Erin Maxwell, 11 years old starved raped and strangled

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Autopsy Not Completed

27 year old Alan Jones stood silently for an hour and a half as his attorney Salvatore Lanza argued the prosecution did not have the DNA or medical evidence prosecute him. In what's become a familiar argument, Lanza asked that Jones be released until his trial. Once again, that request was denied. But when the trial comes, Jones will not be silent. He's facing 2nd Degree Murder for the August strangulation of his 11 year old stepsister Erin Maxwell, and his attorney says he'll likely testify in his own defense.

Tempers flared when the judge ordered Oswego County District Attorney Donald Dodd to hand over a completed autopsy report. However, Dodd says the Onondaga County Medical Examiner has not yet reviewed her portion of the report. Months after the girl's death, it's only a one-page report, and the defense says it's another indication the prosecution's case is crumbling.The judge ordered that Dodd send a written request to the medical examiner's office by the end of today. Jones is due back in court on January 22.

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Delay in autopsy report is focus in Alan Jones hearing

Oswego, New York (WSYR-TV) - The man accused of killing Erin Maxwell appeared in Oswego County Court Tuesday morning.

Much of Tuesday morning’s hearing centered on Judge Hafner’s frustration with the lack of a full autopsy report from the Onondaga County Medical Examiner’s Office.

Lanza also expressed his frustration; he says the report is key to his case because the Medical Examiner's findings, in a one-page summary report, says Maxwell's death is a homicide by asphyxiation with sexual trauma as a contributing factor.

"I've never seen a case like this,” Lanza says. “It's been almost four months, it's like piecemeal trying to get discovery…I'm entitled to this information, and it's like pulling teeth."

The Onondaga County Medical Examiner’s Office declined to comment about the Maxwell autopsy delay, and directed questions to the Oswego County District Attorney's Office.

Oswego County District Attorney Donald Dodd says Medical Examiner Mary Jumbelic has been out of work for some time. He says he's made some verbal requests for the report, but on Tuesday was ordered by Judge Hafner to write a formal letter requesting it.

Alan Jones’ attorney made several motions during the hour-and-a-half long hearing.

Among the motions, Attorney Sal Lanza asked that bail for Jones be reduced so that he may be released until the case reaches trial, if it ever gets that far.

The motion was denied, and bail remains at $100,000 cash or $250,000 bond.

Jones is due back in court January 22; Lanza told NewsChannel 9 that if this case goes to trial, he is strongly considering putting Jones on the stand.

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DA Want Limit on Information Released in Maxwell Case

Because of information reported last week by CBS 5 News, prosecutors in the Erin Maxwell murder want a judge to order the defense attorney to stop talking about evidence in the case.

Last week CBS 5 reported 11 year old Erin Maxwell had played a game involving choking while she was visiting relatives out west prior to her death over the summer.

This was part of evidence turned over to the defense by the DA's office.

The defense argues it fits with the theory she accidentally hanged herself. Prosecutors insist it was the child's step brother, Alan Jones who killed her, and releasing this sort of information is tainting a potential jury pool.

Lanza has said he intends to fight the DA's request.

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Motion for protective order

OSWEGO COUNTY, N.Y. -- The Oswego County District Attorney's office has filed a motion for a protective order in the Erin Maxwell murder case. The 11-year-old Palermo girl was found dead in her home last year and her step-brother, Alan Jones, is charged with the crime.

The DA's office believes that information they made available to Jones' attorney, Sal Lanza, was passed along to media outlets and they fear it could result in a tainted or impartial jury. The motion specifically mentions the forensics autopsy summary sheet from the coroner's office, which the DA's office believes was obtained by the media through Lanza.

The DA's office is seeking a protective order, requiring that all material provided to Lanza be used only by Lanza to prepare the defense.

The judge will hear the motion in court on January 27th.

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DA: Stop releasing information on Maxwell case to media

January 19, 2009:

Oswego, New York (WSYR-TV) - The district attorney's office is asking a judge to stop Alan Jones' attorney from releasing information to the media about the Erin Maxwell case.

In a motion filed, DA Donald Dodd says Sal Lanza is tainting the potential jury pool by releasing information like Erin Maxwell's autopsy report.

Jones has been charged with second-degree murder in the case. Jones is accused of killing his stepsister, 11-year-old Erin Maxwell, in their Palermo home back in August.

Lanza says he plans to fight the motion.

