Sheriff's lawyer may probe plaintiff's past

The judge allows the attorney to raise allegations of sexual assault against a man suing for false arrest.

By CHRISTOPHER GOFFARD

© St. Petersburg Times, published April 12, 2000

TAMPA -- Called to the stand on behalf of her son, Betty Dye Jones described Jonathan Dye Jones' high school years as non-violent.

But that testimony Tuesday in U.S. District Court -- and the question from Jones' lawyer that prompted it -- may wind up damaging his wrongful arrest suit against the Pasco Sheriff's Office far more than it helps.

If Jones' lawyers were going to portray him as "teddy bear -- Mr. Sensitivity," argued John Jolly, the lawyer representing the Sheriff's Office, he ought to be able to counter that characterization.

In particular, Jolly told U.S. Magistrate Judge Thomas McCoun out of jurors' earshot, he wanted the jury to hear that five women have accused Jonathan Jones of sexual assault. Earlier, McCoun had ruled that only one of those allegations could be raised.

"Every once in a while, the door gets opened up, and when it's there, I ought to (be able to) go through it," Jolly said. "I ought to be able to go through that door with a Mack truck -- wide open."

McCoun ruled that Jolly may ask Jones' mother whether she was aware of three of those allegations of sexual assault. She is expected to take the stand again when the trial resumes this morning at U.S. District Court.

One of those attacks, Jolly said, took place at the home of Jones' mother only six weeks before the rape and killing of Kathryn Murphy in Lacoochee in November 1993. Jones was charged with Murphy's killing, but a jury acquitted him.

Now, Jones, 33, of Dade City, is seeking $14.2-million in damages, alleging the two Sheriff's Office detectives handling the case fabricated a confession and planted a bloody boot print at the crime scene in an attempt to railroad him. Also named in the suit is Sheriff Lee Cannon, accused of encouraging his employees to violate suspects' constitutional rights.

Jones' lawyers allege that in the initial examination of the crime scene, Sheriff's Office crime scene technicians did not find the bloody boot that allegedly linked Jones to the crime. Only when investigators returned later -- and detectives had taken one of Jones' boots -- did a technician find the print, the lawyers claim.

Jones' mother testified Tuesday that her son was raised to respect the police, and was mystified when they arrested him for Murphy's murder on the strength of a confession Jones claimed was fabricated.

"He was in total disbelief that this could be happening," she testified. "He had always been taught that law enforcement's your friend."

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