Motion to dismiss is denied in former Ben-gal Sarah Jones' case - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Motion to dismiss is denied in Sarah Jones' case

COVINGTON, KY (FOX19) -

Almost all the rulings went against Sarah Jones' case and for the prosecution. Last month, Jones's attorney filed several motions asking the judge for things like reprimanding the prosecution for revealing information that's supposed to be sealed, to asking for the case to be dismissed.

Eric Deters was outraged last month when he saw a motion filed by the prosecution which revealed content of text messages that are supposed to be sealed. It said, "Even the text messages themselves are wrought with Sarah Jones's commands to the victim to ‘deny everything.'"

The judge ruled with the prosecution saying that didn't matter. Deters said today, in the end it won't matter because he's got some aces in the hole, "one of the aces involves something that the police did and they don't realize, they don't even know what they did, they don't even know it's a problem. It's a big problem. Another ace is the testimony of the alleged victim and Sarah, which they have no idea what that's gonna be."

Prosecutors have said they have more than 9,000 text messages between Jones and the alleged victim. "With all due respect to the prosecution, they just jump from A to Z and they just assume things from the grand jury testimony that when they all testify, because Sarah's gonna testify, this case is gonna get dismissed," said Deters. 

FOX19 Legal Analyst Mike Allen agrees, "The fact that the victim is probably going to testify in favor of Sarah is huge. And I don't know how the prosecution gets around that. I think the jury is going to be swayed by that."

Deters did win his bid to continue with a motion to suppress and Allen said that will also be a key to the case. The prosecution asked for a gag order to prevent Deters from talking publicly about the case, but Deters won.

Sarah Jones and her mother will have that motion to suppress the evidence on Sept. 21.

Copyright 2012 WXIX. All rights reserved.

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