This is to let those of my friends and relatives know what is happening with the trial of the murders of my Father. Ginger L. Christmas-Beattie ------------------------------------------------------------------------ R E G I O N A L N E W S Thu, October 3, 2002 Jordan's jailbreak considered for trial John Ingle, , Times Record News To submit or not to submit - that is the question. A 97th District judge is considering whether or not evidence from a February jailbreak should be considered when Charles William Jordan's capital murder trial begins sometime in mid-November to early December. Jordan is accused of the shotgun killing of James Christmas and the beating death of his wife, Ullaine, at a Bowie house following an argument. He was captured, along with Crystal Soto and William Christmas - grandchildren of the couple - in Washington state days after the murders. The trial has been moved from Montague to Fort Worth in an effort of find a jury that hasn't been exposed to the case. Defense attorney Bruce Martin of Wichita Falls also questioned the constitutionality of the death penalty before 97th District Judge Roger Towery in a Fort Worth courtroom. District Attorney Tim Cole said admitting facts of previous criminal history is always an issue during trials. But Jordan's escape from the Montague County Jail in February showed something the jury should be able to consider, he said. "It (the escape) states his evidence of guilt," Cole said. "Case law in this state in the past has supported that." The escape showed Jordan's "guilty mind and conscience," he said. He wouldn't have run had he not been guilty, Cole said. The admission of escape evidence could also help the prosecution when the punishment phase of the trial begins, he said. "Bringing it out at the punishment phase is a different issue," Cole said. "That shows that he was a risk of escape in the past and is a risk of escape in the future." Martin objected to the use of the jailbreak during the trial. "Tim (Cole) wanted to be able to question the jury and he wanted to be able to introduce it during the guilt phase of the trial," he said. "We objected to it and the judge is considering it." Towery is expected to make a decision on the motion by Monday morning when the two sides begin jury selection in Fort Worth, Martin said. He contested the constitutionality of the death penalty before Towery, but the judge denied a motion to have the death penalty thrown out. "We're facing the death penalty as a possible punishment," Martin said. Cole said it was standard for defense attorneys to contest the legality of the harshest punishment available for capital murder trials. The motions are routinely made and routinely denied, he said. Both sides said a plea agreement was not in the works and wouldn't happen. When questioned about the possibility of a plea deal, Cole's response was: "No. The decision to seek death has been made in this case." When jury selection begins Monday, Martin said there isn't a particular type of juror the defense is seeking. "There's no way to pigeonhole jurors," he said. "There's no particular brand of juror we want, other than one opposed to the death penalty, but we want someone who is going to give thought to our evidence." Martin said the defense would attempt to prove is that Jordan is not an assassin and the murders weren't premeditated. Jury selection should last about four to six weeks. The trial is expected to run about one week. Regional and military reporter John Ingle can be contacted at (940) 763-7532, (800) 627-1646 Ext. 532 or by e-mail at inglej@wtr.com.