State rests rebuttal case in Michael Jones penalty phase; closings expected Wednesday
A jury may decide Wednesday whether Michael Jones should be executed or serve life in prison for the June 2014 strangulation murder of Diana Duve
State rests rebuttal case in Michael Jones penalty phase; closings expected Wednesday A jury may decide Wednesday whether Michael Jones should be executed or serve life in prison for the June 2014 strangulation murder of Diana Duve Check out this story on tcpalm.com: https://www.tcpalm.com/story/news/crime/indian-river-county/2019/11/19/state-psychologists-testify-michael-jones-penalty-phase/4218335002/
Melissa E. Holsman, Treasure Coast Newspapers Published 9:29 a.m. ET Nov. 19, 2019 | Updated 5:51 p.m. ET Nov. 19, 2019
Michael Jones' jury saw dozens of exhibits during his murder trial and p...
Assistant Public Defender Shane Manship looks over a poster created by Lena Andrews, filled with photos of her murdered daughter Diana Duve, before it was shown to jurors during the capital murder penalty phase of Michael Jones at the Indian River County Courthouse Nov. 13, 2019. MELISSA HOLSMAN/TCPALM
Assistant Public Defender Stanley Glenn, left, speaks with Fort Lauderdale psychologist Steven Gold, right, as he finishes testifying Nov. 14, 2019 at the Indian River County Courthouse during the capital murder penalty phase of Michael Jones. Gold described Jones' adolescent homelife as "a terrorized household" dominated by a rageful, unpredictable and violent father. MELISSA HOLSMAN/TCPALM
Assistant Public Defender Shane Manship talks to his client, Michael Jones, during a break at his capital murder penalty phase Nov. 14, 2019 at the Indian River County Courthouse. MELISSA HOLSMAN/TCPALM
Assistant Public Defender Shane Manship uses his arm to help Teddy Jones, who is Michael Jones' paternal uncle testifying Nov. 15, 2019 at the Indian River County Courthouse, tell a jury how he once saw his nephew being choked by his father when the convicted killer was in his 20s. MELISSA HOLSMAN/TCPALM
Lena Andrews takes the stand Nov. 13, 2019 to make a victim impact statement during the penalty phase of her daughter Diana Duve's killer Michael Jones at the Indian River County Courthouse. "I not only lost my only child, with her, I lost all my hopes, dreams and expectations," she told a jury. MELISSA HOLSMAN/TCPALM
Michael Jones' uncle Teddy Jones, of Georgia, appeared at the Indian River County Courthouse Nov. 15, 2019 to testify for the defense during the convicted killer's penalty phase. MELISSA HOLSMAN/TCPALM
Michael Jones' aunt Glynda Jones, of Georgia, testified on his behalf at the Indian River County Courthouse Nov. 15, 2019 during the convicted killer's penalty phase. MELISSA HOLSMAN/TCPALM
Plantation neurologist Dr. David Ross, who examined convicted murderer Michael Jones, waited to testify for the defense at his penalty phase Nov. 15, 2019 at the Indian River County Courthouse. His appearance was delayed to Nov. 18, 2019. MELISSA HOLSMAN/TCPALM
Neuropsychologist Joseph Sesta, of Apollo Beach, testified for the defense during the penalty phase of convicted murderer Michael Jones at the Indian River County Courthouse Nov. 15, 2019. Sesta said Jones had "mild to moderate" brain damage as a result of repeated Motocross crashes, car accidents and abuse of drugs and alcohol. MELISSA HOLSMAN/TCPALM
Convicted killer Michael Jones sits at the defense table during his penalty phase NOv. 14, 2019 at the Indian River County Courthouse. MELISSA HOLSMAN/TCPALM
Neuroimaging expert Dr. Joseph Wu, a retired psychology professor at the University of California, Irvine, testified during the defense of convicted killer Michael Jones at his penalty phase Nov. 14, 2019. Wu told a jury the brain scans he reviewed showed Jones had a decreased frontal lobe, which is the area that regulates impulse control. MELISSA HOLSMAN/TCPALM
Lena Andrews, mother of murder victim Diana Duve, created a poster filled with photos of her daughter to show to Michael Jones' jury on Nov. 13, 2019 at the Indian River County Courthouse as they decide his sentence for her June 20, 2014 murder. MELISSA HOLSMAN/TCPALM
