Clarence James Jones

Case identification

Clarence James Jones

Background

Clarence Jones was a known escapee from a Maryland prison where he was serving three concurrent 25-year sentences for three counts of robbery with a deadly weapon and a concurrent 5-year sentence for attempted robbery with a deadly weapon.

On 11/12/04, the Florida Supreme Court relinquished jurisdiction for a mental retardation determination. On 07/27/05, the Circuit Court denied the mental retardation motion.

The offence

On July 7, 1988, Tallahassee police officers Ernest Ponce de Leon and Greg Armstrong responded to a call concerning a car that was parked behind a laundromat.

When they arrived at the scene, they found three escapees from a Maryland prison (Clarence Jones, Henry Goins, and Irvin Griffin) seated in the car along with a woman, Beverly Harris, who was traveling with them. As Armstrong was checking driver’s licenses and Ponce de Leon was trying to complete a computer check on the car’s tag, two shots were fired at Ponce de Leon by one of the passengers.

Following the shooting, Officer Armstrong engaged in a shootout with the passengers. Jones retrieved Officer Ponce de Leon’s gun and Jones and Griffin fled the scene on foot. Both Jones and Griffin were wounded.

Jones and Griffin broke into a house near the scene of the crime where they were captured a short time later by police.

Officer Ponce de Leon died at the scene as a result of the two gunshot wounds to his chest.

In his own defense, Jones stated that an unknown drug dealer, who had met him and his accomplices at the laundromat, was the person who shot Officer Ponce de Leon.

Codefendants

Henry Goins pled guilty to Second-Degree Murder in exchange for a 30-year prison sentence.

Irvin Griffin was found guilty as charged for First-Degree Murder and sentenced to life in prison.

Investigation and arrest

Jones and Griffin fled the scene on foot after retrieving Officer Ponce de Leon’s gun. Jones and Griffin were captured a short time later by police after breaking into a house near the scene.

When Jones was apprehended in Tallahassee, Florida, he was a known escapee from a Maryland prison.

Trial

Charges

Clarence Jones was indicted on the following charges on 07/28/88:

• Count I: First-Degree Murder
• Count II: Attempted First-Degree Murder
• Count III: Armed Robbery with a Firearm
• Count IV: Armed Burglary of a Dwelling
• Count V: Armed Kidnapping

Jones was charged by information on the following charge on 09/22/89:

• Count I: Aggravated Assault with a Firearm

Trial events and jury recommendation

Jones was found guilty on all Counts on 09/24/89.

Count V was nolle prosequied on 09/24/89.

The jury recommended Death by a vote of 11-1 on 09/25/89.

On 09/26/89, the trial court sentenced Jones as follows:

• Count I: First-Degree Murder – Death
• Count II: Attempted First-Degree Murder – Life sentence
• Count III: Armed Robbery with a Firearm – Life Sentence
• Count IV: Armed Burglary of a Dwelling – Life Sentence
• Count I: Aggravated Assault with a Firearm – 5 years

Parties and legal representation

The Second Judicial Circuit, Leon County, Case # 88-3111. Sentencing Judge: The Honorable Phillip J. Padavano. Trial Attorney: Clifford L. Davis – Private Attorney. Direct Appeal: Clifford L. Davis – Private Attorney. Collateral Appeals: Terri L. Backhus – Registry.

