Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Sun Nov 03, 2013 7:52 pm

Ann - Tx wrote:
Tonight Tricia's True Crime Radio show should be really interesting.  Among her guests is reporter Ben Winslow with FOX13 in Salt Lake City, Utah!  Ben has been reporting on the trial and tweeting.  

Tricia lives in Utah and she did plan to attend some of the trial.  Don't know if she was able to attend this week.  
~~~~~

Tune in at Link (below) at 8 p.m. Eastern/7 p.m. Central Standard Time tonight (11/3/13):

http://www.blogtalkradio.com/websleuths/2013/11/04/tricias-true-crime-radio-sunday-night-8-pm-eastern
Blog Talk Radio:  Tricia's True Crime Radio -- 11/3/13


TRICIA'S TRUE CRIME RADIO SUNDAY NIGHT 8 PM EASTERN

WHAT IS GOING ON IN THE MURDER TRIAL OF MARTIN MACNEILL? IT IS ONE BIZARRE MURDER CASE BEING TRIED IN UTAH COUNTY AND JOINING US TO DISCUSS THE TWISTS AND TURNS IS FOX TV'S BEN WINSLOW. ALSO JOINING US THE INCREDIBLE WOMAN BEHIND COURT CHATTER.COM AND MORE.
Bumping! Show will start in 7 minutes.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Sun Nov 03, 2013 8:51 pm

Thank you, Ann! I'm listening ...



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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Sun Nov 03, 2013 9:21 pm

AFFIDAVIT IN SUPPORT OF AND REQUEST FOR SEARCH WARRANT

Excerp:

8. About November of 2006, Michele confided in a close friend, Jackie College, that Martin again told her and their eclesiastical leader that he wanted a divorce because he did not love her wife or children. Again Martin decided to stay with his wife and family.

http://martinmacneill.info/MacNeill_Search_Warrant_03_16_2011.pdf


The question came up on Tricia's True Crime Radio regarding if anyone knew if there were talks of a divorce.

According to the above affidavit, there were actually two instances when Martin told their eclesiastical leader that he wanted a divorce.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Mon Nov 04, 2013 1:02 am


Ales, thanks for the above Link. Very informative and interesting.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Mon Nov 04, 2013 1:39 am


At the following Link, there are numerous articles about the Martin Macneill case/trial.

I think this is a site set up by Michelle Macneill's sister, Linda.

Also, you can click on and there are archived YouTube videos of the trial (keep scrolling down).

 In case you missed some of the trial or if HLN did not post a video, you might be able to find it at the linked site:


http://martinmacneill.info/
Martin MacNeill
Primary information site about Martin Joseph Macneill; for my sister Michele. -Linda


Categories
By Linda
Live Coverage and Videos
The MacNeill Story
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Mon Nov 04, 2013 8:19 pm


5 Things to Know about Utah doctor murder trial

The Washington Post - Washington, D.C.
By Associated Press

Updated: Monday, November 4, 6:46 PM


Snipped:

THE DEFENSE

On the defense witness list is a doctor who believes Michele MacNeill died of a blood clot, and an expert who will testify how people can acquire faulty memories over time. Also on the list — even though the lawyers haven’t definitely revealed who they will call — are police investigators who wrongly suspected two people in another murder case based on perceived odd behavior, according to court documents.

Read more:

http://www.washingtonpost.com/national/5-things-to-know-about-utah-doctor-murder-trial/2013/11/04/ab3c44c8-45b3-11e3-95a9-3f15b5618ba8_story.html
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Mon Nov 04, 2013 8:24 pm


Inmates to testify in Martin MacNeill trial

Posted on: 11:19 am, November 4, 2013, by CNN Wire

FOX13 - Salt Lake City, UT

(CNN) — Four inmates who served time with Martin MacNeill, the former doctor on trial for the death of his wife, are expected to take the stand in the coming days as the fourth week of the murder trial begins Tuesday.

These former cellmates, who will be identified by numbers and not names, say MacNeill told them he killed his wife and he didn’t think law enforcement would be able to prove it.

Prosecutors spent the third week of testimony trying to show the former Utah doctor had a motive to kill his wife, who was drowned in the bathtub, according to their medical experts.


Read more:

http://fox13now.com/2013/11/04/inmates-to-testify-in-martin-macneill-trial/
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Mon Nov 04, 2013 8:31 pm


http://www.hlntv.com/article/2013/11/03/martin-macneill-trial-secrets-sexual-abuse
HLNTV - CNN   --  Updated 12:01 PM EST, Mon November 04, 2013

MacNeill trial secrets: 3 things jurors won't hear

Snipped:

What jurors didn't hear from Walthall, however, are some additional statements she claims MacNeill made to her: That he tried to kill his mother when he was 8 years old, that he killed his brother by drowning him and that he offered to kill her husband.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Tue Nov 05, 2013 2:41 pm

Tweets from reporter Ben Winslow - FOX13 - UT

--------------------------------------------------------------------------------


Reporter Ben Winslow with FOX13 - Salt Lake City, UT is tweeting.

Numerous tweets. (Keep scrolling down and click to load more tweets when prompted). You do not have to have a Twitter account to read these tweets.

https://twitter.com/BenWinslow
Twitter - Ben Winslow
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Tue Nov 05, 2013 2:52 pm

http://www.sltrib.com/sltrib/news/57...artin.html.csp
Salt Lake Tribune - Salt Lake City, UT 11/5/13

Prison inmates testify at Martin MacNeill’s murder trial

By jessica miller
| The Salt Lake Tribune

First Published 5 hours ago • Updated 3 minutes ago


Snipped:

According to court papers, one inmate says Martin MacNeill told him that he drugged up his wife, 50-year-old Michele MacNeill, on Oxycontin and sleeping pills, then convinced her to get into the bathtub and held her underwater "to help her out."

At least two inmates also say Martin MacNeill boasted that authorities could not prove that it was murder.


Snipped:

In reference to whether MacNeill murdered his wife, Inmate #4 testified: "I said, ‘Well did you do it?’ He said, ‘***** drowned.’ "
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Tue Nov 05, 2013 4:57 pm


Notes from Nov. 1


Jury is not present

Judge:  At issue is defendant's motion to suspress MM's referring to wife as "bitch"; difficult to determine when these comments were made; asking lawyers for dates of when MM was in Texarkana Federal Prison and when Nancy Grace and People magazine article were published.  Depends on whether or not it's being submitted for improper character evidence, or proper non-character evidence.  Reference gives rise to improper character reference.  Expression of his contempt for her. State offers to show true state of mind; corroborates states theory behind motivation.  These are proper non-character statements.  Court is pursuaded that non-character reason is appropriate.  3 inmates refer to same comments, even though inmates are inherently unreliable.  Defense's motion to exclude evidence is denied.  Reference to "they think I killed 2 or 3 bitches" will not be allowed; that part of the motion is granted.

State has filed written motion renewing  that Defense opened doors; will visit later

State asks to limit cross of one witness (Mr. Pourier(SP?)), per rule 608b; excludes specific instances of conduct to attack witness' credibility; discussing case law; specifics he'd like excluded (I don't think he was convicted of any of these):  


  • guns and knives in violation of probation
  • phone calls admitting use of steroids; directing his wife to sell them
  • allegedly acquired prescription drugs from a Dr. Moore (not sure if under false pretenses) and selling them
  • getting financial help from LDS bishop by lying
  • encouraged his wife to move a car to avoid repossession
  • Alleged made threats against a person named Howard (the landlord);
  • police reports re: scheme in which he was selling fake Rolex watches
  • Domestic violence against wife; wife recanted story; charges dropped
  • tried to pay rent with guns
  • sexual battery against 14 yr. old when he was 19
  • Statement to his wife about lies he tells her


Defense argues that court has already ruled that he could cross on all of these; going over all the above again; saying these are schemes to defraud or avoid consequences of his actions; believes they should all be allowed

Judge has a few questions that need to be answered; wants time to think about this; will take under advisement.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Tue Nov 05, 2013 5:01 pm


Jury is now present


Spencer Cannon; was an ME examiner

  • currently a Sargent/supervisor with Sheriff's office
