In August 2022, a hearing was held to determine if there was enough evidence to grant Elwood Jones a new trial. Elwood’s defense presented over 4000 pages of evidence that the prosecution had withheld in the original trial.

On December 20th, 2022, Judge Wende Cross ruled in favor of Elwood Jones. Judge Cross determined that there was material evidence withheld, resulting in a Brady Violation, thereby granting Elwood a new trial. Material evidence means evidence that could have changed the outcome of his trial and a Brady violation means that the prosecution did not do what they were supposed to do whether by negligence or malice. 

Judge Cross stated, “When prosecutors withhold evidence that they are duty bound to turn over, they undermine the constitution, the supreme court’s case law and the premise of justice. Brady violations not only send potentially innocent people to prison but they reinforce a win at all costs mentality that undermines the pursuit of justice.”

There will be another hearing in January that will determine the next steps.