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A couple of weeks ago Alan Jones appeared in an Oswego County courtroom for a hearing. A large part of the hearing centered around the fact that a full autopsy report still has not been released. Remember, the medical examiner released a one-page summary back in the fall that said Erin's death was homicide by asphyxiation with sexual trauma as a contributing factor. The ME's office has been directing all questions about the autopsy to the Oswego County DA. Apparently the medical examiner has been out of work for quite a while and although the DA has made several requests for the report it still hasn't been released. During the hearing Judge Hafner ordered the DA to write a formal letter requesting it.

Alan Jones' attorney also filed several motions during the hearing including one that asked for his $250,000 bond to be reduced so that he can get out on bail until the trial. The motion was denied.

Earlier today the DA in the case, Donald Dodd, filed a motion asking the judge to stop Jones' lawyer from releasing information in the case, saying that he is tainting the jury pool. What triggered the motion is a report that was put out last week that said while Erin was visiting relatives on the west coast last year she played a game that involved choking. Alan Jones' attorney obviously wants that out because it can put a bit of doubt out there and it fits in with the theory that she accidently hung herself. Of course that doesn't explain the sexual trauma.

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New twist in Erin Maxwell murder case

OSWEGO -- Action News reporter Jim Kenyon and two newspaper reporters have been named in a motion to prevent Defense Attorney Sal Lanza from making public certain documents in the Erin Maxwell murder case.

Erin Maxwell was the 11-year-old Palermo girl who was allegedly strangled in a house full of animals, feces and garbage. Alan Jones, Maxwell's stepbrother, has been charged with her murder. The girl's father and stepmother are also charged with endangering the welfare of a child for allegedly starving Maxwell and locking her in her room.

As we reported, during a bail hearing on November 7th, defense attorney Sal Lanza provided Action News and other media with documents which included an autopsy summary sheet. Oswego County District Attorney Donald Dodd says that publication of the autopsy report affects his ability to seat an untainted jury.

The D.A. is asking the court to stop Lanza from supplying such documents to the media.

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Erin Maxwell Murder: Attorney Fires Back

The attorney for the man accused of killing Erin Maxwell of Palermo fires back at the prosecution in court documents.

Defense lawyer Sal Lanza says the district attorney's request to have him stop speaking about the case to the media is pure nonsense.

DA Donald Dodd asked a judge to order Lanza to stop releasing information provided to him by prosecutors.

Last week, CBS5 reported the 11 year old victim in the case played a game involving strangulation while she was visiting relatives in Nevada prior to her death over the summer.

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Lanza says that supports his claim she accidentally hanged herself.

In a court motion filed today, Lanza tells the judge his comments to reporters have not in any way, tainted a potential jury pool.

27 year old Alan Jones, Erin Maxwell's step brother, is accused of killing her.

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Jones's attorney counters prosecution's court motions

OSWEGO -- An update on the Erin Maxwell murder case in Oswego County. Attorney Salvatore Lanza, the lawyer for Alan Jones, has responded to District Attorney Donald Dodd’s efforts to stop documents from being distributed. Jones is charged with second degree murder in the death of his stepsister Erin Maxwell last August.

Lanza has filed new motions in opposition to Dodd’s motion for a protective order filed Monday. The motion for a protective order seeks to suppress the dissemination of trial information to the media, which the prosecution feels will hinder the court’s ability to find an unbiased jury. In court documents, Lanza calls the statements “nonsense”.

Lanza also says that the release of Erin Maxwell’s autopsy report is being “held hostage” in this latest maneuver. Lanza wants the autopsy report made public.

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New details released in Erin Maxwell cas

OSWEGO COUNTY, N.Y. -- The attorney for the man accused of killing 11-year-old Erin Maxwell has released more documents providing details about the case.

News 10 Now received statements given by the victim's family members to police, one of which talks about a strangulation game Erin tried to play with her cousin. Another statement is from one of the first medics on the scene the day she was injured. It says that Alan Jones was there and when asked if he knew what happened, Jones just shrugged his shoulders with a smirk on his face.

Earlier this week, the Oswego County District Attorney's office filed a motion to stop defense attorney Sal Lanza from releasing documents to the media, saying it could result in a biased jury. Lanza has opposed the motion and says the protective order is "nonsense." He argues that the jury pool is already tainted from the media coverage the case has received from the start.

A judge will hear the motion next week.

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