  • Responds to death scenes (suicide, homicide, unexplained circumstances); gathers information to help determine cause and manner of death
  • Conducts physical exam of body and surroundings
  • He was asked to contact Dr. Van Wagoner at ER
  • Doesn't recall speaking to neighbors or MM's daughters
  • Michele was in full arrest; CPR in progress; pronounced dead
  • Got info from what they found at scene
  • Did exam of her body in a side room of ER; then called transport to move body to ME's office in SLC
  • He did not go to MM's home


Cross:

  • Spencer asking if he emailed an investigator; he doesn't recall; doesn't usually use email except to send pictures; showed witness email; he now remembers sending it
  • ER personnel sometimes work on someone who is obviously going to die
  • He didn't find anything overtly suspicious in the case


Re-direct:

  • protocol he followed is established by ME's office
  • didn't find anything overtly suspicious from examining the body
  • If he learned that MM had told 911 that he was doing CPR two times, but could not have, that would have raised suspicion in his mind
  • if he learned that MM, as doctor, "gave CPR" but her chest was not rising during breaths, that would have seemed unusual
  • If he learned that MM had thrown out narcotics and told someone else that police had taken them would have raised suspicion
  • If he learned that MM had given her CNS depressants previously, would that have raised suspicion?  Yes
  • If he learned that MM was having affair and moved his mistress in two weeks later as nanny, would that have raised suspicion; yes


Re-cross:

  • If he had learned that many witnesses that reported those facts had reasons to ___, would that have mitigated some of the suspicions; yes
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Tue Nov 05, 2013 5:20 pm


Inmate #3


  • currently in prison for drugs; one conviction for one felony
  • Met MM at Texarkana Federal Prison in a dormitory (with multiple cells) (nicknamed the chicken coop)
  • They became friendly; inmate worked out a lot; MM had questions and then starting working out with him
  • Inmate was moved to a different dormitory downstairs after a few weeks; continued talking to MM; called him Doc
  • Worked out together 3-4 times per week; jogged, ran, push-ups; weight lifting; ran 4-5 miles per day; MM had no trouble doing that; inmate couldn't keep up with MM
  • Never noticed any physical ailments with MM
  • He originally thought MM's wife was alive because MM said she was locked up; he realized later it was Gypsy MM was talking about
  • He saw a People magazine article about MM; someone had torn a part of it out
  • He talked to MM about the article; he asked him if he murdered his wife; MM said I didn't murder my wife, if I did, they don't have any evidence; they couldn't prove anything
  • Another time, subject came up again; MM looked mad; he said "my fucking daughters" - objection; may we approach?
  • He said they didn't give MM a half-way house because of the F'ing daughters and a "bitch" of a wife
  • He saw Gypsy on TV; heavy set lady with dark hair; Doc had mentioned her a couple of times; he said him and "his wife" were locked up; inmate thought Gypsy was his wife
  • Saw MM stressed out a few times
  • Saw MM weeks before his release; still working out with him; appeared healthy but a bit stressed


Cross:

  • received 27 year sentence; going on 14 years
  • specifically asked if he murdered his wife; MM said that if they had any proof he wouldn't be there talking to this witness
  • In previous interview, inmate said MM said "no, man, no" in reference to murdering his wife
  • On other occasions, he also said, no, he didn't murder his wife; but followed that with there's no evidence to prove that
  • He would work out with other inmates
  • In previous interview, he said that MM "was lopsided on one side"; kind of crooked on one side; started walking crooked; doesn't remember saying MM had bad feet
  • Saw others watching TV about MM; doesn't know who
  • Talked to MM about narrator (Nancy Grace); indicated that MM was upset because NG said "how was he giving CPR if he was on the phone"; upset because he was being accused of doing things wrong
  • This witness has been an informant in the past
  • He contacted US attorney to ask if he could give info he knew about regarding another case; also said another inmate wanted to make a hit on a US attorney
  • The info he gave panned out; agent said they would move him off the compound before they busted those guys; he wasn't moved; he made up a story about that inmate for his own safety; accused other inmate of stabbing him to get moved off that compound; he asked other inmates to lie for him to get him off the compound; even incorporated other people into his story (that other inmate wanted to "hit" someone else); later admitted he made it up; Spencer saying he made it up to get a reduced sentence; witness said he fessed up before and after taking a polygraph test
  • Because the info he gave panned out, he was already told he'd get a reduced sentence; didn't confess to lying about it to get a reduced sentence


Re-direct:

  • Story re: the hit on the US attorney was fabricated
  • Doc got along well with others; helped others with medical issues
  • The things he said MM said came from MM; not from TV or article
  • His life is in danger already for being a snitch
  • Snitch is telling what he knows, against prison code (you don't snitch; you don't mess with gays; you don't steal)
  • He's seen that snitches can get killed, stabbed, isolated, raped
  • Institution published list of inmates and posted it on the wall; everyone knew that three of them on that list were going to testify; nervous about going back
  • has more comforts in federal prison than where he's temporarily housed for testifying
  • MM told him Michele drowned
  • When MM left, he was glad MM was going home; wasn't angry at MM, has nothing against MM
  • He has not received special privileges for testifying; no promises to get anything in return
  • Aware that if he lied today, he'd get prosecuted for federal perjury and obstructing justice


Re-cross:

  • there was discussion about his wife drowning


Re-re-direct:

  • MM followed statement about not killing M:  They don't have any evidence or proof
  • Hasn't asked for anything in return; he's there because he has something to say and it's the truth


Jury questions:

  • What does panned out mean:  All info he gave got 26 people in prison; he did not get a reduction in his sentence for that


Follow-up:

  • State:  He gave info that panned out, but what he made up was to get him off the compound afterwards
  • Defense:  He was sentenced first; gave info later
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Tue Nov 05, 2013 5:32 pm


Inmate #4



  • has been convicted a few times; drug-related
  • was at same institution as MM; not too friendly; just talked
  • Started talking to MM as a doctor:  health, diets, training, shoulder problem
  • Everyone called MM Doc
  • Doc was in pretty good health; did wind sprints; wanted to know how he could get into MM's kind of shape; saw him do that about every day; never saw MM have trouble; witness couldn't have done that; MM ran track, and did calisthenics; never noticed a limp; never had a cane; MM never mentioned he had cancer or MS
  • Familiar with half-way house (a place to help re-integrate former prisoners back into society); asked MM about his chances of getting into half-way; first asked MM if he got visitation; he said his wife was in prison; witness said to him, I was told you killed your wife; MM said if they could prove that, do you think I'd be sitting here talking to you?  Did you do it?  "The bitch drowned";  said others were afraid of MM so he didn't get to go to the half-way house
  • Never figured out who the imprisoned "wife" was
  • When he was told MM's wife was in prison, inmate was relieved


Cross:

  • Met with investigator this year at Texarkana
  • In that interview, what he said was "she supposedly drowned"; repeated what MM said to him
  • "She drowned or something"; didn't say in interview "the bitch" drowned; witness doesn't remember
  • In interview, Spencer said he didn't say anything about the half-way house leading to his conversation with MM; lawyer saying the conversation started after witness saw TV show; witness said no
  • MM never told him he killed his wife
  • not seeking anything in return for his testimony; LE came to him; he didn't go to them


Re-direct:

  • Showing witness previous interview; "he (MM) was so upset about not going to the half-way house"; so witness did talk about the half-way house, contrary to what Spencer said
  • After MM left to go home, witness saw something on TV when they were arresting him