A jury deciding the sentence of convicted killer Michael Jones see a large poster filled with photos of his victim, Diana Duve during the first day of his death penalty phase Nov. 13, 2019 at the Indian River County Courthouse. MELISSA HOLSMAN/TCPALM
Outside the courtroom, Diana Duve's stepfather Bill Andrews, middle, stands with friends and family members who hug each other and share a moment of relief after a jury deliberated for 45 minutes to convict Michael Jones of first-degree premeditated murder at the Indian River County Courthouse Oct. 22, 2019. MELISSAHOLSMAN/TCPALM
Bill Andrews, stepfather of murder victim Diana Duve, hugs Vero Beach Police Chief David Currey after a clerk announced a jury's verdict Oct. 22, 2019 finding Michael Jones guilty of first-degree premeditated murder at the Indian River County Courthouse. MELISSAHOLSMAN/TCPALM
An Indian River County Sheriff's deputy stands behind Michael Jones on Oct. 22, 2019 as the courtroom prepares for a clerk to read aloud the jury's verdict, which found him guilty of first-degree premeditated murder in the 2014 homicide of Diana Duve. MELISSA HOLSMAN/TCPALM
After Indian River County Circuit Judge Dan Vaughn dismisses the jury in Michael Jones' first-degree murder trial to begin deliberations Oct. 22, 2019, court officials prepare to wheel back to jurors a cart stacked with evidence presented during trial. MELISSAHOLSMAN/TCPALM
Once state and defense conclude their closing arguments at the Indian River County Courthouse, Michael Jones, in middle, stands with his court-appointed lawyers Oct. 22, 2019 as the 12-member jury files out for a lunch break before beginning deliberations. MELISSAHOLSMAN/TCPALM
After state prosecutors finish closing remarks in his first-degree murder trial, Michael Jones remains at the defense table during a short break before his attorneys deliver their closing arguments to his jury Oct. 22, 2019 at the Indian River County Courthouse. MELISSAHOLSMAN/TCPALM
Chief Assistant State Attorney Tom Bakkedahl takes a moment to reflect before delivering his closing arguments in the Michael Jones murder trial on Oct. 22, 2019 at the Indian River County Courthouse. "The evidence is clear," he tells the jury, "this is a case of manual strangulation." MELISSAHOLSMAN/TCPALM
During the state's closing remarks to Michael Jones' jury at the Indian River County Courthouse, Chief Assistant State Attorney Tom Bakkedahl on Oct. 22, 2019 uses a PowerPoint program to illustrate why Jones, 36, is guilty of first-degree premeditated murder in the June 2014 strangulation death of Diana Duve. MELISSAHOLSMAN/TCPALM
Eric Corrigan was the first state witness to testify in the Michael Jones murder trial on Oct. 14, 2019. He was a former neighbor who called 911 on April 30, 2014 to report a possible domestic disturbance between Jones and his on-and-off girlfriend Diana Duve, who was found murdered two months later. MELISSA HOLSMAN/TCPALM
Diana Duve's mother Lena Andrews, testified for the state during Michael Jones' murder trial at the Indian River County Courthouse Oct. 14, 2019. Andrews told jurors she called Jones at least 26 times in the hours after her daughter vanished on June 20, 2014. MELISSAHOLSMAN/TCPALM
During a break in the Michael Jones murder trial at the Indian River County Courthouse, Chief Assistant State Attorney Tom Bakkedahl, left, speaks with Vero Beach Police Chief David Currey on Oct. 15, 2019. Jones is accused of killing Diana Duve in June 2014. MELISSAHOLSMAN/TCPALM
State prosecutors on Oct. 15, 2019 show large maps to Michael Jones' murder trial jury tracking his alleged movements based on cell phone "pings." This ping location at 8:13 a.m., near a Melbourne Publix on June 21, 2014, was established by Diana Duve's mother Lena Andrews calling Jones' phone. MELISSAHOLSMAN/TCPALM
State Attorney Bruce Colton listens to testimony during Michael Jones' capital murder trial at the Indian River County Courthouse Oct. 15, 2019. MELISSAHOLSMAN/TCPALM
Vero Beach Police Cpl. Brad Kmetz on Oct. 15, 2019 shows the jury seated in Michael Jones' murder trial at the Indian River County Courthouse the red and white ball cap found in his car when Jones was arrested at a Fort Pierce hotel on June 22, 2014. Jones was recorded on video the day before at a Palm Bay Walmart wearing the same cap. MELISSAHOLSMAN/TCPALM
