Oswego County man guilty of strangling stepsister

By The Associated Press

Thursday, September 24, 2009 11:43 PM EDT

OSWEGO - A 28-year-old central New York man was convicted Thursday of using a rope to strangle his 11-year-old stepsister, who authorities say was starved by her parents and lived in a home filled with animal feces and rotting garbage.
Alan Jones of Palermo was found guilty of second-degree murder after the Oswego County Court jury of 12 men deliberated about 12 hours over two days.

Jones' defense attorney had argued that Erin Maxwell accidentally hanged herself while acting out a scene from the “Pirates of the Caribbean: At World's End” movie in her bedroom on Aug. 29, 2008.

Prosecutors argued that Jones strangled Maxwell.

Jones faces 25 years to life in prison when he's sentenced Nov. 6.

State police and rescue workers said they found more than 100 cats in the Maxwells' home at the time of Erin's death. Troopers also found the carcasses of several kittens in the freezer.

Authorities said Erin was routinely locked in her room at night and spent hours alone. She had no playmates and often went to school in clothes reeking of cat urine. Teachers and other school officials told investigators that she had been seen taking food from garbage cans and eating it or putting it in her desk.

Maxwell's parents have been convicted in town court of multiple child endangerment charges. Lindsey and Lynn Maxwell face up to two years in prison when they are sentenced Oct. 12, but they have said they plan to appeal.

During closing arguments Wednesday, defense lawyer Salvatore Lanza criticized the medical examiner who performed Erin Maxwell's autopsy, saying she issued a ruling without knowing all the facts. He also questioned the thoroughness of the state police investigation and noted that none of Jones' DNA was on the rope or on Maxwell.

District Attorney Donald Dodd called Jones' story of finding Maxwell hanging from a screw in her room “not worthy of belief.”

The prosecutor said an unbelievable series of events would have had to occur for her to have hanged herself the way Jones explained it. Dodd also said Jones' statements to police were inconsistent.

The district attorney prosecuted Jones under the theory he acted with depraved indifference by recklessly tightening a rope around Maxwell's neck, causing her death.

That means the jury did not have to find that he intentionally killed Maxwell but that he acted with such disregard to her life that he was guilty of murder.

The Citizens' Say

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There are 1 comment(s)

sam wrote on Sep 25, 2009 12:18 PM:

" Why did this child have to die? Didn't the teachers/school officials contact anyone about this? Who in God's name allowed this to happen to a poor, innocent child? Obviously, her teachers knew something was going on. I certainly hope they told someone about her situation. Who dropped the ball??? This child should not have died! Are we as a city and individuals still sticking our heads in the sand and hoping the problem will go away so we don't have to get involved??? Something could have been done... hame on those that didn't rescue Erin. And I don't want to hear about "legalities". When a child is involved in anything suspicious there should be more than an initial "investigation". It's time to change the laws and fire those who are supposed to be looking out for these children and do nothing ("overwhelmed with work... caseload... the law won't let me..." etc.) We are all to blame...
May God Bless Erin's soul... and may Erin forgive us all for not saving her. "

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