Dad BARRY LEE JONES in on trial for the murder, sexual assault, sodomy, and rape of his infant son, and for assaulting his 3-year-old daughter, who suffered blunt force trauma to the abdomen. Calling this guy a piece of sh-- doesn't seem to do justice. Even the medical people, who are trained to stay detached and objective, were weeping during their testimony.
http://www2.oanow.com/oan/news/local/article/emotional_day_on_the_stand/110114/
Emotional day on the stand
Vasha Hunt Opelika-Auburn News
Dr. John McFarland took the stand Wednesday as the prosecution called witnesses in the capital murder trial of Barry Lee Jones, 20, of Opelika. Jones faces charges of capital murder, sexual assault, sodomy and rape in connection with the death of his infant son, Kevin Christopher Jones, and injury to a then-3-year-old girl.
Amy Weaver
Staff Writer
Published: November 18, 2009
The small 5-year-old girl clutched to a female Lee County employee for comfort and support when she took the witness stand Wednesday in a capital murder case.
Her foster mother waved to her from a nearby chair as at least one familiar face to the visibly timid child. She had met Lee County chief trial assistant district attorney Robbie Treese before, but despite his best efforts, he couldn’t get her to verbally answer some questions, even one about the color of her purse. She remained quiet and introverted, answering some questions with a slow nod of her head.
The 16-member jury in the capital murder case against 20-year-old Barry Lee Jones of Opelika was not present for her testimony as Treese tried to determine if the girl could verbalize answers in the courtroom.
Treese let her leave the courtroom and then told Circuit Court Judge Jacob A. Walker III that she hasn’t talked much about her visit to the emergency room of East Alabama Medical Center since it happened nearly two years ago.
Jones faces charges of capital murder, sexual assault, sodomy and rape in connection with the death of his infant son, Kevin Christopher Jones, and injury to the girl.
After two days of jury selection, Wednesday’s court proceedings began with opening statements.
In his statements, William Whatley of Montgomery, one of Jones’ defense attorneys, told jurors that the state is required to show guilt beyond a reasonable doubt, and asked them not to let their emotions cloud their judgement.
The prosecution called its first witness, an EAMC multi-care technician, at 9:30 a.m.
EAMC doctors John McFarland and Larry Thorne also testified, both saying that when they saw the then-3-year-old girl that December morning, she told them she was experiencing stomach pain because she was “hit with Kevin.” ER nurse Isabelle Green said the same thing.
Both doctors were emotional at times during their testimony.
At one point during his testimony, McFarland, an ER physician, broke into tears. He then apologized to the jury for the show of emotion.
“I had forgotten how upsetting it was to see those injuries,” he said.
McFarland said he and the rest of the ER staff were “horrified” to see bruises on the baby boy, and then to discover injuries to his rectum. The veteran medical professional, visibly shaken while he viewed photos of Kevin, said he deemed his injuries to be a result of ongoing and current sexual abuse.
Thorne, a pediatrician, said the injuries to the girl were the result of abuse. He had difficulty talking about the marks on her body. He said her stomach was so tender, it couldn’t be touched.
“It was blunt (force) trauma from some object,” he said.
Marcia Baylor, multi-care technician at EAMC, testified that she remembers a “young black man” coming into the ER with an unresponsive baby in his arms. She took the baby and asked the young man to follow her, but he did not.
When McFarland talked to Jones that morning, he recalled how unemotional the young father was after learning of Kevin’s death.
“I was sort of chilled seeing him so flat,” he said.
Both McFarland and Thorne examined Barry Lee Jones after he told them each that morning that someone hit him in the head.
“He said he was knocked out and he didn’t know what happened,” McFarland recalled.
According to an affidavit, Jones has claimed that someone else injured the children after knocking him unconscious.
Both doctors said they found no signs of trauma to Jones’ head.
“I didn’t see anything — not even a little scratch. Nothing,” Thorne said.
Opelika police officer Jim Moody, who conducted an investigation at Jones’ residence on Toomer Court, testified that he found no signs of forced entry at any doors or windows at the house.
Testimony is expected to resume this morning.
The Opelika-Auburn News does not publish the names of abuse victims.