Limits put on victim impact statements

HARTINGTON – A judge has limited the scope of victim impact statements to be considered at the sentencing of a Laurel man convicted of four counts of murder.

Judge Bryan Meismer issued a written ruling last week in Cedar County District Court instructing the probation office to not place victim impact statements from anyone other than the nearest surviving relative of the victims into the pre-sentence investigation report that will be reviewed at the sentencing of 44-year-old Jason Jones.

Jones’ lawyer, Todd Lancaster of the Nebraska Commission on Public Advocacy, argued for limitations to be placed on victim impact statements and to include only the children of Gene and Janet Twiford, and the closest family member to Michele Ebeling. The Twifords, their daughter, Dana, and Ebeling were all shot by Jones and their homes set ablaze in Laurel in August 2022.

Jones was convicted in a jury trial last month in Dakota County. The jury found the crimes to be aggravated, making Jones eligible for the death penalty.

Meismer also limited impact statements in that they shouldn’t include any characterizations or opinions about the crime, Jones, or an appropriate sentence.

If that type of information inadvertently makes it way into a victim impact statements, the three-judge panel will not consider it, Meismer said in his order.

Lancaster said he plans to renew his motion on the constitutionality of the death penalty and submit some additional evidence. Another hearing will be set on that matter.

It will likely be next spring or summer before a three-judge panel convenes to consider Jones’ sentencing. Patrick Heng, McCook, and Timothy Burns, Omaha, will join Meismer, who will serve as the presiding judge at sentencing.

The panel will hear evidence of mitigating circumstances, or factors that lessens the severity of the crime or Jones’ culpability. Under state law, mitigating circumstances may include the defendant’s lack of criminal history; if there was unusual pressure or influence by another person; if the crime was committed during extreme mental or emotional disturbance; the age of the defendant; if the defendant’s participation in the crime was minimal; if the victim consented or participated in the crime; and if the defendant was impaired by mental illness or intoxication.

Once the panel hears that evidence, it then convenes in private to weigh whether the mitigators exceed or come close to the weight of the aggravators found by the jury in the case.

The decision must be unanimous in order for the death sentence to be imposed.

If Jones is given a death sentence, an appeal is automatic and goes directly to the Nebraska Supreme Court, bypassing the Nebraska Court of Appeals.

Court dates, trial delayed in wife’s case

Carrie Jones, 45, her attorneys, and the Nebraska Attorney General’s Office appeared for a court hearing remotely Monday morning and discussed progress in the case.

She is accused of first-degree murder, tampering with evidence and being an accessory to murder. Prosecutors say she pushed her husband, Jason Jones, to kill Gene Twiford because of sexually charged statements Twiford directed toward her over several years.

She is also accused of harboring her husband after the murders and disposing of the clothes he was wearing at the time.

Jason Jones was convicted of shooting Twiford, his wife, Janet, and daughter Dana, along with another Laurel woman, Michele Ebeling, and setting their homes on fire on Aug. 4, 2022. A jury found him guilty and the crimes aggravated, making him eligible for the death penalty.

His case was moved and tried in Dakota County. Carrie Jones’ lawyers, Nate and Doug Stratton, Norfolk, argued the motion to move her case out of Cedar County last month, citing a “deep and bitter prejudice” from potential juror questionnaires.

Widespread media coverage was also a factor argued against her receiving a fair trial in Cedar County.

Although Judge Meismer hasn’t officially made his ruling granting a change of venue, he’s been working behind the scenes to locate an open courtroom outside of Cedar County to hold the trial.

At Monday’s hearing he indicated Carrie Jones’ three-week trial would likely take place in Madison County in summer 2025.

Carrie Jones’ attorneys, Nate and Doug Stratton, Norfolk, said they had depositions scheduled for January and anticipate some pre-trial motions to be heard in the spring.

Another pre-trial date was set for March and a date to hear pre-trial motions in April. At Monday’s hearing, Carrie Jones waived her rights to a speedy trial.

She is being held at the Boone County Jail, Albion, as the Cedar County Jail is not equipped to house a long-term female inmate.