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Judge rules Jones can skip November hearing, but not his sentencing
HARTINGTON — Convicted murderer Jason Jones can skip his Nov. 20 hearing in Cedar County District Court, but must be in attendance when his sentencing is handed down.
Jones’ attorney, Todd Lancaster of Lincoln, had requested that District Court Judge Bryan Meismer allow Jones to stay in his jail cell in Lincoln and not be transported back to Hartington for either the Nov. 20 mitigation hearing or his sentencing.
The mitigation hearing will present evidence and testimony to determine if Jones should be given the death sentence or a sentence of life in prison.
Under Nebraska law, a three-judge panel will decide whether Jones is sentenced to death — the decision must be unanimous — or to life in prison. Nebraska Supreme Court Chief Justice Mike Heavican appointed the panel, which includes Judge Meismer, who presided over the trial, and Judges Patrick Heng and Timothy Burns.
Lancaster and Assistant State’s Attorney Corey O’Brien both presented Judge Meismer with case law Monday to argue their points in the 20-minute video hearing here.
In the end, Meismer decided the November hearing could be skipped, but Jones’ sentencing hearing was too important not for him to be in attendance.
'This is not your typical sentencing, this being a capital matter,' O'Brien said.
Jones was convicted last September of murdering Gene Twiford, his wife Janet, and their daughter Dana, as well as neighbor Michelle Ebling.
Jones waived his right to appear at all preliminary hearings and at his murder trial. His attorney said it was not practical for him to sit for extended periods of time due to the severe burn injuries he suffered the night of the murders. Jones set the victims' houses on fire after shooting them on Aug. 4, 2022. He was severely burned in the process.
O'Brien said in the state’s opinion that argument no longer exists.
'My objection is that he spent the better part of an afternoon testifying for his wife,' O'Brien said, adding that proved he could sit for long periods of time.
O’Brien warned the matter could arise on appeal because of Jones’ absence. Lancaster replied he was not citing Jones’ physical condition in the request to waive court appearances, saying, “He just doesn’t want to be there.” Judge Meismer then issued his decision.
In other court action related to the Laurel murders, Meismer started the process to dismiss a complaint of an intervention motion filed by the Cedar County News just before Jones trial was set to begin.
The complaint was filed when the Cedar County News was made aware the state and Jones' attorneys were considering a protective order preventing the press from accessing exhibits submitted by the state in the criminal case until the conclusion of the trial.
At that time, Cedar County News attorneys urged the judge to allow them the opportunity to intervene if such a protective order were issued.
“The contemplated protective order is a prior restraint on speech. To vindicate its constitutional rights to access judicial records during trial, Cedar County News intervenes,” said Cedar County News attorney Nathan Clark.
Clark argued the Cedar County News, the public and press have standing to assert their rights of access to court records and proceedings. Trials are presumptively open to the public, and under the First Amendment and common law, documents used in court, including exhibits offered and/or received in criminal proceedings, are presumptively open to the public and the press, Cedar County News added.
The newspaper advanced several other arguments, including alternative avenues available to the court rather than infringing on Cedar County News’ and other media’s First Amendment rights.
The newspaper does not plan to ask for a continuance on this order.
“Since the court never entered an order restricting access to the public records, and now that the trial has long since concluded, the Cedar County News no longer has a need or interest in preventing the Complaint from being dismissed,” Clark said.