  • Never saw anything on TV when MM was still there
  • More acquaintances than friends; MM gave him advise; never had a problem with Doc
  • Doesn't have a problem with Doc now; hopes MM didn't do it
  • understands that if he's lying, they could prosecute for perjury; obstruction of justice
  • Doesn't think he's being a snitch; just telling the truth; someone else could think he's maliciously attacking Doc; he could get killed for that
  • Has already been threatened - objection - approach; question withdrawn
  • Has not received special treatment or a deal; has been punished; sitting in a freezing cell; federal prison conditions better than here; hasn't been paid; no reduced sentence


No jury questions
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Tue Nov 05, 2013 5:38 pm


Jury is not present


Judge:  Discussing state's motion to prevent some topics on cross of Mr. Pourier.  (I couldn't capture all of this):


  • guns and knives in violation of probation - highly probably of intend to misrepresent; may ask if he had violations, seriousness, did his probation get revoked; no questions about guns and knives unless witness denies
  • lies to probation officer - ???
  • phone calls admitting use of steroids; directing his wife to sell them - can be inquired into; bias/motive to misrepresent
  • allegedly acquired prescription drugs from a Dr. Moore (not sure if under false pretenses) and selling them - can be inquired into; truthfulness
  • fraudulent scheme to buy house; can be inquired into; truthfulness
  • getting financial help from LDS bishop by lying- can be inquired into; can't go into lying to bishop
  • encouraged his wife to move a car to avoid repossession - state's motion granted; inadmissable
  • Alleged made threats against a person named Howard (the landlord); defense agreed not to question
  • police reports re: scheme in which he was selling fake Rolex watches - can be inquired; highly probative of truthfulness
  • Domestic violence against wife; wife recanted story; charges dropped - defense agreed not to question
  • tried to pay rent with guns - defense agreed not to question
  • sexual battery against 14 yr. old when he was 19 - state's motion is granted; inadmissable
  • Statement to his wife about lies he tells her - defense agreed not to question


State:  needs time to meet with witness based on these rulings; also witness may need to be informed that he has the right not to incriminate himself.  Judge:  I can advise him, but he may need to speak to legal counsel; state needs to call public defender's office to advise him now.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Tue Nov 05, 2013 5:43 pm


Jury is present


Inmate #2

  • imprisoned right now; federal; convicted of felony (solicitation related to drugs??)
  • Spoke to investigators twice; they came to see him, then spoke to him on the phone
  • was cellmates with MM for two years
  • Called him Doc; he was a doctor
  • MM helped people with medical issues
  • Got along with MM; MM got along well with others
  • Doc never mentioned having cancer, MS; saw MM kind of limping sometimes; had a toe problem but never said exactly what it was; saw his toe; big toe was bigger than normal
  • the rest of the toes were curved under; not flat
  • Toe never stopped MM from lifting weights or running
  • Doc told witness that he had a wife in prison; they wrote letters back and forth; he saw letters from Gypsy; didn't read the letters; MM referred to Gypsy as his wife
  • later he found out that MM's wife had died; MM looked serious and scared; he had been on TV and they were saying he killed his wife; he heard rumors that TV said MM murdered his wife; he asked if MM murdered his wife; MM said they couldn't prove it was him; medication she was on was prescribed
  • About a month later, witness was being nosy; asked MM again; MM said his wife had had plastic surgery; had a heart attack and passed away; no proof
  • Later saw info about MM on TV (after MM was gone)


No cross, no jury questions
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Tue Nov 05, 2013 5:52 pm

The Jury is Present

Jeff Robinson; Chief Investigator; County Attorney's Office, Bureau of Investigation

  • Case Officer after previous CO was elected and left his position
  • Bureau got involved in January, 2008
  • Family approached prosecutor; prosecutor approached him; he assigned it to an investigator (Toby O'Brien; then Doug Whitney retired from Sheriff's dept., so Doug followed up with case)
  • Investigators issues subpoenas for cell phone/text message records
  • Asked for content of text messages, but it was too late; only kept for a period of time
  • Too late to get triangulation data, as well
  • Witness has been to MM's home; search warrant, taking measurements
  • USDC is almost adjacent to the LDS temple; school Ada attended was across the street from the temple
  • Showing witness a map of the area:  MM home, Ada's school, USDC
  • from MM's home to USDC:  he drove it 6 times; at 25 mph, 30 mph, 50 mph  (missed the exact times, but roughly 4-5.5 minutes;  a little over 3 minutes at 50 mph)
  • USDC to school:  drove it 4 times (@25 mph):  1 min 23 secs, 1 min 24 secs, 1 min 28 secs, 1 min 23 secs
  • MM home and school:  drove it at least 3 times; approx. 4 min 29 secs, 4 min 38 secs, 4 min 31 secs


Cross:

  • doesn't include walking time, exiting vehicle, going into home, etc.
  • didn't include going near school during congestion during child pickup
  • times are not estimates; actual
  • Also timed 23.1 seconds to walk from MM home to car
  • Timed walking from car at USDC to Admin office (outside):  1 min, 31 secs
  • Spencer showing him phone records from MM's work phone at USDC
  • an 800 number was called (didn't get the date) - Qwest (now CenturyLink)
  • Witness tried to get local call records from Qwest, but they wanted a lot of money
  • In July 2012, he conducted a wire tap on MM after he was released from prison
  • Also had his office forensically test MM's phone
  • Made comments to Deseret News
  • Interacted with Rachel and Alexis several times; some were recorded as formal interviews; some were not recorded
  • Doug Whitney would tell him what's going on before this witness got involved
  • As he became more involved in case, he had direct communication with Alexis
  • In April, 2011, he had concerns from getting conflicting answers from Alexis; need to understand that in context; his belief was that the more questions he asked, the more conflicting info he got; witness wants to explain why; Spencer won't let him


Re-direct:

  • Media contacted him; went through an attorney to get info to media to generate more leads
  • His office facilitated interviews with most of MM's kids; neighbors
  • His role is to gather information to pass on to prosecutor
  • (Prosecutor didn't follow up on what the witness wanted to explain about conflicting info)


Court in recess for the day; court resumes at 8:30 tomorrow for housekeeping; 9 a.m. for jury


Jury is not present

Anticipated that Mr. Pourier may chose to not incriminate himself; alleged selling of steroids; fraudulent obtaining of prescription drugs; Rolex watch scheme; Ms. Barbara Gonzalez from public defender's office is witness' attorney; she may give him indications while on the stand, but his choice of how he wants to answer; if he needs to consult with his attorney, they can take a recess; judge is now questioning the witness and his attorney to verify the witness understands his rights to not incriminate himself.

The question is whether or not the witness can actually testify at all if he pleads the fifth during cross; does the fifth make him "unavailable"?  More discussion to follow tomorrow morning.

Court is in recess.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Tue Nov 05, 2013 7:50 pm



CuriousPortlander, once again . . . thanks for the awesome summaries of today's testimony.

Although I don't thank you every trial day, please know that your hard work is greatly appreciated!

I was not able to watch the trial today and I really appreciate your hard work! I did record the trial today and later tonight I hope to fast forward through it.

For you:   ~~~
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Tue Nov 05, 2013 10:41 pm

Published on Nov 5, 2013



Martin MacNeill Trial - Day 11 - Part 1




Martin MacNeill Trial - Day 11 - Part 2 (Inmate #3)




Martin MacNeill Trial - Day 11 - Part 3 (Inmate #4)




Martin MacNeill Trial - Day 11 - Part 4 (Inmate #2)


http://www.youtube.com/user/croakerqueen123/videos
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Tue Nov 05, 2013 10:52 pm

@CuriousPortlander:

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Ann - Tx on Wed Nov 06, 2013 9:56 am

Interesting video!
~~~~~

