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Urine under bed paints picture of oddball killer



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Almost five years after the horrific murder of their carefree 14-year-old daughter on a woodland path near Dalkeith, Jodi Jones' family can today finally close the door on the court battle to ensure her killer receives justice. Crime Reporter ALAN McEWEN looks at the failed appeal by Luke Mitchell's lawyer to overturn his murder conviction.
IT was the strong smell of ammonia which first struck detectives when they walked into Luke Mitchell's bedroom.

If that initially puzzled them, then their next discovery would startle even the most hardened investigators.

There lying under the
teenager's bed were bottle after bottle of a cloudy liquid, looking suspiciously like urine.

More bottles were hidden away in drawers, some wrapped up in socks. Soon there were 20 bottles lying in front of the bewildered detectives. Lab tests would later show they were the 15-year-old's own urine.

As the evidence was bagged and labelled by forensic officers, along with items including a CD of shock rocker Marilyn Manson and a knife pouch inscribed with the demonic number 666, detectives can have had little idea how controversial their finds would become.

They would prove to be crucial in convincing first the procurator fiscal, and then a jury at the High Court in Edinburgh, that the police had indeed caught the killer of Jodi Jones.

The Crown used these finds, and further police discoveries about Mitchell's often bizarre behaviour, to paint a picture of a dysfunctional boy, obsessed with knives and the macabre, and capable of duplicity.

Their reliance on this circumstantial evidence would, perhaps inevitably, lead to the whole case against him being challenged.

Mitchell's legal team focused on the use of colourful details about his often bizarre habits, and the behaviour of the police, as they built their case for appeal.

In February, at the Appeal Court in Edinburgh, Donald Findlay QC would argue that prosecutor Alan Turnbull and his team effectively smeared the teenager's character during the original trial.

The suggestion was that all the talk of oddball behaviour was little more than smokescreen. They argued that it was designed to distract the jury's attention away from a lack of any hard evidence, such as DNA or a murder weapon.

Mitchell's mother Corinne – who has devotedly stood by him, regularly visiting him at Polmont Young Offenders Institute – watched on impassively throughout the 10-day appeal.

The 47-year-old, usually smartly dressed in sombre trouser suits, only occasionally broke her concentration on the evidence to whisper at crucial moments to her female companion.

She had waited more than three years to hear someone stick up so publicly for her son.

She heard Findlay tell the Appeal Court the discovery of the urine bottles should never have been mentioned to the jury during his trial.

"What this evidence was intended to do was to create some prejudice in the minds of the jury to the effect that Mitchell was an oddity with a habit which some people would regard as unsavoury, at least, and bizarre, at the other end of the scale," he said.

He added: "The leading of this evidence, which had nothing whatever to do with the death of Jodi, was manifestly unfair and unnecessary."

He particularly questioned the way the prosecution introduced as evidence a Marilyn Manson CD which Mitchell bought two days after the murder. It was apparently the only Manson CD the schoolboy owned.

The jury were shown excerpts from the bonus DVD included with the album – The Golden Age Of Grotesque – featuring scenes of two girls tied together near a country track and struggling as hoods are placed over their heads. Jodi's body had been discovered by a woodland track.

The prosecution also produced some of the singer's original paintings, depicting the mutilated body of Elizabeth Short, the infamous 1940s Hollywood murder victim known as the Black Dahlia.

The respected pathologist Professor Anthony Busuttil, who carried out the post mortem on the murder victim, testified to similarities between Jodi's catalogue of savage wounds and those found on Short's corpse.

Findlay, himself one of Scotland's most persuasive courtroom operators, would suggest the Crown had "skilfully" exaggerated evidence "to obtain from it some kind of sinister inference".

Mitchell's appeal team would also question the behaviour of detectives during the investigation, suggesting they bullied the 15-year-old, behaving like "interrogators" trying to "break his resistance".

The interviewing officers, he pointed out, accused the schoolboy of selling cannabis, called him a "hash-head" and accused him of carrying a Bowie knife and being obsessed with knives.

Findlay said at one point Mitchell, now 19, responded: "I don't know what a Bowie f****** knife looks like."

At this point the appeal judge Lord Osborne interrupted, saying: "He is not exactly a wilting violet in giving a reply like that."

Findlay contended: "The police were provoking this 15-year-old and they were trying to get at him and it was working."

Mitchell's defence team argued that overall there was an "enduring sense of unease" surrounding the evidence used to convict their client.

Findlay argued there was simply not enough evidence to find Mitchell guilty beyond reasonable doubt and that police made errors as they investigated the case.

He also claimed Mitchell did not get a fair trial because his case was heard too close to where the crime took place.

Mr Findlay argued the "unreasonable" decision not to move the high-profile trial away from Edinburgh was enough to result in a miscarriage of justice.

