Barry Lee Jones was sentenced to death in 1995 after being convicted of murdering his girlfriend’s 4-year-old daughter a year earlier
An Arizona man was ordered released from prison Thursday after nearly three decades of incarceration for a crime that state prosecutors agreed he did not commit.
Barry Lee Jones, now 64, was sentenced to death in 1995 after being convicted on charges of first-degree murder, sexual assault and three counts of child abuse in connection with the 1994 death of his girlfriend’s 4-year-old daughter, according to the court order cited by the Associated Press.Prosecutors had previously claimed the girl was in Jones’ care when she died and that he was responsible for the internal traumatic injuries that caused her death.
However, a Pima County judge ordered Jones’ release this week after Jones accepted a plea deal for second-degree murder that stated medical findings proved Jones didn’t cause the girl’s injuries. He did, however, neglect to get her medical care the night before she died, despite knowing how sick she was feeling, the court order states, per the AP.
Jones and his legal team reportedly said his court-appointed lawyer at the time had been ineffective for failing to investigate and present medical evidence that contradicted the prosecution’s timeline.
“Our new medical evidence established that that injury could have been three, four, five, days old maybe even up to a week old,” retired investigator Andrew Sowards told 3TV/CBS 5. In 2018, both the federal district court and the Ninth Circuit Court of Appeals agreed he was entitled to a new trial, per the outlet.
But in 2022, the U.S. Supreme Court ignored its own precedent and ruled against Jones, saying federal courts didn’t have the power to review the case, even with proof of innocence, the Arizona Republic reports.
While Jones was still on death row, the Arizona Attorney General conducted an independent investigation of the case, and shortly after, the office decided to overturn his conviction and reach an agreement with Jones’ attorneys.
“After almost 30 years on death row for a crime he did not commit, Barry Jones is finally coming home,” federal public defender Cary Sandman said in a statement obtained by 3TV/CBS5. “Mr. Jones spent nearly three decades on Arizona’s death row despite compelling evidence that he was innocent of charges that he had fatally assaulted Rachel Gray.”
“We hope that Barry can enjoy the rest of his life in peace, surrounded by his family and friends,” Sandman added.