TEN FACTS THAT PROVE LUKE WAS THE KILLER
The hard facts that prove Luke Mitchell murdered his 14-year-old girlfriend Jodi Jones in cold blood .. but controversial TV documentary chose to ignore
Crime Reporter Jane Hamilton answers the key questions often raised by those who believe he should be cleared
A CHANNEL 5 documentary which cast doubt on the conviction of Jodi Jones killer Luke Mitchell has thrown the 2003 murder back into the spotlight.
In 2005, at the High Court in Edinburgh, Mitchell was found guilty of killing his then-girlfriend Jodi, 14.
In the two-part series Murder in a Small Town, which aired last week, Mitchell, now 32, insists he is innocent.
And crime expert Dr Sandra Lean has launched a petition calling for a “fully independent inquiry” into the conviction.
But many – including senior police officers and Jodi’s family – are angry that the TV documentary failed to point out key facts.
Four attempts to overturn Mitchell’s conviction have failed.
Here, the Record answers the key questions often raised by those who think Mitchell should be cleared.
And we explain the key evidence that convinced a jury – beyond all reasonable doubt – that Mitchell killed Jodi.
Why wasn’t Luke’s DNA on Jodi?
Mitchell’s DNA was actually found on her bra and her DNA was found on Luke’s trousers.
But in an agreement between the Crown and his defence team, led by Donald Findlay QC, it was decided the issue of DNA wasn’t relevant as the pair were in an intimate relationship.
What was Luke’s alibi and why didn’t the jury believe him?
Mitchell’s alibi was that he was at home cooking dinner when Jodi died on June 30, 2003.
But his brother Shane gave crucial evidence during the trial which cast doubt on this.
Mitchell lived in Newbattle, Midlothian, with his mum Corinne and his older brother, Shane.
Corinne gave evidence that when she returned home from work at 5.15pm, he was in the kitchen.
In a statement to police, Shane said he recalled seeing Luke in the kitchen “mashing tatties”.
But when Shane was questioned by officers the following year, he said he had been looking at porn on the internet in his bedroom and this is not something he would have done if there had been anyone else in the house at the time. This contradicted what Luke Mitchell and his mum told police.
What about the witness who said she saw Luke and Jodi at the entrance to the path as she drove past then couldn’t pick him out in court?
Andrina Bryson’s evidence was considered an important element in the Crown’s case as she came forward independently to say she saw a male and a female at the Easthouses part of Roan’s Dyke at about 4.50pm.
She described the male as wearing a khaki green, hip-length, fishing-style jacket. Its collar was up and it had a pocket which was bulging.
She picked out a photograph of Mitchell although could not identify him at court.
She was unable to identify the female who she only saw from the back but gave a description which was close to fitting Jodi.
The prosecution asked the jury to accept that this was a sighting of Jodi and Mitchell.
Two other witnesses also identified Mitchell as the young man they had seen at the Newbattle end of the path around 50 minutes later.
What is the significance of the speaking clock phone call?
At 4.54pm, Mitchell made a call to the speaking clock from his mobile.
When asked by police why he had called the service when presumably if he was in his house as his alibi claimed, there would be other ways to find out the time such as a clock, he said he couldn’t say why.
This backed up the prosecution case that he was on his way to meet Jodi at their prearranged time.
What was significant about Jodi’s body being discovered by Mitchell?
Mitchell discovered Jodi’s body, which was hidden behind a wall on the path, after claiming his dog led him to the scent.
Family members with him said he appeared to know where the body was.
They contradicted his evidence the dog had led them to the wall.
He also showed no emotion at the horrifying find. He mentioned a
distinctive hair clasp which was not readily visible on Jodi’s body and his description of her clothing implied he had seen her much later than just at school as he had claimed.
What about the missing knife?
Mitchell owned a “skunting” knife which has never been found despite an extensive search of his house.
The pouch from the knife was later found. Inscriptions on it read: “666” ‘JJ 1989-2003” (Jodi’s birth and death).
And the missing jacket?
Luke was often seen wearing a parka-style jacket and it was described by witnesses who saw him that night. When police searched his house, the jacket had gone.
The prosecution sought to link this with evidence that a log burner in the garden of Mitchell’s home had been used that night with an unusual smell as reported by neighbours.
The court was also told Corinne had bought her son a new jacket identical to the missing one.
Were there any other suspects?
Mark Kane – who it was alleged was in the area at the same time as Jodi and had scratches on his face – was cleared of any involvement by police. His pal Scott Forbes said Kane, who later died, had written an essay on “killing a girl in the woods”.
But John Beckett QC, for the Crown, said a statement from a college lecturer “confirmed Kane wrote no such essay”.
What’s the connection with the Black Dahlia murder?
Two days after the murder, Mitchell bought a Marilyn Manson DVD which included images of naked women tied together.
Manson had an exhibition which included images depicting the death of the actress Elizabeth Short, also known as “The Black Dahlia”, who murdered in Los Angeles in 1947.
Professor Anthony Busuttil, the pathologist who examined Jodi’s body, gave evidence that there was some similarity between the location and the injuries inflicted on Jodi and those on the actress.
What about the used condom found near Jodi’s body?
Jodi was NOT sexually assaulted in any way.
Mitchell’s defence team claimed the DNA in the condom belonged to another man – James Falconer – but during an appeal hearing, lawyer Findlay told the judges he was dropping any further claims about James.