http://video.foxnews.com/v/2810146940001/lawyer-of-utah-doc-accused-of-killing-wife-speaks-out/
FOX News.com
Fox News

Video: Lawyer of Utah doc accused of killing wife speaks out
(Justice with Judge Jeanine)


Description
Inside defense's case in murder trial

Date
Nov 5, 2013

Duration 6:41
~~~~~

Note: It took a long time for the ad to play (start & stop) before the news story played. Once the ad played; no problem.

Hope you have no problems with this video!
~~~

This video from Judge Jeanine's site works better than the one from FOX's site:

http://www.foxnews.com/on-air/justice-jeanine/index.html#http://video.foxnews.com/v/2810146940001/lawyer-of-utah-doc-accused-of-killing-wife-speaks-out/?playlist_id=163706
FOX News - Justice with Judge Jeanine

November 5, 2013

Lawyer of Utah doc accused of killing wife speaks out
Inside defense's case in murder trial
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Nan11 on Wed Nov 06, 2013 10:23 am

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Wed Nov 06, 2013 2:09 pm

Published on Nov 6, 2013



Martin MacNeill Trial - Day 12 - Part 1




Martin MacNeill Trial - Day 12 - Part 2 (Jason Poirier)




Martin MacNeill Trial - Day 12 - Part 3 (Inmate #1)




Martin MacNeill Trial - Day 12 - Part 4 (Inmate #1)




Martin MacNeill Trial - Day 12 - Part 5 (Inmate #1)


http://www.youtube.com/user/croakerqueen123/videos


Last edited by Alessandra_Deux on Wed Nov 06, 2013 11:26 pm; edited 1 time in total
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Wed Nov 06, 2013 2:19 pm

Martin MacNeill murder trial continues with more inmate testimony

By jessica miller | The Salt Lake Tribune

First Published 5 hours ago • Updated 1 hour ago

Provo • As the murder trial for Martin MacNeill continues Wednesday, prosecutors called a former Utah County jail inmate who testified that the defendant told him he killed his wife.

Jason Poirier said he started a conversation with Martim MacNeill about how MacNeill wore different shoes than the rest of the inmates.

"I can get away with a lot of things," Poirier recalled Martin MacNeill saying. "I’m getting away with murdering my wife."

Poirier also allegedly told Poirier: "I’m glad the bitch is dead."

Poirier said he asked Martin MacNeill if he was serious that he had killed his wife. "He said, ‘Yes, I’m serious, I mean, look where I’m at.’ "

~Snipped~

Also to be called by prosecutors on Wednesday is a federal prison inmate who, according to court documents, will tell the jury that Martin MacNeill told him that he drugged his wife with Oxycontin and sleeping pills, then convinced her to get into the bathtub, where he held her underwater for a little while "to help her out."

Read more:

http://www.sltrib.com/sltrib/news/57087730-78/macneill-martin-poirier-wife.html.csp
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Wed Nov 06, 2013 2:24 pm

Gypsy is going to testify (again) today.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Wed Nov 06, 2013 2:55 pm


Notes from Nov. 6


Jury is not present

Judge:  Regarding state's request that defense opened doors;  not pursuaded the doors have been reopened.  Motion is denied.  

Defense:  Motion to exclude the testimony of Mr. Poirier; discussing case law; if the witness can take the fifth, it prevents the defendant from confronting the witness, which denies his rights.  The only defense is his credibility issues.

State:  These statements are being used to attack his credibility; discussing case law; if the defendant can impeach witness with other testimony, it shouldn't affect the defendant's rights

Judge:  So there are effective alternative means, even if he takes the fifth?  Discussing case law; wants to take a brief recess; will provide written response regarding decision about Ada testifying; important issue that should be written

Judge:  Asking for Mr. Poirier and Ms. Gonzalez to appear; judge had him sworn in; if called you will be cross-examined; defense will ask you about your criminal activities for which you have not been convicted; you have a right not to incriminate yourself; on three specific issues (unlawful distribution of steroids; fraudulently obtaining prescriptions; fake Rolex watches), do you intend to answer or plead the fifth?  He answered that he would plead the fifth on all.  Discussing case law; witness discussed all three topics on recorded jail calls.  Other crimes go to credibility, misrepresentation; court grants motion to strike the testimony if he pleads the fifth; motion dismissed if he answers questions.

State asking for "use" immunity for any truthful testimony he gives today; he can still be charged with perjury if he lies

Based on witness being offered immunity, the motion is fully vacated; court in recess while Ms. Gonzalez consults with her client, Mr. Poirier

Spencer asking for clarification:  Judge said defense still can't bring up guns and knives; just serious violations of probation; if witness denies the charges were serious, defense can say "weapons".
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Wed Nov 06, 2013 5:48 pm

Mormon doctor accused of killing his wife to be with his mistress 'ADMITTED to fellow inmate that he had murdered her'

•Jason Poirier, who was in jail with Martin MacNeill in December 2012, claimed doctor said: 'I'm getting away with the murder of my wife'
•Comes after other inmates testified MacNeill called his wife a 'b****' and that authorities had no evidence to convict him
•MacNeill is accused of killing his wife Michele in April 2007 so he could continue an affair with his long-time mistress Gypsy Willis


By DAILY MAIL REPORTER

PUBLISHED: 14:31 EST, 6 NOVEMBER 2013 | UPDATED: 16:56 EST, 6 NOVEMBER 2013


Speaking out: Attorney Randy Spencer, right, questions Jason Poirier, a former inmate who served time with Martin MacNeill, a doctor accused of killing his wife. Poirier said MacNeill acknowledged the murder

A prison inmate today testified that a Mormon doctor accused of killing his wife admitted to the crime by telling him: 'I'm getting away with the murder of my wife.'

The testimony came as the trial in Provo, Utah resumed on Wednesday in the case against Martin MacNeill, who is accused of killing his wife Michele in April 2007 so that he could be with his mistress.

Witness Jason Poirier recounted his conversation with MacNeill in December 2012 at Utah County jail, a few months after MacNeill's arrest in the death.

