**nobody** · 07-23-2007 07:52 PM

Originally Posted by nobody

“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

**nobody** · 07-23-2007 09:19 PM

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 â€“ 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** · 07-23-2007 09:42 PM

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 â€“ 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 CafÃ© 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 CafÃ© 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.

**nobody** · 07-23-2007 09:52 PM

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** · 07-23-2007 09:55 PM

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** · 07-23-2007 09:59 PM

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_...rch=dirksmeyer

**christina** · 07-23-2007 10:07 PM

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

**nobody** · 07-23-2007 10:13 PM

Originally Posted by christina

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** · 07-24-2007 08:18 AM

(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** · 07-24-2007 08:28 AM

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_...rch=dirksmeyer

**nobody** · 07-24-2007 08:43 AM

Originally Posted by 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_...=Kevin%20Jones

**nobody** · 07-24-2007 08:52 AM

http://www.wunderground.com/history/...q_statename=NA

**nobody** · 07-24-2007 01:18 PM

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** · 07-24-2007 01:23 PM

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** · 07-24-2007 01:29 PM

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** · 07-24-2007 01:56 PM

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** · 07-24-2007 02:06 PM

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** · 07-24-2007 08:34 PM

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** · 07-24-2007 08:43 PM

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_...4&Search=Frost

Thread: Facts Only - no opinions here.

January 3rd Post - #941

Post claiming to be a Courier Reporter

January 8th Post - #994

January 10th Post - #1014

January 11th, Pages 26, 27

More rape allegation information...

Dover Times Letter to the Editor

Jones Gas Station Sold

Whiteside contest Courier Newspaper article

From Atkins Chronicle...

New Evidence - Jan 9, 07

Neighbors Statements

Justice appoints retired judge to preside over Jones’ trial after Kennedy recuses

Disposition of Evidence

Suit Filed in Burton (KJ's former employer) death

Defense asks that Dirksmeyer slaying trial be moved.

Connie Golf's involvement in case

Nona Dirksmeyer Scholarship Fund

Threatened legal actions

Cell Phone Released, evidence lost

Text Messages from the Cell Phone

RPD Embarrassment

Prosecution in Jone's trial Rest

Defense follows up

Defense follow-up, cont.

Court room descriptions

The Witness List

Great Idea

Thank you

Carol Dipert's initial thoughts

More Blood Evidence (wet and dry)

More on the Gag-Order

Russellville Weather on Dec 15th, 2005

Miss ATU speaks about Nona

History behind Nona's message

More about Nona's self-mutilation

Blood appearance, 5 days later

Description of the mothers in court

Testament of person driving by

Who is Glenn Owen?

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