A man convicted of a 1994 murder and sentenced to death who later saw his trial overturned won't be retried, Hamilton County Prosecutor Connie Pillich announced Friday.
A jury convicted Elwood Jones for the murder of Rhoda Nathan at a hotel in Blue Ash. Evidence used to convict Jones included an injury on his hand — allegedly from Nathan biting him while fighting for her life — and a necklace found in his toolbox similar to one owned by Nathan. Jones was sentenced to death for the murder.
Jones filed a number of appeals, which were denied. But his attorneys filed for a new trial in 2019 based on new evidence and allegations that prosecutors suppressed evidence that could have cast doubt on his guilt. Courts eventually ordered a new trial based on those claims.
Pillich said the concerns about suppression of evidence and new evidence that has come to light since — including revelations Nathan had Hepatitis B that would have very likely infected Jones had he been bitten — led her office to dismiss the case against him after months of review.
"We're not allowed to cheat," Pillich said. "We have to follow the rules, just like the defense has to follow the rules, just like the police have to follow the rules. And because we have modern science, I can look at the evidence we have collected. And that tells me that Jones is excluded as a suspect."
The previous prosecutor appealed the retrial ruling made by Hamilton County Judge Wende Cross. That appeal went all the way to the Ohio Supreme Court, which directed Ohio's appeals courts this year to reconsider the case. But Pillich said the evidence just isn't there.
"He's a free man," she said. "This case is over and won't come back to bother him again."
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