Read more:

http://www.dailymail.co.uk/news/article-2488660/Mormon-Utah-doctor-Martin-MacNeill-admitted-wifes-murder-inmate.html
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Wed Nov 06, 2013 6:01 pm


Jury is now present


Jason Maurice  Poirier; was incarcerated with MM in Dec. 2012

  • Utah County Jail; Sundance 3 (separate jailhouse unit)
  • MM was in same unit
  • MM was a trustee in that pod; they started talking
  • He reported to nurse about his wrist bothering him; MM examined it and said witness had carpal tunnel
  • MM admitted he was a doctor; gave him suggestions to help his wrist; it did help
  • They gave out clothes together, commissary; also discussed the shoes MM wore
  • He wrote poetry; MM was writing his autobiography; he would ask MM to read his poetry and make it better; MM shared his story, so he got to read the autobiography
  • He was on violation of probation and felony theft charges; has not been convicted of any felonies
  • He talked to MM about MM's shoes;  Dec.; MM seemed like he was pretty privileged; in general, all inmates get standard shoes; MM had specially made shoes, different from everyone else; he asked how he could get a pair of those, joking; MM said no you can't; witness said how did you get em?  MM said he gets away with many things; he's getting away with murdering his wife; I killed my wife; that should count
  • He sat back, and kind of chuckled; thinking MM was lying

  • Talked to MM again a few days later; he approached MM; apologized about wife; MM said "I'm glad the bitch is dead"; he was pretty shocked
  • MM told witness that his relationship with his wife was going down hill; they were trying to get MM's money; Michele was not going to allow him to keep cheating on her; MM told him he was cheating, told him Gypsy's name but he doesn't remember the name; told about trip to ski resort with his girlfriend
  • While swapping poetry; he read autobiography, he asked MM if he was serious about murdering your wife; Yes, I'm serious; look where I'm at; does it look like I'm joking
  • He believed MM; he immediately told guards he wanted to switch sections; didn't want to be around him anymore


Cross:

  • Spencer; did you attempt to be truthful in previous testimony; I was truthful; truthfulness is not your strong suit; yes it is
  • Witness, in a Walmart, removed laptop from a store case; but left it elsewhere in store; was arrested
  • Wrote letter to police saying he didn't want to miss watching his little girl grow up; doesn't want to lose his wife (Jan 2012)
  • Served 6 months probation; released in summer of 2012; in July, he sold a fake Rolex watch; was caught; said his aunt worked for LE; that was a lie
  • He sold 3 fake Rolex watches (that people reported); he sold more than that
  • In Nov. 2012, he went into a store and bought some things and concealed some ammunition and stole it and got caught; got same judge
  • Dec. 2012, appeared before Judge McVey on both shoplifting and theft cases; had prior theft charges; negotiated a deal on shoplifting (Walmart) for reduced sentence
  • Entered a plea; went home; probation officer (PO) called him; he lied to her; said he was working on construction job; lied about what he drove; he was standing in back yard while PO was out front; taken into custody; house was searched; found numerous items of fake Rolexes; other items that led to serious probation violations
  • Taken to jail; separated from others; eventually went into Sundance 3 (population)

  • In interview with Investigator Robinson, he said on Dec. 17, MM allegedly said he had killed his wife; three days after he went into population; said that 2 days later, MM said "I'm glad the bitch is dead"
  • He knew his situation was serious; knew his PO was upset; he had several cases against him; he was again violating past probation; given 6 month sentence for probation violation; facing 1 year on Walmart, several years on other case
  • Was likely also facing charges on Rolex and other issues (serious issues)
  • While incarcerated, had phone conversations with his wife; discussed other criminal activities he was engaging in (involved Dr. Moore); told his wife to lie to Dr. to get his meds; he instructed her to sell his meds
  • Talked to wife about landlord; instructed her to lie; want to buy the house; need two months; get landlord to agree to that, and then just move out; you defrauded landlord?  Yes; but he defrauded us first
  • Purchased commissary items from MM; couldn't obtain commissary stuff himself; was prohibited
  • Had his wife send him care packages through MM

  • He believed they would run sentences concurrent, but not reduce
  • Wasn't worried that he would go to prison; doesn't remember PO's recommendation (if she recommended going to prison)
  • His lawyer said she'd pass on the info he had on MM; told his wife that it was going to be "really good news"; prosecutor said he wasn't going to send him to prison on his first felony
  • Told his wife that PO was going to recommend prison; prosecutor said he didn't give a f*ck about what PO wanted
  • Believed that he would get a substantial benefit in exchange for MM info; thought all charges would be dropped against him; discussed with wife
  • Discussed with wife that he was previously an informant; doesn't recall details
  • Jan. 24, 2013, told wife that he was probably going to do a full year; later he said he got some good news; his lawyer was going to try to get him out; going over his previous statements (transcript of phone calls with wife)
  • told his little girl, I'm coming home; told wife that Barbara is very confident; just GPS?  I don't think I'll get GPS (GPS tracking monitor)

  • After interview with Robinson, called his wife with really good news; Barbara thinks she can get me out without even GPS; I wouldn't call if not 100% sure; prosecutor has agreed to it
  • Prosecutor agreed to help him out with what he knew; he wanted his record expunged
  • When prosecutors said they could only help a little bit, he said he still wanted to do this
  • Said that "they need me"; said he could be on TV; didn't know the full extent of this
  • Discussion about buying/selling steroids; instructed his wife to start selling his other possessions; sold items to pay for rent (nail compressor, nail gun, stuff like that)
  • Granted immunity for his testimony today; can't prosecute him for what he admitted to today
  • Knew his jail calls were being recorded; knew prosecution had info against him from those calls; facing  serious consequences

  • Back to interview with Robinson; Robinson said that they may be able to do things for him, depending on how they  feel about what info he had to offer
  • Said he was shocked really bad by what MM said, but continued to interact frequently with MM; was still in the same pod
  • MM said "I can get away with a lot of things in here"; "I killed my wife"; two days later, asked MM again; MM said "I'm glad the bitch is dead"; had been in same pod for 5 days
  • Said his brain was flabbergasted; hadn't read newspapers about MM
  • On Dec. 19, he said he talked to MM twice; Dec. 17, 19; today he said something different
  • Testified today about MM talking about his girlfriend; he doesn't remember what MM said about meeting girlfriend
  • Said he didn't hear about Gypsy; thinks the lady MM was talking about - her name started with an M
  • Was given additional benefits regarding pending charges (to run concurrent)
  • Charges were reduced; did not get any additional jail time for two retail theft charges

  • Said he was going to try out for the Utah State collegiate baseball team (he was 27 at the time)
  • He hated probation; he's been on it for 5 years; tired of having PO check on him; "ain't going to do it anymore"
  • May, 2013, was released from probation/GPS for older cases; went on to Facebook and posted that he was "all done"
  • Has a friend named Buddy, who bought some drugs; wasn't always kind to his wife
  • Feb. 13, 2013, told his wife, I think when I get out, I'm going to go down there and be friends with Buddy, and try to get his (witness') stuff back; lawyer implying something that witness said is not true; witness said that some stuff was stolen when some of his stuff was being sold
  • Playing a phone call recording between witness and wife; said he was going to report Buddy to police for burglarizing his house
  • Was going to "get back" at his buddy; she sold stuff to landlord; when Buddy was there borrowing one nail gun (he had three), other things disappeared
  • Told his wife to keep the steroids for him; bothered that everything he worked for was being sold, sold, sold
  • he was going to figuratively stab Buddy in the back for Buddy stabbing him in the back


Re-direct:

  • MM did not ever stab him in the back; has no vendetta against MM
  • Felt Buddy took advantage of his wife while he was incarcerated
  • Nothing was sold to Buddy; believed he stole stuff
  • Testifying because it's the right thing to do
  • Questions about why MM would tell him what he did so quickly after meeting; he and MM built a quick friendship and MM trusted him
  • Told his wife he is worried about being a snitch; afraid his life could be in jeopardy
  • Phone conversation on Jan. 12; told his wife what he expected to get based on what other inmates told him
  • interacted with prosecutors through his attorney; prosecutor that was present during interview did not offer a deal
  • when he said the prosecutor didn't give a "F*ck" about what PO recommendation was; those were his words, not the prosecutors

