CINCINNATI — A man who was sentenced to death for the 1994 murder of Rhoda Nathan was granted bond on Friday and released from the Hamilton County Justice Center on Saturday to await the retrial he was granted in December.
Judge Wende C. Cross of the Hamilton County Common Pleas Court ruled then that evidence withheld from defense attorneys during his first trial was significant and should have been presented to the jury that found Elwood Jones guilty for the murder in 1996.
On Friday, Wende set Jones' bail at $50,000, unsecured — which means he does not have to pay any money to be released, but will be responsible for paying the full sum if he misses a court appearance. Jones will also be subject to biweekly drug screenings and will have to wear a GPS monitoring device.
"I think he is actually speechless," Jones' attorney Jay Clark said. "I don't think he's going to actually believe it until he walks out the door, but I think when he realizes, he's going to be thrilled."
Jones was hoping to walk out on bail Thursday, but that did not happen. There was a miscommunication in court and the hearing was delayed until Friday morning — something his defense team was not happy about.
"9,969 days is long enough to wait," Clark said. "There's no reason we should have to wait another day — and it's not us. There's no reason Elwood should have to wait another day."
Prosecuting attorney Seth Tieger said they were unaware that the bond hearing would be happening in court on Thursday.
"We did not know it was set for motion to reduce bond today," he said. "We did not notify the victim's family about today's hearing in terms of their availability to be here."
Under Marsy's Law, attorneys are legally required to notify families of victims of any public court hearings involving their case.
Cross called a 15-minute recess so the prosecution could step out and call the family of Rhoda Nathan to see if they wanted to fly to Cincinnati or join the hearing virtually. The prosecution said Nathan's son, Valentine Nathan, wanted to join and speak by Zoom, but couldn't Thursday morning. Cross rescheduled the hearing for 8:30 a.m. Friday.
"He went to sleep last night hoping that he would never have to go to sleep in a prison again and because of what Seth Tieger just did, he does,” said David Hine, Jones' defense attorney.
The defense said they are hopeful Jones will be granted bail.
"The question then becomes what's the appropriate conditions of bail to ensure he comes back to court?" Clark said. "I think there are conditions that we can suggest to the judge that will protect the public and guarantee he comes back to court."
Cross announced the new trial will begin in February 2024.
The Hamilton County Prosecutor's Office issued a statement Friday in reaction to Jones' bond:
"Ten different courts have reviewed Elwood Jones’ conviction and upheld it. Every issue (other than the inadmissible, supposed “confession”) has been litigated by courts whose authority is binding over Judge Cross.
"It is shocking that a trial court believes they have the authority to ignore the direct orders of a superior court. Our criminal justice system cannot function if trial courts thwart the authority of the First District Court of Appeals, the Ohio Supreme Court, the United States District Court for the Southern District of Ohio, and the 6th Circuit Court of Appeals.
"And now, Judge Cross has released Elwood Jones from jail despite the fact that the Ohio Constitution states that those charged with capital offenses are not eligible for bail. The family of Rhoda Nathan and the people of Hamilton County deserve better than this."
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