CINCINNATI — An Ohio man released from prison after nearly three decades on death row is awaiting his new trial.
Elwood Jones was originally convicted and sentenced to death for the 1994 murder of Rhoda Nathan, a grandmother who was found brutally beaten in her hotel room at the Embassy Suites in Blue Ash.
Jones was a maintenance man at the Embassy Suites and prosecutors allege he went into the room to grab valuables, not expecting Rhoda Nathan to be inside.
In December, Hamilton County Judge Wende Cross said blood tests, witness statements and hotel guest questionnaire responses were among 4,000 pages of evidence withheld during Jones' initial trial. The conviction was overturned, and Jones was granted a new trial.
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The defense filed a motion to exclude testimony from all witnesses from the prior trial.
"The defense, they weren’t adequately able to cross-examine the witnesses," said Judge Cross. "The court granted a new trial, not a retrial."
During a pre-trial hearing on Wednesday, they learned two of the witnesses are no longer living — a doctor who gave his opinion on the bacteria in Jones’ hand and the police officer who testified he found Nathan’s pendant in a toolbox in Jones’ car.
"The documents that they withheld show that it’s not true. The pendant was not found in the toolbox," said David Hine, one of Jones’ defense attorneys. "But none of that was available to Mr. Jones in the first trial."
The defense said they didn’t have the opportunity to effectively cross-examine certain witnesses because of the withheld evidence, but the prosecution said those witnesses are vital to their case and it would be near impossible to make their case without them.
"The one that would be fatal to us, if you were to exclude Bray," said Assistant Prosecuting Attorney Seth Tieger. "I do not see how we could proceed with this trial, judge. He was alone when he found the pendant."
Judge Cross decided some of the prior witness testimony would be excluded.
"With regard to any witness that is alive and can be subpoenaed and come and testify … the motion to exclude the prior testimony is granted. You can bring those folks in," Judge Cross said. "With regard to Dr. McDonough, granted. I am going to reserve my decision on Detective Bray."
Judge Cross said if there is evidence that refutes Detective Bray’s original trial testimony, Bray may also be excluded as a witness.
There will be another pre-trial hearing Oct. 18. The new trial will begin in February 2024.
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