Timeline

• 07/07/1988 — Tallahassee police officers Ernest Ponce de Leon and Greg Armstrong responded to a call; Jones, Henry Goins, and Irvin Griffin were found in the car behind a laundromat; shots were fired at Ponce de Leon; a shootout occurred; Jones retrieved Ponce de Leon’s gun; Jones and Griffin fled; Ponce de Leon died at the scene.
• 07/28/1988 — Defendant indicted on Counts I–V (First-Degree Murder; Attempted First-Degree Murder; Armed Robbery with a Firearm; Armed Burglary of a Dwelling; Armed Kidnapping).
• 09/22/1989 — Defendant charged by information on Count I: Aggravated Assault with a Firearm.
• 09/24/1989 — Defendant found guilty on all Counts.
• 09/24/1989 — Count V was nolle prosequied.
• 09/25/1989 — The jury recommended Death by a vote of 11-1.
• 09/26/1989 — Defendant sentenced to death and additional sentences on remaining counts; sentence included Count I: First-Degree Murder – Death.
• 10/16/1989 — A direct appeal was filed with the Florida Supreme Court.
• 05/16/1991 — The Florida Supreme Court affirmed the convictions and the sentence of death.
• 07/01/1991 — A Petition for a Writ of Certiorari was filed with the United States Supreme Court.
• 10/07/1991 — The United States Supreme Court denied certiorari.
• 12/21/1992 — A 3.850 Motion was filed with the State Circuit Court.
• 04/01/1997 — The State Circuit Court denied the 3.850 Motion.
• 07/11/1997 — A 3.850 Appeal was filed with the Florida Supreme Court.
• 03/15/1999 — The Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.
• 03/27/2000 — A Petition for a Writ of Habeas Corpus was filed with the Florida Supreme Court.
• 07/05/2001 — The Florida Supreme Court denied the Petition.
• 05/22/2000 — A Petition for a Writ of Habeas Corpus was filed with the U.S. district court, Northern District.
• 03/14/2002 — The federal petition was amended.
• 08/23/2002 — The USDC ordered the petition held in abeyance pending resolution of state claims.
• 06/17/2002 — A 3.850 Motion was filed with the State Circuit Court.
• 12/03/2002 — The State Circuit Court denied the 3.850 Motion.
• 01/10/2003 — A 3.850 Appeal was filed with the Florida Supreme Court and is currently pending.
• 11/12/2004 — The Florida Supreme Court relinquished jurisdiction for a mental retardation determination.
• 07/27/2005 — The Circuit Court denied the mental retardation motion.

Appeals

Direct appeal

A Direct Appeal was filed with the Florida Supreme Court (FSC) on 10/16/89.

Issues raised on appeal included whether the trial court erred by refusing to allow the defense to question two state witnesses about their convictions involving drug-related offenses and violence against a police officer. The defense wanted to question the witnesses concerning their prior offenses in an attempt to potentially connect them with the crime. The judge ruled that their prior offenses occurred too long before the crime at hand to have been relevant in the proceedings.

The FSC found all of the issues to be either harmless or without error and affirmed the convictions and sentence of death on 05/16/91.

United States Supreme Court

A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 07/01/91 and denied on 10/07/91.

State collateral proceedings (3.850)

A 3.850 Motion was filed with the State Circuit Court on 12/21/92 and was denied on 04/01/97.

A 3.850 Appeal was filed with the FSC on 07/11/97. Issues raised included various claims as to whether the defendant was denied effective assistance of counsel during his penalty phase, whether the trial court’s refusal to find mitigating circumstances was unconstitutional, and whether the State withheld exculpatory evidence. The FSC found all of the issues either harmless or without error and affirmed the trial court’s denial of the 3.850 Motion on 03/15/99.

A 3.850 Motion was filed with the State Circuit Court on 06/17/02 and was denied on 12/03/02.

A 3.850 Appeal was filed with the Florida Supreme Court on 01/10/03 and was currently pending.

Florida habeas corpus

A Petition for a Writ of Habeas Corpus was filed with the FSC on 03/27/00. Issues raised included whether the defendant’s appellate counsel was ineffective for failing to present error regarding the admission of details surrounding Jones’s prison escape and certain photographic evidence and whether the Court improperly upheld the trial judge’s instruction to the jury of two legally inapplicable aggravators. The FSC found all of the claims to be either harmless or without merit and denied the Petition on 07/05/01.

Federal habeas corpus

A Petition for a Writ of Habeas Corpus was filed with the U.S. district Court, Northern District, on 05/22/00 and amended on 03/14/02. On 08/23/02, the USDC ordered the petition held in abeyance pending the resolution of state claims.

Sentencing

Clarence Jones was sentenced on 09/26/89. The jury recommended Death by a vote of 11-1.

Sentences imposed:

Outcome

The Florida Supreme Court affirmed the convictions and the sentence of death on 05/16/91.

The United States Supreme Court denied certiorari on 10/07/91.

The State Circuit Court denied the 3.850 Motion on 04/01/97 and later denied a subsequent 3.850 Motion on 12/03/02.

The Florida Supreme Court affirmed the denial of the 3.850 Motion on 03/15/99 and denied the Petition for a Writ of Habeas Corpus on 07/05/01.

Other details

Florida Supreme Court opinion 74866, opinion SC00-660, DC # 117629. DOB: 03/09/55. Date of Offense: 07/08/88. Date of Sentence: 09/26/89. Circumstances of Offense: Tallahassee police officers Ernest Ponce de Leon and Greg Armstrong responded to a call on July 7, 1988, concerning a car that was parked behind a laundromat.

A 3.850 Appeal filed with the Florida Supreme Court on 01/10/03 was pending.