THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, June 29, 1996 TAG: 9606290217
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: NORFOLK LENGTH: 50 lines
Tobin Jones may not understand the murder charges or the court proceedings he faces, his attorney argued Friday in a motion asking for a mental evaluation for Jones.
The attorney, Stanley Sacks, wants the evaluation - to determine whether Jones is competent to face trial - completed before Jones' preliminary hearing on July 10.
Jones is charged with murder in the death of his wife, Megan Jones, whose body was found wrapped in a rug in an upstairs bedroom of her Delaware Avenue home in May. Megan Jones, 43, suffered blunt-force trauma to the head, an autopsy determined.
Sacks said in the motion that Jones ``believes the preliminary hearing evidence will fail to establish probable cause to support the charge against him.''
In addition, Sacks said, a ``significant injustice'' could be done to Jones if he is not evaluated ``in light of the concerns expressed by family and friends, and in light of defendant's past medical history.''
Jones was hospitalized involuntarily for mental problems in March. His parents have said he has had stress-related mental problems off and on since college. Friends have said Jones began acting strangely recently.
``Based upon a combination of information provided . . . by concerned family and friends of the defendant, and based upon the defendant's prior medical mental health history, there is probable cause to believe that the defendant lacks substantial capacity to understand the proceedings against him, or to assist his attorney in his own defense,'' Sacks wrote in the motion.
Commonwealth's Attorney Chuck Griffith said Friday that such motions are fairly routine in cases like Jones' and said he will probably not oppose it as long as Sacks provides evidence of Jones' problems.
``If the lawyers set forth reasons why they question the competency of the defendant, I would probably not oppose it,'' Griffith said.
In other developments in the case, a civil hearing has been set for Wednesday to determine what will be done with the body of Megan Jones, which remains at a local funeral home. Her parents have tried to get the body released so they can have it cremated. Megan Jones had wanted her ashes to be scattered on the ocean.
Tobin Jones has refused to sign release papers, saying he wants complete toxicology testing done. ILLUSTRATION: Photo
Tobin Jones may not understand the charges he faces in the death of
his wife, his attorney said. by CNB