  • "that case is huge; it's like OJ Simpson huge"; I'll be in the papers; wife says "it's the right thing to do"; he agreed; has to do what he has to do; what happens if he (MM) does it again?
  • He had to live with himself if he didn't testify, and MM got away with it; I know my morals aren't straight but with this, yes
  • He was hoping to get his record expunged; that's not what happened; retail theft charges he pled guilty to; probation violation didn't disappear; did some time on these cases
  • Was hoping with the info he had that he wouldn't do time, but he did time, and testified anyway; no promises from prosecution
  • Immunity for today; his understanding is that they cannot use his testimony today as further evidence against him (Rolex, selling prescriptions, etc.)
  • fearful that his testimony today has affected his life and his business; he stands to lose customers from testifying
  • He wanted to put money on MM's books (give him a cut of what MM got for him from commissary)
  • When he went to enroll at school, he couldn't play due to his age unless he played for community college for 2 years; had moved his whole family to go there
  • Aware that if he's lying today, he could be charged with perjury, obstruction of justice
  • He did not make up statements he said MM made to him


Re-cross:

  • Jan. 31, 2013: he wrote a statement about what MM told him; Dec. 17, and 19th; wrote what was discussed on both days; Spencer asking him to point out where he told about MM saying about affair or about him and his wife fighting; he didn't mention those; came forward with the "big three" comments he felt were most important; has not seen media coverage about MM at all
  • hasn't been charged for selling 3 fake Rolex watches; not charged with distributing meds; or for distributing steroids
  • letter he wrote to judge in Jan. 2013 said couldn't live without wife/daughter; worried about wife leaving him if in jail for a long time
  • Spencer saying he had a lot to gain; he said he had a lot to lose
  • Didn't report to jail that MM had confessed; he told his previous attorney; after third conversation with MM, he told a deputy
  • he says in statement that he had those 2 conversations with MM and hasn't talked to him since; he says they talked again after he made that statement
  • Interview was about a month after he wrote his statement
  • Spencer corrects that the witness did say that MM mentioned affair


Re-re-direct:

  • cannot remember word-for-word what he said in interview with Robinson
  • showing him statements from Dec. 17, and 19th
  • Had subsequent conversations with MM (after the 19th); when he talked to Robinson on the 31st, last conversation (the third) was about "does it look like I'm joking"
  • Once he realized MM was serious, he asked deputy to switch his pod
  • He is telling the truth today


Re-re-cross:

  • If letter was written on Dec. 19, what's the point of saying not talked since?  It was the end of the day
  • Looking at phone record, as late as Jan. 2, 2013, his wife was sending care packages through MacNeill


Jury Questions:

  • What is GPS - ankle bracelet to monitor him while at home


Break for lunch; Judge:  disregard media broadcast you heard earlier; it's not evidence in the case

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Wed Nov 06, 2013 6:05 pm


Jury is not present


Judge:  A computer behind prosecutor began playing a media broadcast; woman reporter made reference to criminal case against MM; who's is that, shut it off; used loud voice to drown it out; wants that on the record

Defense saying more than that was heard; he heard something about MM's wife found in bathtub; gallery people all said no; judge admonished gallery; if they speak up again, they will be excused. Defense saying prosecutorial misconduct during cross; asked for mistrial; State said they didn't hearing anything about a bathtub.

Judge is asking for replay of what was broadcast; holding off on decision regarding mistrial

court in recess until 1 p.m.


Jury is not present

Listened to media broadcast by what was captured by live media recording; bathtub was mentioned; playing the first 30 seconds;  "doctor accused of killing wife"; didn't get the rest; was from ABC

State:  Not done intentionally; shut it down immediately; court gave curative instruction that it is not evidence, and to disregard; no prejudice shown

Judge:  Even if the jury had heard all of that, it would have presented no new information; doubts the jury heard any more than 10-15 seconds; court denies defendant's motion for mistrial
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Wed Nov 06, 2013 6:18 pm


Jury is now present


Inmate #1
  • 38 yrs. old
  • currently in federal prison; Beaumont, TX
  • was in Texarkana Fed. prison summer 2010 to Mar. 2011; serving 9-10 years
  • possession of cocaine with intent to distribute; something about firearms
  • ID'ed MM; got to know him in Texarkana; knew MM for about 6 months
  • In same class (computer class, daily from 7:30 to 2:30); sat nearby
  • He was in C unit; MM was in G unit; not cell mates
  • Took that class until Dec. 2010; MM graduated a little before that
  • Talked in class; got to know outside of class every now and then; in passing; lunch area, maybe outside; walked outside for exercise with him (not that often)
  • Acquaintences; maybe friends; called him Doc because he was known to be a doctor
  • His (witness') foot was bothering him; MM gave him advice on what was wrong with it

  • He was in housing unit one night, someone came and said look at TV; asked if he recognized man; he said, yeah, that's Doc
  • Saw picture of MM and I guess his wife (Nancy Grace show); saw it for a second; went back to his living quarters
  • Talked to MM about what he saw the next morning at breakfast; saw him coming through breakfast line, walked up to him, and asked if he saw the TV; no; about what; about you may have killed your wife; don't say anything to anybody; I'll talk to you later about it
  • Later, outside, spoke to MM; just said they are just doing that because my girlfriend is about to get out; MM told him her name was Gypsy; she was also incarcerated
  • A few weeks later, the NG show came on again; MM said he didn't see it; "they can't prove anything so I don't know why they keep running it"
  • Later, he saw MM outside; talked again; he opened up about it; MM said he gave her some oxy and some kind of sleeping pills; and then got her to get in the bathtub; later on he said he had to help her out; he held her head under water for a little while
  • MM said she was in the way; she wanted the house and the kids; MM said she had some kind of surgery, hence the medication
  • MM said they couldn't prove he did anything

  • 2nd time NG was on, he didn't see it; he heard about it, and asked MM if he had seen it
  • Weeks later he saw MM's face on TV again, in passing (in Beaumont)
  • Hasn't read or seen anything about MM or his case
  • Has not talked to anyone else about it
  • Saw MM working out on weight pile sometimes, walked together; didn't have any walking problems; never saw limp or cane; saw him lifting weights
  • MM would write Gypsy while in class
  • Became aware of MM's arrest in April of 2013; he was in Oakdale, Louisiana (transferred); inmate (Bruce) from Texarkana (was in same class with them) said Doc had gotten out for two months; said he then got arrested for the murder of his wife; he and Bruce were in same unit
  • Talked to his family and counselor about it; made decision to notify authorities; had his niece, Raven, contact authorities
  • Spoke over phone with authorities about two weeks later


Cross:
  • Spencer reading from something; can't hear him (away from microphone); witness came forward so MM's girlfriend didn't get hurt
  • Wants to be a changed person; made some wrong decisions; trying to do right
  • No promises given for his testimony
  • Showing witness email he sent to his niece; "I know he did it, because he told me everything"; I could testify what I know and come home (that's what he believed at that time)
  • He had already decided to testify before he realized it might work out to his benefit
  • Whether it helped him or not, decided it was the right thing to do
  • Talked with Robinson later; he said he didn't know why MM was in prison; MM didn't come right out and say, but let them assume it was for writing bogus prescriptions
  • He said in interview he didn't know why MM was in prision
  • Also discussed circumstances of seeing the NG show and others coming to get him, what he previously said was that MM and his girlfriend got together before wife had passed
  • Going over his interview with Robinson; said "oh, that's Nancy Grace; you can't believe that"
  • Everything Spencer is reading from his interview is the same as he testified to today

