For the first time in over 16 years Patrick Cody McCormick is breathing free air but whether this is a temporary respite from a life sentence or a permanent state of affairs still remains to be seen.
McCormick who had his murder conviction overturned last November by the Nevada Supreme Court was granted and posted bail Monday in Elko as he waits for a new trial later this year.
The fact that McCormick must again face a trial was a victory of a sort for the family of the murdered boy.
Elko district Attorney Marc Torvinen could have decided to drop the charges on the condition that McCormick sign a waiver not to seek damages from the state.
“That is done all the time and it should have been here,” said McCormick’s new attorney Rick Cornell.
“We are pleased that the State has decided to re-try the case; I believe there would have been a different outcome had it not been for the overwhelming support of the community and specifically the support of Mr. Howard Copelan and the High Desert Advocate.” said Jacob’s father Ben Jones. “We have faith that the facts of this case are still relevant and justice will once again prevail.
We handed out over 200 flyers at the local grocery stores and were surprised at the support of all who took the time to speak with us.”
McCormick was tried and convicted of the 1995 murder of then 14 month old Jacob Jones.
His trial gain notoriety not only because of the age of the victim but also because McCormick was represented by “rock star” attorney Ron Yengich of salt Lake city and the fact that Yengich lost.
In addition to possibly freeing McCormick, the court’s finding that the Carlin miner deserved a new trial because his original attorney was grossly incompetent sent shock waves across the intermountain west.
“We aren’t talking about some inexperienced, under paid public defender,” said Cornell. “This is Ron Yengich, who is promoted as the best defense attorney in the west.”
Yengich, Cornell said, was retained shortly after McCormick was arrested in 1995, for the murder of Jacob Jones the son of McCormick’s live in girl friend, Jennifer.
Jennifer had separated from her husband, Ben Jones, and had taken up with McCormick with her two children at a Carlin trailer park.
With a new trial looming the question of who killed Jacob is now being fought again in the court of public opinion.
In statements on the High Desert Advocate’s website Jacob’s mother and McCormick’s brother point fingers in different directions.
“On behalf of the McCormick family, our hearts grieve for Jacob and our prays are ever said for the many lives that were altered that tragic day in 1995. We wish to see, the same as everyone else, that justice be fulfilled for the murder of Jacob. To date it has not. This is evidenced by the fact that three Justices of the Nevada Supreme Court assigned to the appeal believe that the original trial was completed incorrectly and that the person in prison may actually be innocent. They have ordered that he be retried or released. They did not enter this decision by emotion, under political duress or without evidence.
For justice to be fulfilled then the professionals must performed their full due diligence and make decisions based on fact. As is stated in the evidence there are three issues present that may have caused the death of Jacob. The first is blunt force trauma to the brain. This is evidenced by a bruise to the forehead, second, Shaken Baby Syndrome and third suffocation by anaphylactic shock. While the medical professionals disagree as to the primary cause of death they generally concur that all three elements were present and contributed to the death of the child. The only question to be asked is “who is responsible for these three acts?” Jennifer Jones testified in the trial that the night before the death of Jacob the child fell in the bath tub hitting his head on the faucet causing the bruise to the forehead. She latter testified in court that she gave Jacob who was experiencing bronchitis an adult size tablet of penicillin. She knew Jacob was allergic. There was no prescription from a doctor and the child had previously experienced a reaction to a smaller dose. She then testified that when she returned to the home and found Cody performing CPR on the child that she “picked up Jacob and shook him vigorously for more than two minutes.” The court will find the evidence and testimony in the original manuscripts just as the three Justices did.
It will soon be for the courts to decide if a person who knowingly gives a substance to a child that will cause his throat to swell shut, who is 45 minutes from a hospital, who fails to tell anyone and leaves the child alone in a back room to suffocate is guilty of first degree murder.
It is our prayer that the professionals will put aside their bruised egos and conduct this trial the right way. They will find that the opinions of both of the pathologists are correct, there is no need to retry Cody and that the responsible party has already confessed in court to the death of Jacob.
What wrong did Cody McCormick due to justify 17 years in prison. He is guilty of taking a single mother and her two children into his home. There was never any testimony or evidence that he previously abused his four children or the two Jones boys. He had offered to pay for the child to be taken to a doctor on several occasions. When he found the child suffocating in the back room he brought it to the living room and began CPR. He actually pulled the child from Jennifer’s hands when she was shaking him.
In the first trial the professionals involved found Cody guilty based on circumstantial evidence such as he had a DUI in his past, he was alone with the child for 10 minutes, and he was male. I ask the courts and legal system of Elko county why Jennifer Hallaher is entitled to a “get off with murder free card?”. I look forward to attending the trial and seeing justice performed.”
Sincerely, Jason McCormick, Cody’s Brother
McCormick was responding to an earlier post by a woman claiming to be Jennifer Jones Gallager.
“I am the mother of Jacob Jones and feel everyone should know the kind of person Mr. McCormick truely is. If I am typical trailer trash than Mr. McCormick was the head trailer trash that man hit a child who was only fourteen months old not did he hit him till he stopped crying he shook him till his brain stem was removed from the brain does that sound like a upstanding citizen to you not only did he do that but then after my son was declared leagly sic dead he held my hand and told me he had done nothing wrong he went to my sons funereal sat by my side and let me believe he did nothing wrong. I admit my mistake in staying in the abusive realationship sic he should take responsablity sic for what he did Which is kill an innocent child for no other than his crying was making him angry when I left the house that morning my son was alive and walking around yes I gave him the medication but it was not an adult dose and I certainly did not cause any of the bruising that was found. Before his attorney says things about people maybe he should get the whole story and know who he is talking about including the man he is representing seems to me he would want to know what kind a man he truely sic is aside from abusing me my older son and Jacob he also abused his own five children. Please remember that the person who’s life was taken is not given a chance to speak and tell you about his death we need to be that voice and make sure this man never hurts anybody ever again if that means leaving him in prison than lets do that please. “
[media id=1 width=320 height=240]
The autopsy of the toddler did not reveal any antibiotics in his system but did find some 20 blows to his heads consistent with shaken baby syndrome.
Shaken baby syndrome (SBS) is a triad of medical symptoms: subdural hematoma, retinal hemorrhage, and cerebral edema from which some doctors, consistent with current medical understanding, infer child abuse caused by intentional shaking. In a majority of cases there is no visible sign of external trauma. Up to half of deaths related to child abuse are reportedly due to shaken baby syndrome.
There is a very good reason why no penicillin was found in the boy, Cornell explained, it metabolizes almost immediately after it is taken. Yengich, Cornell added, told McCormick’s family that he would get one of the top pathologists in the country to counter the theory espoused by the state’s pathologist Ellen Clark and then Elko District attorney Gary Woodbury, that Jacob Jones was beaten to death and that Patrick Cody McCormick did it.
While the Salt Lake rock star lawyer did make some preliminary calls, Cornell said, he never followed through thus when the jury heard the case the cause of Jacob Jones’ case was little disputed.
Originally sentenced to 20 to life McCormick would have been up for parole in two to three years even if he had lost his appeal.
“A new trial with so much time passed would not be easy for the prosecution,” said retired District Judge Mike Memeo. “Witnesses forget, evidence is destroyed or ruined. It isn’t impossible getting another conviction but it isn’t easy.”
