It was a cold January night back in 1975, a night when the temperatures dipped to the mid 20s. There were no clouds in the coal-black sky, but the overhead inky nothingness was peppered with thousands of tiny off-white dots—winking and flickering wintertime stars.
The victim, a fragile 88-year-old retired school teacher, Eva Jones, was in her modest home located less than a hundred yards, just short of a football field’s distance, from the local police department. She was at home alone, typical of most evenings, when the stranger forced his way through the front door.
Minutes later the elderly woman had been choked, raped, and robbed of $40 cash, all the money she had in her possession. Her attacker then slipped away as quickly as he’d arrived.
The old woman managed to get to her phone and dialed the number to summon police. When the dispatcher answered the call she heard a female voice gasping for breathe as she pleaded for help. Since the station was within sight of her home, officers arrived right away and found the partially-clad victim of the brutal assault.
Two hours later, after being transported to the hospital, Eva Jones was dead. Before she died, though, she told police that “a negro man had torn her clothes off and had choked her.” No further details. Just the man’s race. And then she was gone, leaving police with little—practically nothing—to help with their investigation.
During the next few days police questioned several men who’d been seen in the area, nearly two dozen, or so, but they were each cleared and sent on their way. Eventually, officers set their sights on a 32-year-old man, Curtis Jasper Moore, who’d been recently released from a psychiatric hospital.
Investigators interrogated the man for approximately six hours, nonstop, but Moore never, not once, admitted involvement in the murder of the woman. During the taped questioning, the man repeatedly hummed the theme song of a popular western television show. His mind and thoughts strayed from the matters at hand, and his statements were inconsistent. Some of his words, though, were taken as incriminatory.
So police took the man to the woman’s house—the scene of the murder—hoping the visit would illicit a confession. Again, some of his words, while confusing, were thought to be incriminating, including a couple of statements that seemed to indicate that he’d been inside the woman’s home on the night of the killing. That scant bit of “evidence” was enough for police officers who desperately wanted to close the case. Public and political pressure to do so, of course, was great. They arrested Moore for the murder and rape of the former educator.
A little over three years later, Curtis Moore, the severely mentally-challenged man, was convicted of murder, rape, and robbery and was sentenced to serve life in prison. His guilt was based almost entirely on the statements he’d made to police. There was no physical evidence that connected him to the murder scene. Due to his diminished mental capacity Moore was sent to a psychiatric hospital.
Court appointed attorneys filed state appeals on his behalf but all were denied. Next, a federal petition for a writ of habeas corpus was filed. It was only then when a U.S. District Judge ordered the confession suppressed and set aside the conviction.
The judge ruled that the interrogation was improper because the man had not been offered the Miranda warning until after at least four hours of interrogation had passed. The judge also determined that the state was unable to prove that the man understood his rights after investigators finally got around to advising him.
It took a year and half after the judge’s ruling for the appeals court to affirm his decision, and when they did, finally, the man was released from prison pending a new trial. It was three years after his conviction that he was able to set foot outside of institutional walls.
Prosectors, with no evidence on which to rely, elected to not pursue the case and dismissed it..
Twenty-four years later, the governor of Virginia ordered testing of biological evidence that was found contained in the files of a recently deceased state crime analyst, Mary Jane Burton. Burton, for whatever reason, secretly taped small swatches of biological evidence—samples she used for blood typing—to her test sheets and then placed those sheets in her permanent hard-copy files.
The Burton evidence was discovered in 2001 when The Innocence Project requested all files on behalf of Marvin Anderson, a man convicted of rape. He fought and continued fighting to prove his innocence after his release from prison based on Burton’s saved/hidden evidence..
But saving bits of biological evidence was not the norm. Actually, by preserving the samples the examiner violated the lab protocol that all evidence was to be returned to the submitting agencies/investigators. However, by breaking department rules, the saved evidence samples were indeed tested per the order of the governor and the results produced were nothing short of stunning.
The rule-breaking, highly-meticulous Mary Jane Burton and I have a couple of loosely-based connections.
- It was Mary Jane Burton who determined the identifying characteristics of biological evidence that would later convict Timothy Spencer, the serial killer known as The Southside Strangler. Spencer was the first person in the U.S. sentenced to death based on DNA evidence. I witnessed Spencer’s execution via electric chair.
Author Patricia Cornwell worked in the state lab at the same time as Burton. Dr. Marcella Fierro, the state’s chief medical examiner, a colleague of Burton was the inspiration for Cornwell’s character Kay Scarpetta. Dr. Fierro’s office conducted the autopsy on the bank robber I was forced to shoot and kill during a shootout beside a major interstate highway. Dr. Fierro and her assistant had dinner with Denene and me at the Commonwealth Club in Richmond, Va. the night Denene received her PhD.
In 2008, the evidence in the Jones murder case that was found in Burton’s file was submitted to the lab for DNA testing. The DNA tests proved that, without a doubt, the murder of Eva Jones could not have been committed by Curtis Jasper Moore.
I imagine Pope is currently residing in a state-run prison somewhere in Virginia after nearly and literally getting away with murder because two cops flirted with disaster by allowing tunnel vision and political pressure take over their investigation. And for taking advantage of an obviously mentally ill man.