  • She was in the way of MM's relationship; he wanted it a different way; he had her have some plastic surgery to fix her up to be in comparison to his girlfriend; he was trying to drug her up to get her to pass out and possibly die
  • Said MM was getting her out of the way
  • One of his family members tried to email him something about MM, but he said he didn't read it because he didn't want it to cloud his memory
  • In interview, he later said he maybe did read something about it later
  • He previously was asked How did what you read compare with what MM told you? Pretty close; can't remember
  • said MM must be in prison for writing those bogus scripts
  • MM kept increasing what he would give her; gave her bigger and bigger doses and it would do the job; so he convinced her to take a bath to relax; hoped she would pass out and drown
  • when she nodded out MM held her there for a while
  • MM said she would take the pills because she did not know what she was taking
  • MM never said they were investigating his wife's death
  • Did he ever say how he felt about his children? Objection - approach

  • MM said she'd take the house if they got divorced
  • said MM had a "slow walk to him"; not sure if it was a limp; we always walked real slow
  • He said he didn't want it to happen to MM's girlfriend; "if he did it once, he could do it again"
  • He thought about getting something in return for his testimony, but he didn't do anything to pursue that
  • He said that MM said "I gave her 4 oxycontin"; he said he loaded her up; was giving her a bunch of them"; he said "dang", because he's taken oxy and knows what it does
  • Has access to phone in prison that he knows is recorded; can also send/receive emails
  • Spencer showing him articles about the case; thinks the article uses the same wording that this witness used; "burden of divorce"; he said he didn't say "burden"
  • Aug. 9, 2013 - phone records; spoke with his mother about "Utah"; he doesn't know anyone else in Utah except MM
  • In phone call, he said the correctional officer said you could be home (if you testify)
  • He said at that time that if they wouldn't give him a deal, he wasn't going to testify
  • the comment about coming home by Dec. was in regard to another motion he had filed (something about 18 to 1)

  • In August, he had no idea when he'd have to come to Utah to testify
  • he was banking on his motion; didn't know what this case would bring
  • knew a rough timeline for this case, but didn't know the date/time he would have to come to Utah
  • Said Raven was going to talk to Jeff (Robinson) to see what they could do (after just saying he wasn't asking for anything in return)
  • "We've got to start working on Jeff and my lawyer next week"
  • Plan A went to Plan B then back to Plan A; referred to "Operation Utah"; it was a joke
  • Aug. 14, 2013; called lawyer; left message
  • Same day, talked to Raven; told her he had called his lawyer; hopefully it will be around Christmas time; trial is October to November; I can't remember exactly
  • Planning for Operation Utah to get him home
  • Aug. 15; another call to mother; asks his mom what "they" said; she said she can't talk about it; mom said something about it being on TV; he said he needed to know what they were saying in regard to being on TV; mom said if you're watching it, don't tell anyone; he said yeah, yeah, yeah
  • His mom watched the show; she emailed him after the show
  • As soon as he read it, he called her; she was telling him when programs about MM were coming on
  • if there are going to be cameras, then that's a wrap (he didn't want to be on TV)
  • Asked investigator (Steve) if he'd get credit for testifying; Steve said he should
  • further discussion of sentence reduction with investigator
  • Investigator said if your testimony is great and you put the nail in the coffin, you might get the remaining 2.5 years off his sentence; witness thought this was possible
  • he didn't ask investigator for anything
  • Aug. 17: call with sister; told her lawyer said "full steam ahead" referring to him testifying


Judge asked for counsel to approach

Recess for the day. Resumes tomorrow morning at 8:30.

Jury is not present

Discussion about jury instructions; state's office is working on them; defense has some; judge asked attorneys to meet together to agree on the instructions; also think about curative instructions, if any, that are to be given.

State: likelihood of closing tomorrow is not highly likely; defense expects their case to be fairly short

Will hear the rest of the state's case tomorrow, the defense's case tomorrow, instructions to jury and deliberation to start on Friday; State asked if deliberations could happen on Saturday. Judge said he'd have to make arrangements, but that it should be possible.

Recess for the day.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Wed Nov 06, 2013 7:56 pm


@ Ann - Tx, Alessandra -

Thank you for the thank you's...lol

You're very welcome!

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Freckles on Wed Nov 06, 2013 8:20 pm

I find the morning convict/wit mostly believable.
He was brutally honest.

The afternoon convict/wit I do not find believable.
He appears to be an opportunist.
What he brings to the court is questionable and often vague.
Nothing he says can be confirmed by anyone else.
The fact that he knows MM was practicing as a doctor, the wit could presume MM was doing time for illegally scripting... which, IMO, is what he did. Wit may have believed and out of his belief he concocted some story. IMO, MM did not speak except in vague terms to this wit...

As for MM killing Michele because a divorce would have cost him the house and his kids? Well, wit knows nothing of the children, how many, or the fact 3 of them were living outside the family home.
Again, he is assuming a reasonable man would be upset over losing a home and custody of his children/having to pay child support. There is nothing to indicate this.(IMO, MM never bonded with the adopted children and may have viewed them as a "project" or "special interest" for Michele. As Michele is now dead, MM had no interest in continuing support or interest in the adopted children.)

JMO... MM did not kill his wife in order to "avoid" payment or fear of losing a home. He killed her because he wanted to be free of the marriage, the duties of a husband and father, AND he wanted to maintain his "status" in the medical and religious community. He waited until his bio children were of age of majority... this was to keep his image as the "loving" father... MM could garner "sympathy" from the community with the "accidental death" of his wife. What the community did not know was the nefarious activities MM was involved in ... the lies; the deceptions; the frauds; and the many affairs...

It is just a hinky feeling that tells me this defendant has killed before... There are just too many "suicides" surrounding him. And these deaths are without a substantiated cause such as long term drug use (accidental), long term mental illness or physical illness, or long term depression. When MM spoke at his wife's funeral and spoke so disrespectfully of his brother and a suicide there, it is obvious the brother's presence served to "embarrass" or humiliate MM. The brother did not serve to elevate MM... hence, the brother became of no value to MM.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Wed Nov 06, 2013 11:36 pm

Inmates: MacNeill said cops 'can't prove it was me'

Amanda Sloane-CNN
Wednesday, November 6, 2013 - 10:00am


~Snipped~

The judge told jurors he expected prosecutors to rest their case sometime Wednesday morning. Prosecutors said they intend to call three additional witnesses to the stand: Two other men who served time with Martin MacNeill and his mistress, Gypsy Willis, who has already testified in his murder trial.

The defense is expected to then call a few witnesses to support Martin MacNeill's alibi, including his co-workers and his daughter's teacher. They have also announced that they'll be calling Brett Besser, an ergonomics expert who is expected to testify that MacNeill was not able to lift his wife's body out of the bathtub by himself.

