BALLARD, John R. (W/M)

DC#    181741

DOB: 09/03/68

­­­Twentieth Judicial Circuit, Collier County Case # 01-1353

Sentencing Judge: The Honorable Lauren Brodie

Attorney, Trial: Michael Orlando & Joe Rineila –Assistant Public Defenders

Attorney, Direct Appeal: Paul Helm – Assistant PublicDefender

Date of Offense:         03/07/99

Date of Sentence:       05/23/03

Circumstances of Offense:

Jennifer Jones and Willie Patin lived in an apartmenttogether, and were planning to move to Texas on Monday, March 8, 1999.  Friendsof Jones and Patin noted that John Ballard was an acquaintance of Jones andPatin, and he was frequently a guest in the apartment several times prior toand also including the weekend prior to March 8^th.  It was wellknown that Jones sold marijuana out of the apartment and considerable sums ofmoney were typically present in several locations in the apartment.

Ariana Harralambus, a friend of Jones and Patin tried tocontact the couple on March 8^th, but was unsuccessful.  She wasconcerned and called Jones’ father to help her investigate.  They gained accessto the apartment by prying the sliding glass door open and discovered Jones’body in the master bedroom and Patin’s body in the spare bedroom. 

Forensic technicians lifted several fingerprints from thebed frame and several hairs were found clutched in the hands of both Jones andPatin.  Both Jones and Patin died of blunt force trauma to the head.    

Subsequent to themurders, law enforcement personnel questioned Jones and Patin’s acquaintances,including Ballard.  Forensic analysis determined that the fingerprints found onthe bed frame belonged to Ballard, and the hairs found in the victims’ handswere consistent with the hair of Ballard. Ballard hypothesized that Jones andPatin were robbed and killed by others who knew about the money that wasfrequently kept in the apartment.  Ballard also told investigators that hewitnessed a drive-by shooting.  During the week prior to the murders, severalshots were fired into the apartment’s windows.    

Prior Incarceration History in the State of Florida:

Trial Summary:

06/14/01          Indictedas follows:

                                    CountI:           First-Degree Murder (Jennifer Jones)

                                    CountII:         First-Degree Murder (Willie Patin)

                                    CountIII:        Armed Robbery

04/04/03          Juryreturned guilty verdicts on all counts of the indictment

04/11/03          Juryrecommended death by a vote of 9-3

05/23/03          Sentencedas follows:

                                    CountI:           First-Degree Murder (Jennifer Jones) – Death

                                    CountII:         First-Degree Murder (Willie Patin) – Death

                                    CountIII:        Armed Robbery – 15 Years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 03-1012

923 So.2d 475

06/06/03          DirectAppeal filed

02/23/06          FSCreversed convictions and vacated sentences

02/24/06          Mandateissued

Case Information:

On 06/06/03, Ballardfiled a Direct Appeal with the Florida Supreme Court, citing the followingerrors: failing to prove the charges, failing to find a discovery violationregarding the fingerprint comparison chart, finding that the defense failed toprove the mitigating factors of brain damage and impaired capacity, and failingto have aggravating circumstances determined by the jury. On 02/23/06, the FSCreversed the convictions, vacated the sentences, and remanded to the CircuitCourt for a judgment of acquittal.  The FSC determined that the evidencepresented at trial, specifically the fingerprints and hairs, were legallyinsufficient to support the convictions. 

Law Enforcement / Prosecution Statements:

Ina statement to the St. Petersburg Times, Assistant State Attorney MichaelProvost still thinks Ballard was guilty of murder:

I don't want to make it sound like sour grapes, but wethought we had enough evidence to convict and the jury did, too.  There was onehair you could identify in that whole apartment and it happened to be John Ballard's and it happened to show upin her hand.  I don't think that's probable unless he's a really unlucky guy.Same with the fingerprint.

Ina statement to the Naples Daily News, Provost said, "We certainly knewthat it was a close case going in.  I'm disappointed, mostly for the victims'families.”

Defense Statement:

Ina statement to the St. Petersburg Times, Assistant Public Defender MichaelOrlando says that Ballard was a victim of pressure:

“You'redealing with the intensity of the courtroom in this particular case.  All thesethings tend to put a lot of pressure on jurors."

Current Status:

On 02/24/06, Ballard wasreleased from Union Correctional Institution. 

CollierCounty Sheriff's Office officials have said Ballard is the primary suspect inthe November and December 1999 slayings of Glenn Soos, Ballard’s brother-in-law,and Allie Walsh, who had been his sister's roommate.  Detectives consider bothcases to be open and active.

Report Date:   08/07/06          JFL