Assistant Public Defender Stanley Glenn is the lead lawyer representing Michael Jones at his capital murder trial Oct. 15, 2019 at the Indian River County Courthouse. MELISSAHOLSMAN/TCPALM
Jurors in Michael Jones' capital murder trial at the Indian River County Courthouse on Oct. 15, 2019 see video of him at a PNC Bank as a teller gives him $2,500. He withdrew the cash around midday June 20, 2014, hours after he's accused of killing Diana Duve at his Vero Beach apartment. MELISSAHOLSMAN/TCPALM
Michael Jones looks at a photo of Diana Duve's Nissan Altima show to the jury in his murder trial Oct. 16, 2019 at the Indian River County Courthouse. MELISSAHOLSMAN/TCPALM
State prosecutors in the Michael Jones capital murder trial used plastic models of the neck and throat in court on Oct. 16, 2019 to illustrate the fatal injuries found on Diana Duve during an autopsy conducted by a Brevard County medical examiner. MELISSAHOLSMAN/TCPALM
During Michael Jones' murder trial on Oct. 16, 2019, Indian River County Circuit Judge Dan Vaughn orders the state to remove six autopsy photos of Diana Duve from about 50 selected to present a jury that showed injuries to her face, neck and throat, as well as defensive wounds to her arms, hands and legs. MELISSAHOLSMAN/TCPALM
State prosecutors at the Indian River County Courthouse on Oct. 17, 2019 show the jury in Michael Jones' murder trial photos of three spots found in Jones' garage suspected to be blood stains. Jones views the photos from a monitor at his defense table. MELISSAHOLSMAN/TCPALM
Calvin Ratteray, a Palm Bay driver for the Black Diamond Express company, testified Oct. 17, 2019 at the Michael Jones murder trial at the Indian River County Courthouse. He said he picked up Jones at a Wendy's in Melbourne June 21, 2014 and drove him to Vero Beach. MELISSAHOLSMAN/TCPALM
The jury seated in Michael Jones' murder trial on Oct. 17, 2019 are shown photos of a clump of hair found on carpeting at the top of the stairs inside his Vero Beach rented townhouse. A monitor at Jones' defense table enabled him to see the same photos jurors were presented by prosecutors. MELISSAHOLSMAN/TCPALM
Prosecutors in Michael Jones' murder trial Oct. 17, 2019, dressed a mannequin in the jeans, T-shirt and flip flops he was wearing at a Fort Pierce hotel when he was arrested June 22, 2014. A red cap Jones' jury also saw was found in his car. MELISSAHOLSMAN/TCPALM
During Michael Jones death penalty trial Oct. 18, 2019 at the Indian River County Courthouse, friends of murder victim Diana Duve sit with her parents, Lena and Bill Andrews . MELISSAHOLSMAN/TCPALM
VERO BEACH — For jurors seated in Michael Jones' penalty phase, the last three days could be described as a parade of dueling neurology doctors, with defense psychologists saying he has brain damage and state experts testifying that's not true.
MORE: Killer Michael Jones' aunt to jury: 'He told me his dad tried to strangle him'
It's expected a jury may begin deliberating Wednesday to determine whether Jones, 36, should be put to death or serve life in prison for the June 2014 strangulation murder of his on-again-off-again girlfriend Diana Duve, 26.
Convicted murderer Michael Jones, in middle, talks with his attorneys Assistant Public Defenders Dorothy Naumann, on left and Shane Manship during his penalty phase Nov. 18, 2019 at the Indian River County Courthouse. (Photo: MELISSA HOLSMAN/TCPALM)
The same panel convicted Jones Oct. 22 of first-degree premeditated murder for brutally beating and killing Duve at his Vero Beach apartment. He spent two days covering up the crime, including abandoning her body in the trunk of her car in Brevard County.
Psych evaluations
On Tuesday, state-hired psychologist Dr. Michael Brannon, of Fort Lauderdale, testified that he evaluated Jones after his conviction and administered a range of tests.
Brannon disagreed with a defense doctor who on Monday diagnosed Jones with "dissociative amnesia disorder." Brannon also said Jones doesn't show signs of having PTSD.
MORE: 'Wicked killer' or 'brain damaged'? Jury to decide Michael Jones' punishment for Diana Duve murder
"He does not meet the criteria for Post-Traumatic Stress Disorder," Brannon testified Tuesday.
