Conviction upheld in murder of florist

— The Arkansas Supreme Court on Thursday upheld the capital-murder conviction and life sentence resulting from a killing at an El Dorado flower shop in 1992.

James Clemons, 46, was convicted last year by a Union County Circuit Court jury in the stabbing death of florist Billy Ponder, 48.

According to the opinion, Ponder was found by his wife. He had been stabbed to death at his flower shop.

DNA testing was not available at the time, and evidence found at the scene wasn’t tied to Clemons until 15 years later.

Clemons was living in Wisconsin and had a previous robbery conviction. A national DNA database identified him as a suspect.

Clemons initially denied knowing Ponder. He later said he knew Ponder and bought flowers from his shop. He then told police that Ponder asked if he could engage in a sexual tryst with Clemons in exchange for $25 or $30.

He said he then took cash from the register after Ponder denied having money. He said he didn’t kill Ponder and left with a carnival the next day.

Clemons then said he rode his bicycle across town to take flowers to his mother. ButClemons’ sister testified that she couldn’t remember her brother ever giving flowers to their mother.

DNA analysts with the state Crime Laboratory testified that Clemons’ DNA was found on a cigarette butt at the flower shop and in semen on Ponder’s bluejeans.

An inmate at the Union County jail testified that Clemons confessed to him that he killed Ponder and stole his wallet.

Ponder was stabbed 19 times, mostly in the chest.

Clemons’ appeal argued that the inmate shouldn’t have been allowed to testify against him.

The Supreme Court’s opinion, written by Chief Justice Jim Hannah, found no error in that testimony and found that regardless “there is further evidence to support Clemons’ conviction” and that Clemons’ “statement to the police had many inconsistencies.”

Further, Clemons argued that his attorney wasn’t provided a DVD of Clemons’ statement in enough time to prepare for trial.

But the Supreme Court noted that the trial judge asked the attorney if he wanted to delay the trial, and the attorney rejected the offer.

At the Supreme Court, the case is CR09-1182, James E. Clemons v. State of Arkansas.

Arkansas, Pages 18 on 09/25/2010

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