Luke Mitchell case to be reviewed by SCCRC.

The Scottish Criminal Convictions Review Commission has notified Luke Mitchell, now a prisoner serving a Life Sentence for the murder of 14 year old Jodi Jones that his case will be reviewed. The communication from the SCCRC did not indicate any dates but this usually takes at least six months and in a case that has achieved such notoriety it is likely to take longer.

For those unfamiliar with this case:
Jodi Jones put up a great struggle yet her boyfriend, Luke Mitchell, had no scratches and was shown to be calm and normal when interacting with his friends about twenty minutes after the alleged time of the murder. Three men whose dna was found on, in or near the corpse were never arrested or considered suspects; Luke Mitchell whose dna was not found at the scene was convicted of murder. Two of the three men concealed themselves and altered their appearance soon after the murder. The sister of the deceased victim later married the man whose semen was on Jodi's shirt and bra. A third man stated that he had deposited his semen in a condom found near the corpse while he was alone in the woods with no one nearby. He stated that he did not see the naked corpse at his feet and he claimed that this event took place at a time when local reports indicate it was raining heavily. Despite his semen being found near the corpse of a 14 year old girl, he was not arrested or charged with her murder as the Lothian and Borders Constabulary apparently believed his statement about his using a condom despite there being no one else present at the time.

Luke Mitchell hearing

April 28, 2010 at 10:30am in High Court in Edinburgh.

The motion relates to a removal of the twenty year minimum prison term of his life sentence based upon the Tender Years doctrine. Even if the court does remove the mandatory twenty years confinement provision of his life sentence it is unlikely the parole board would release him even at that 20 year mark.

Formal decision expected within three months.

NOTE: At an earlier proceeding Luke Mitchell was unrepresented by counsel and therefore the court did not formally dismiss his Nobile Officium petition but indicated they would allow him time to seek representation but that if any counsel were obtained counsel should be informed that the petition would be held to be legally insufficient and without merit. At this proceeding, Luke Mitchell was represented by counsel and so the petition was formally dismissed and the question of the 20 year minimum confinement was taken under submission.