Fort Lauderdale psychologist Michael Brannon testified as a state rebuttal witness Nov. 19, 2019 during the Michael Jones penalty phase at the Indian River County Courthouse. (Photo: MELISSA HOLSMAN/TCPALM)
During his psychological evaluation, Brannon said Jones told him he didn't remember killing Duve. Jones briefly discussed why he put her body in her car and left it at a shopping plaza in Melbourne, Brannon said.
"The first thing he said was 'I just did it,'" Brannon recalled. "He said 'I don't know if I have to justify what I did.'"
Brannon concluded Jones has what's called "unspecified personality disorder," which is not a mental illness.
"I think that the defendant … has a personality disorder," Brannon said. "I think there's a number of different features or facets to it; anti-social is part of it, narcissistic is part of it, borderline is part of it … it's a combination of different personality traits, not any one specific one."
On Monday, a defense radiologist and a neurologist testified that Jones, a former wealth management adviser at PNC Bank, who has a law degree, has a cognitive disorder caused by brain damage.
Both experts said a review of PET scans and CT scans show Jones' brain has signs of atrophy in the frontal lobe, which regulates impulses and his temporal region also showed signs of damage.
Plantation neurologist Dr. David Ross, who examined convicted murderer Michael Jones, waited to testify for the defense at his penalty phase Nov. 15, 2019 at the Indian River County Courthouse. His appearance was delayed to Nov. 18, 2019. (Photo: MELISSA HOLSMAN/TCPALM)
The experts, Dr. Michael Foley, of Tampa and Dr. David Ross, of Plantation, testified the brain damage likely was caused by multiple crashes Jones had in his youth racing Motocross.
Ross said during Jones' evaluation, he admitted killing Duve during what the neurologist described as "an episode of episodic discontrol" brought on by extreme alcohol impairment, anger and an explosive relationship.
MORE: Diana Duve's killer Michael Jones convicted in near record time
"He was drunk, brain damaged and committed a violent act," Ross said of Jones.
Ross further diagnosed Jones with "traumatic encephalopathy syndrome," a condition that develops from repeated blows to the head.
The brain damage claims were later challenged by a state-hired radiologist, Dr. Lawrence Holder, of Jacksonville, who said brightly colored PET scans of Jones' brain Foley presented to the jury had been altered.
Radiologist Dr. Lawrence Holder, of Jacksonville. testified as a state rebuttal witness during the penalty phase for convicted killer Michael Jones at the Indian River County Courthouse Nov. 18, 2019. Holder challenged defense experts who claimed PET scan images of Jones' brain showed he had frontal lobe brain damage. Holder said images shown to a jury marked by areas of red, green and yellow, had been "manipulated." (Photo: MELISSA HOLSMAN/TCPALM)
"This does not look like any PET scan I have ever seen," Holder said Monday. "These are very different color scales and they've been manipulated."
Holder, who showed jurors the same PET scans colored in shades of gray, said based on his review of the images, Jones didn't show any signs of brain damage.
MORE: Michael Jones at trial stares at his lap as jury sees photos of Diana Duve's body
Before the state rested its rebuttal case Tuesday, Tampa psychologist Michael Gamache told the jury "there's no evidence that Mr. Jones suffers from substantial impairment in his activities of daily living."
Tampa psychologist Dr. Michael Gamache, left, consults with Chief Assistant State Attorney Tom Bakkedahl during a break in the Michael Jones penalty phase Nov. 19, 2019 at the Indian River County Courthouse. (Photo: MELISSA HOLSMAN/TCPALM)
Gamache said if Jones had either a major or minor cognitive impairment from brain damage, it would show up in his behavior handling daily life.
"There's absolutely no evidence that Mr. Jones couldn't manage his money, couldn't manage his medications and in fact, Mr. Jones was evidently so good at managing money he was managing other people's millions of dollars for a living and being paid handsomely for it," Gamache said. "That's like the polar opposite of what you would expect to see in somebody with major neurocognitive disorder."
MORE: Mother of murdered Diana Duve: 'Nobody will ever again call me mom.'
This testimony is presented to assist jurors in going through a process of weighing aggravating factors that prosecutors argue support the death penalty and mitigating circumstances that advocate for a life prison term. Mitigating factors aren't introduced to excuse Duve's murder but can be considered for the sake of determining punishment.
Under Florida law, a verdict of death requires the 12-member jury to vote unanimously in favor of execution. If one juror votes for life, the sentence will be life in prison without parole.
After a verdict is reached, Indian River County Circuit Judge Dan Vaughn will set a date to impose Jones' sentence. By law, Vaughn may override a verdict of death and order him to serve a life term.
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