It was claimed that "emotional" media coverage in the wake of the killing – and coverage "hostile" to Mitchell – would have had the greatest impact in the minds of people living in and around Edinburgh. Findlay dismissed the total evidence presented by the Crown as being "exaggerated out of all proportion".

It was evidence, though, which moved the original trial judge Lord Nimmo Smith to tell Mitchell he had committed "a truly evil murder".

Today, the appeal court effectively upheld that view.

Luke Mitchell loses murder appeal
Urine under bed paints picture of oddball killer
How the case against Luke Mitchell unfolded
Read summary of the appeal court decision




The full article contains 1036 words and appears in Edinburgh Evening News newspaper.
Page 1 of 1

  • Last Updated: 16 May 2008 1:17 PM
  • Source: Edinburgh Evening News
  • Location: Edinburgh
  • Related Topics: Jodi Jones murder
 
1

Gastric Antral Vascular Ectasia,

16/05/2008 13:25:17
Remember when people used to write like this? It in the 1940s, I believe.
2

Buttress,

16/05/2008 14:31:04
Remember Edgar Lustgarten?

So - keeping bottles of urine makes you a killer?

This article is a shameful, sensationalist interpretation of the case. The boy has a family too. Guilty or not (and it's not still proven beyond reasonable doubt) try to spare his mother any more agony.



3

I still don't believe it !,

16/05/2008 14:43:44
Stuff HIS mother. He's guilty beyond the reasonable doubt of any reasonably minded person. Save your sympathy for the mother of his victim.
4

Buttress,

16/05/2008 14:51:29
My sympathy goes to all involved with this dreadful tragedy. I'm sorry that yours doesn't.

5

Mensa George,

Washington, DC 16/05/2008 15:44:16
Maybe he was a rare non-user of drugs and was selling the urine to job applicants.
6

alex paterson,

At the moment in Sevilla 16/05/2008 15:54:50
If the stories i have heard about this weird lad are true,his urine would be fine with a touch of diet coke in it.
7

I still don't believe it !,

16/05/2008 17:17:04
Buttress- That vermin's mother lied for him, and she'll go on bleating about his innocence as long as she can. I can have no sympathy for that woman and I doubt many people will.

Save your bleeding heart for a more deserving cause, this was no tragedy, it was evil murder by an evil, manipulative rat.
8

wrinkly leftie,

Edinburgh 16/05/2008 18:38:21
No 7,this was a witch hunt. The Evening News metaphorically handed out the flaming torches to the slack jawed villagers and here they are at it again.
People who commit crimes like this ALWAYS have a history and they always - ALWAYS - leave evidence. There was no evidence against Luke - just a load of half-baked tabloid crap. Oooh he's a goth, oooh, he disnae believe in God and him a catholic, oooh he smokes weed.
Unless the real killer has been huckled for something else he's still out there and that is scary.

9

Buttress,

16/05/2008 19:49:54
The Evening News metaphorically handed out the flaming torches to the slack jawed villagers and here they are at it again.


Well said.
10

Dunaskin,

Edinburgh 16/05/2008 19:57:56
I'm not convinced that Luke was guilty, from what I've heard and read. He may have been guilty of being a weird teenager - is that a crime? The law is clear - unless there is clear proof of guilt then the accused is innocent. I'm not convinced either way, so, if I'd been on the jury, I'd have said 'not guilty', or at worst, 'not proven', of the murder of Jodi Jones. S
11

Richard Head,

16/05/2008 23:21:43
He murdered Jodi and now is paying the price.
A fitting judgement.
12

LAM,

Edinburgh 17/05/2008 09:34:24
Don't think any of us really know the truth of what happened that day. Yes Luke does come across as a weird teen.. The urine bottles is definitely weird... if he was simply to lazy to go and use the facilities... you would think his mother would have known and subsequently dealt with it. However the goth issue, I have to agree not my favorite but tons of perfectly normal teens go that route for a while. Teenage year for many teens are difficult transition period. But most come out of them relatively unscathed. A fascination with knife... heck ask collectors that isn't that abnormal. My son had a lovely collection.. kept in a box and never leaving the house though. He is a musician with dreadlocks to his waist... what does that make him in some peoples eyes... If they see these things as negatives ...they would be so wrong...But we all know how some people perceive a persons looks..Smoking weed again if you were born in 50,60,70 etc a large percentage of people tried it. None of these things make Luke a killer. But saying that, the numerous newpaper articles about a strange family possibly some obsessive behaviour, burning clothes etc etc... Do make you stop and think ..just because it was in the newspaper is it TRUE.. think we all know the answer to that one.. Do not know if this boy is guilty but there is some signs of a possible community lynching here. All I can say is if he did it then he is in the right place... but if he didn't then those who possibly twisted and turned and possibly manufactured evidence should not sleep at night.
13

Bannockburn Boy,

Stirling 20/05/2008 00:42:05
i have read the evidence. both sides. try murdering and mutilating a body and leave no forensic evidence. for a 15 year old can this be possible? ignore the spelling

 

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