I have occasionally seen Sandra bring up other possible suspects. These are, as far as I am aware, people who have been linked by DNA or by witnesses to the scene.
I’d be interested to hear your thoughts on why Donald Findlay QC put forward James Falconer as an
alternative suspect and by the time he was named in the press - by the next day he was ruled out?
”The DNA link, however, has been disputed in court, with prosecutor John Beckett QC telling a recent hearing that DNA from Mr Falconer was "no match whatsoever" with samples collected12th February 2008“A MAN named by Luke Mitchell's lawyers as an alternative suspect in the Jodi Jones murder today declared he was "100 per cent innocent".
James Falconer hit out after being identified as a possible suspect in papers lodged by Mitchell's defence team at the Court of Appeal.
He accused Donald Findlay QC, who is leading the appeal, of dragging his name into the mud and accused the lawyer of "sheer desperation".
Mr Falconer, who lives only a few minutes' walk from the secluded spot were 14-year-old Jodi was killed, has been questioned by police in connection with the brutal murder. But detectives are understood to have ruled him out of their investigations.
Mr Falconer, of Reed Drive, Dalkeith, was identified by Mitchell's legal team after being linked to a condom found near the woodland murder scene.
He said: "I was questioned by police and they cleared me. I think it's tragic my name has been dragged into this by Donald Findlay.
"I had nothing to do with the murder. I could never do something like that. I'm 100 per cent innocent."
The defence team alleges that a recently-used condom was found 50 metres from the spot where Jodi was killed, in June 2003. They added that DNA swabs matched a sample taken from Mr Falconer, who they claim also gave false statements to police.
The DNA link, however, has been disputed in court, with prosecutor John Beckett QC telling a recent hearing that DNA from Mr Falconer was "no match whatsoever" with samples collected.The defence has yet to decide whether to pursue the "fresh evidence" as part of their bid to free Mitchell. Judges would also have to rule whether the evidence was admissible.
Mr Falconer – who is in his mid-20s and lives with his mother Ann and brothers Bryan and Mark – said he had been worried about being targeted as a hate figure. He said: "I didn't know what would happen when it came out. But I've had a great reaction from family, friends and neighbours, who have been very supportive.
"We all know that Luke did it. This case has been hanging over Dalkeith for years. It must be terrible for Jodi's family, so the sooner it goes away the better."
His mother Ann, a nurse, said: "I know my son has done nothing wrong. He didn't have anything to do with the murder."
Mitchell, now 19, was sentenced to serve at least 20 years for the murder of his girlfriend, but the courts started hearing his appeal against the conviction last week.
Court documents submitted by his lawyers said a DNA match between the used condom and Mr Falconer would have been "the cornerstone of the defence case" in the original trial.
The papers added: "This additional evidence is of such significance that the verdict returned in ignorance of it must be regarded as a miscarriage of justice.
"His explanation given to police for semen in a condom lacked credibility and aspects of his statement have proven to be false.
"This condom directly links James Falconer to the scene at or around the time of the murder."
A second "suspect" was also named by Mitchell's team as Mark Kane, an alleged drug user studying at Newbattle Abbey College in Dalkeith, who was "untraceable" during the murder hunt.
https://www.scotsman.com/news-2-15012/i-didn-t-kill-jodi-1-124941213th February 2008
Mitchell legal team drops interest in Jodi 'suspect'“LAWYERS for Luke Mitchell have dropped their interest in one of two new "suspects" for the murder of Jodi Jones, it was announced yesterday.
Attention continues to be focused on the other man, but a court heard that the person who had put forward his name had been hoping to sell the story to the media.
Meanwhile, the prosecution began its reply to claims Mitchell's conviction for murdering Jodi should be quashed, and insisted that there had been no miscarriage of justice.
"There was no direct evidence against him and the case was entirely circumstantial in nature. But there was both sufficient evidence and a rational basis for the conviction," argued the advocate depute, John Beckett, QC.
Mitchell, 19, was found guilty of murdering Jodi in woods off a path near her home in Dalkeith, Midlothian, in June 2003, when they were aged 14, and he was ordered to serve a minimum of 20 years under a life sentence. His appeal is based on several grounds, including that he had not received a fair trial and that there was insufficient evidence to justify the verdict.
His lawyers have also reported to the Court of Criminal Appeal that they are working on an additional ground, which would require the leave of the court to be presented because the time for lodging it has expired.
That ground related initially to two men, Mark Kane and James Falconer, against whom, it was suggested, there was evidence as compelling as the case made against Mitchell.
Donald Findlay, QC, told the appeal judges yesterday that inquiries were continuing in respect of Mr Kane, a student at Newbattle Abbey College, Dalkeith, at the time of the killing. He said Mr Kane "ticked all the boxes" as much as Mitchell was alleged to do.
We have a man who managed to stay below the police radar, a man who lived in the vicinity and who knew the vicinity. He has said to a witness that he was passing the end of the path at or about the time of the murder. He is a man who, in the days after the murder, is behaving oddly, even bizarrely, and has scratch marks to his face which he is trying to hide. He gives an explanation that does not convince those who receive it," said Mr Findlay.
This week, in a newspaper interview, Mr Falconer said he was "100 per cent innocent".
Mr Findlay told the appeal court that "as a result of investigations" he was no longer pursuing an interest in Mr Falconer.
The Crown objects to the new ground being presented, and Mr Beckett told the court that investigations had been carried out after a witness, Scott Forbes, put forward Mr Kane's name.
He indicated Kane had written an essay, Killing a girl in the woods. The Crown had police take a statement from a lecturer and the lecturer confirmed that Kane wrote no such essay. I have information that Scott Forbes told Mark Kane, 'Just admit it … we will get 50,000 from the newspapers'," Mr Beckett said.
https://www.scotsman.com/news-2-15012/mitchell-legal-team-drops-interest-in-jodi-suspect-1-1154608
