Convicting the Innocent
DNA Exonerations Database

Joe Jones

First NameJoe
Last NameJones
Year of Conviction1985
Year of Exoneration1992
Testing inculpated culpritCold Hit
State of ConvictionKansas
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Life / LWOP sentenceLife
Gender of ExonereeMale
Race of exonereeBlack
Type of Innocence Defense
  • Alibi
Description / Quotes from Testimony Concerning Defense

● Employee at store testified that defendant was a regular customer at the Kwick Shop and was at the store eating sandwiches for some time the night of the crime.

Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
Identity of eyewitness
  • Cross Racial Identification
  • Victim
Multiple eyewitnesses3
Lineup Procedures
  • Photo array
Suggestive Procedures

Yes ● Suggestive remarks – told they had a suspect who might be in the group ● Victim not told attacker might not be in line-up ● Show-up at preliminary hearing

Quotes from testimony #1

“And this person you saw that you now have identified as the person who did this to you, he was heading down towards the courtroom where you were heading, right? A. Yes. Q. And you knew at the time that the police had somebody in custody? A. Yes. Q. They had a person who had been charged with the offense of assualting you? A. Yes. Q. And you knew that it was time for your hearing and that’s the time that you saw Joe Jones, right? A. Yes. Q. You were expecting to see the person who was accused of assaulting you at that time? A. Yes.” When provided photo array, victim told – “And I explained to her that we had a possible suspect, and that he might be in this group.” Officer asked victim to look again after choosing a filler in photo array – “Do you recall that after your response to him, he asked you again, look at them, even after you told him that that’s the one, or you’re pretty darn sure. He had you look at them again, didn’t he? A. Yes. Q. And you looked at them again, didn’t you? A. Yeah. Q. Those six photographs, right. And you picked the same photo again, didn’t you? A. Well it was the one I picked first, yeah.”

Unreliable Identification?

Yes ● Initial nonidentification

Quotes from testimony #2

Victim identified a filler in the photo array – “And once you put the folder out in front of her, what happened? A. She looked it over very careful, and then picked out picture No. 3. Q. And whose picture was that? A. That was not the suspect. I don’t recall whose name it was.“ “Q. What did she say when she picked out or how did she pick out No. 3? A. She pointed to the picture. Q. And said? A. And I, well, she said, ‘That’s the one.’ And I asked her if she was sure. Q. And she said, ‘Pretty darn sure’? A. Yes, sir.”

Highest level reachedAppeal
Claims Raised During All Appeals and Postconviction
  • Brady
  • Sixth Amendment Right to Counsel
  • State Court Newly Discovered Evidence Claim
Harmless Error Rulings
  • NP
Citations to judicial opinions

Kansas v. Jones, 771 P.2d 73 (Kan. 1989)

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