DNA tests sought in ‘Avon Lady’ murder trial
Chester man appealing conviction has spent 37 years in prison
MEDIA COURTHOUSE » Defense attorney Michael Malloy made his pitch to have several pieces of evidence in a long-closed murder case subjected to DNA testing.
Leroy Evans has served 37 years of a life sentence for the 1980 slaying of “Avon Lady” Emily Leo in Chester, but Malloy and others say he was railroaded and deserves to have the case reopened.
“There were problems with the evidence, there were problems with the testimony,” said Malloy at a rally for Evans outside Chester City Hall earlier this month. “But the co-defendant, Anthony Jones, has given a sworn statement, 73 pages, where he’s revealed the entire crime, how he did the crime alone, what he did with the evidence, what he did with the stolen money.”
Leo, a resident of the McCaffery Village public housing project, was a sales representative with Avon and made a house call on the morning of Nov. 11 to Jones’ home in the 3000 block of West 11th St.
Jones testified at trial that it was Evans’ idea to lure Leo into the house under the pretense of buying Avon products. He said Evans choked Leo with a clothesline in the kitchen and beat her about the head with an iron before Jones stuffed her into a trashcan and took her to a nearby vacant lot.
A truck driver called police after seeing Jones throwing rocks at Leo’s near-lifeless body. Jones ran off but was arrested later that same day. Leo remained in critical condition at Crozer-Chester Medical Center in Upland until her death Nov. 28.
Jones, who was 17 at the time, made a deal with prosecutors to plead guilty and name his alleged accomplice in order to avoid the death penalty. Jones’ testimony that Evans hatched the plan and carried out the attack was the only thing linking him to the murder, according to Malloy, though Evans did admit that he later took some bloody clothes from Jones’ room and set them on fire.
Evans, now 59, was 24 years old when he was sentenced to life in prison for Leo’s murder. He maintained throughout the trial that he was innocent and had been at home repairing a dresser at the time.
Malloy secured a deposition from Jones last year in which he retracted his trial testimony that Evans was ever involved in the murder.
Jones told Malloy that he called Leo himself and set up an appointment using a phony name, “Eddie Jones.” He said he did not tell Evans or anyone else his plan to rob Leo that day.
When Leo knocked at the front door, Jones said he had her come around to the back, which enters into the kitchen. It was there that Jones sucker-punched Leo in the head, sending her to the ground unconscious, according to the deposition.
Jones said he strangled Leo with a clothesline that he snapped off the back of the house, then put what he believed was her lifeless body into a trashcan and took her to a nearby field. Jones said he hit Leo in the head with a rock when she began to stir.
Evans has unsuccessfully appealed his conviction for years, but Malloy said many of those were denied on technical grounds. Evans finally filed a motion in June 2014 seeking DNA testing on fingernail scrapings taken from Leo. Testimony at trial indicated the victim had scratched Evans’ face.
Defense attorney Stephen Mollineux became involved with the petition in July 2014 and successfully moved for certain evidence and discovery to be made available. Malloy, joined on Nov. 21 by cocounsel Lindsay McDonald and Bill Corey, became involved in March 2016 and filed a motion for a PostConviction Collateral Relief hearing seeking DNA testing on the iron, clothesline, the victim’s clothing, two pocketbooks, a date planner and other items allegedly grabbed by Evans during the murder.
Assistant District Attorney William Toal III said that the iron identified as the murder weapon in 1980 is not in custody, but Malloy argued that testing the other items could show consistency with Jones’ deposition.
Forensic Biologist Arthur W. Young testified that Malloy was correct in that assessment and that microscopic examination of the fingernails could show whether any tissue had been preserved.
Mollineux also testified that he and Toal had found the fingernails inside a large box containing evidence in the case, but only for the left hand. He said two packets of folded paper secured with scotch tape labeled as fingernail clippings were found inside a plastic cup in the box, though the adhesive on the one labeled “R” had worn out, and the packet was open and empty.
Mollineux told Toal that he did not recall whether the plastic cup was tipped on its side inside the box and did not recall any special precautions being taken to ensure the integrity of the clippings that were found.
Delaware County Criminal Investigation Division Lt. Scott Bierley oversaw the photographing of the fingernails and other items by defense expert John Michael Santarelli in 2015 and said he had several concerns about how that was carried out.
There was no protective layer put down between the items and a table in the District Attorney’s office, he said, no magnification was used and no serologist was on hand to examine the items.
One of the fingernail packages also flipped or shifted when it was accidentally bumped, accord-
ing to several witnesses. Bierley said he was concerned any skin or nail fragments that might have been in that package could have fallen out.
“My concern was, can we lose it just by flipping it over and did we get it back in the package when it was repackaged,” he said.
Longtime evidence custodian Judy Richardson, who was also present for the photographing, said she believed that package was the one Mollineux described as already being empty.
Santarelli also said several items in the storage box belonged to different people, which is not ideal to ensure there was no crosscontamination. He also said he handled several items while photographing without changing gloves, though he did not handle any items labeled “Jones.”
The evidence had been stored either in the basement of the courthouse or at a large storage container on the grounds of Fair Acres Geriatric Center. Bierley said the temperature in the basement fluctuates and has been subjected to leaking pipes in the past.
Evans’ family has long believed he was innocent. His sister, Connie Evans, said her brother is a humble person who always tried to prevent violence, never start it.
“Guys and girls would be up there fighting on the corner, he would break them up (saying), ‘Man, this ain’t the way to go, you got to love one another,’” she said. “He was just a great, great kid, as humble as he could possibly be.”
John Kaisner, a retired Chester police officer and husband of one of Leo’s few remaining relatives, said Wednesday that he still believes Evans is complicit for destroying evidence and should remain in prison.
“I think he’s as responsible as Jones,” said Kaisner. “Jones has changed his story so many times and it’s never been upheld. I think the law is still on our side, we should prevail. You never know how that’s going to go though, so we’ll just wait and hope.”
Common Pleas Court Judge James Bradley continued the hearing until Dec. 21, when additional testimony and cross examination of one defense witness is expected to be heard.