Read more:

http://www.fox44.com/news/inmates-macneill-said-cops-cant-prove-it-was-me
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Nan11 on Thu Nov 07, 2013 10:19 am

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Thu Nov 07, 2013 12:25 pm


Notes from Nov. 7


Jury is now present

Inmate #1, continued

Cross, continued

  • Discussing Aug. 17, 2013 phone call with Jeff Robinson
  • expressed his concern about trial being televised
  • Jeff wanted to get him out of jail; this witness is their strongest witness
  • He asked Jeff to call his lawyer; Spencer saying this was about asking for something in return for testifying; witness said it was about the trial being on TV
  • Believed he was a very key person; thought at that time that he'd get special consideration
  • (Going over every line of his interview; it's all focused on him thinking he was getting out early in return for his testimony)
  • Jeff told him "you're my number 1 guy"
  • He had mixed feelings at that time about coming to Utah to testify; if the other motion to get him out came first, then he wasn't going to testify here; hadn't yet committed to testify
  • Aug. 20; phone call with Raven; discussing conversation he had with Jeff
  • Mom sent him an email that this case would be on JVM, saying you should watch it
  • Email to Raven; "after this is over, I should be coming home" ("this" being him testifying; not the trial being over); based on a letter he got from his attorney
  • Been involved in system for a long time; if he gives false testimony, he can be charged with perjury; if he testified differently in May with LE vs. here, that's a crime
  • In May, his first email to Raven said he might possibly testify against MM; expressed hope that would lead to him coming home


Re-direct

  • Motivation for testifying is doing the right thing; yes he originally wanted to get out
  • A murder is not acceptable; it was on him to report what he knew
  • Reward was not his primary motive
  • He did not watch the JVM program that his mother told him about
  • When it's state case, Fed. pros. won't help (this witness is from Tennessee)
  • He is not willing to lie to get something in return
  • Mixed feelings about testifying - worried about his security when he goes back; there are things that can happen to you; beaten up, stabbed, killed, burned, as a result of being a snitch; but he's here nevertheless
  • His statement was in May; discussions about coming home were in Aug.
  • 18-to-1 ratio may be applied to his drug case to reduce his sentence; still not sure if he'll be home for Christmas; issue is still pending
  • he's key witness because MM said he killed her
  • worried about being on TV because he has to go back to prison
  • Hasn't struck any deal with Robinson, state or fed. pros. for testifying
  • his lawyer didn't know if he'd get anything for testifying in this case
  • showed him pictures of other inmates; only recognizes himself
  • has tried to keep quiet about why he's here; it's a risk; just wants to be safe
  • has attempted to stay away from media to avoid clouding his memory
  • The articles that Spencer showed him yesterday, he had never seen before or read
  • Not getting paid to be here today
  • Telling the truth today


Re-cross:

  • July 2010 - Dec. 2010 is when he had conversations with MM; yesterday he said it was after the NG show aired; NG aired in Dec; he says he was in special housing in mid-Dec
  • came forward in May



Re-re-direct:

  • came forward in May because he heard that MM was incarcerated



Jury Questions:

  • Are you worried about other inmates recognizing your voice on TV?  Yes



Follow-up:

  • Anyone at his prison could recognize it


Last edited by CuriousPortlander on Thu Nov 07, 2013 9:50 pm; edited 2 times in total (Reason for editing : Fixed typos)
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Thu Nov 07, 2013 4:55 pm


Jury is present


Gypsy Jill Willis, recalled

  • Going chronologically; going back to proposal
  • They did not get married; yet continued to represent that they were married
  • Continued living together; got a marriage license
  • continued to represent herself as Jillian MacNeill; applied for military ID with that name; represented as married
  • 2009; she was arrested; taken into federal custody; plead guilty; sentenced by Judge Benson Sept. 2009
  • Told judge that she and MM had ended their relationship; had had no contact; no anticipated contact; yet they wrote back and forth and expressed terms of endearment
  • Oct. 1, 2009; MM wrote her a letter "dear sweetheart"; informed "them" that she is his common law wife; sent her an affidavit about common law wife
  • MM put money on her books at different times
  • MM said "I love you and miss you more than you can imagine"; she wanted to be in contact; and reciprocated
  • A week later, another letter from MM; happy to receive letter from her
  • Same letter:  do you now think you want to settle here; talking about future plans; I love you sweetheart and will write again soon

  • Another letter from MM:  dearest love
  • I'm dieting and exercising so you will not have to expect a hefty husband when this is over (alluding to future plans); never to be separated again
  • This is all after she told the judge her relationship was over
  • Another letter from MM:  "dearest love"; talking about giving her a vehicle; have loved you from the day we met
  • Nov. 12, 2009; her letter arrived today; MM was waiting on pins and needles
  • Did she ever tell him the relationship was over: no; she was so lonely she wanted the contact
  • Letters said MM put money on her books
  • She made a comment that he might give up on her
  • I love you more than you love me (not sure who said this)
  • Reading excerpts from letters; they are not saying who wrote them (I think MM did)
  • MM wrote on Nov. 14, 2008; you cannot imagine how your letters make me feel
  • MM wrote:  "You are worth everything I go through to get you back in my life"
  • Nov. 17, 2009; MM wrote "I have signed up for the A+ computer technician course"
  • Your second letter was just what I needed
  • I've enclosed a common-law statement; if that doesn't work, let's get married and shut these people up once and for all

  • Nov. 24, 2009:  whatever I have is yours
  • showing envelope from her to Carol Smith; she was a go-between Gypsy and MM
  • Letter she wrote to MM:  Addressed to "Love"
  • We can worry about it all later, closer to when I see you; talking about future plans
  • You are so sweet to send me money; babe, be very careful about what you say in mail
  • I hope you know that I love you and think about you all the time; she was encouraging the mail because she was lonely
  • I worry about you all the time; (it's a scary place, meaning prison)
  • I would not change the fact that we were together
  • Do not fear; I love you and always will
  • Reading a quote from a book that she sent him (about not being able to bear being without him)
  • Signed letter, "Love, your girl"
  • Oct. 11, 2010; had interview with Doug Whitney; judge asked for lawyers to approach



Morning recess

Jury is not present

Judge:  For the record, he asked lawyers to approach; he spoke to counsel; Gypsy's being impeached via inconsistent statements; when made to LE, results in criminal activity; her lawyer can advise her of her rights to not incriminate herself.

Morning recess

Jury is not present

Judge asked Gypsy and her attorney to go to podium; lawyer has advised her of her rights; judge said she will be asked if she lied to LE, which could bring criminal charges; asking if she will plead the fifth or testify; state has granted use immunity; she accepted that; intends to testify, not plead the fifth; judge wants that written use immunity document recorded as part of this trial.

------

Edited to add remainder of her testimony


Jury is now present

Gypsy Jill Willis, continued

  • Found herself in prison as a result of being with him; that terrified her
  • Oct. 2010; every intent to be together
  • MM:  Most of my thoughts are about us being together
  • Nov. 8, 2010; MM wrote "dear one"; she wrote him a letter after she told authorities that the relationship was over; he mentioned a book that he'd like to have in "our" home library
  • Released from jail in Feb. 2011
  • After release, she got the car back (BMW); "it wasn't from him; it was from my previous life"
  • Mar. 2007, she was made aware that Michele was going to have surgery
  • She found out on Apr. 11 in a text from MM that Michele was dead (that afternoon)
  • After that, she took pictures of herself and sent on April 12
  • Isn't it true you are minimizing your relationship?  I don't think so
  • Fair to say you are protective of Martin:  No


Cross:

  • Do you intend to have a relationship with him in the future:  No
  • Hasn't spoken to him in 4.5 years; hasn't written since released from jail; in another relationship now
  • Pictures sent on April 12; she's saying they were created on that date; not sent on that day; not of her breasts; just of her face and back; she remembers taking them but not sending them that day


Jury Questions:

  • When did they obtain the marriage license:  summer 2007; July/Aug


Follow-up

  • Prosecutor showing her a copy of the marriage license:  July 20, 2007


The state rests.


Last edited by CuriousPortlander on Thu Nov 07, 2013 9:58 pm; edited 2 times in total
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Thu Nov 07, 2013 6:11 pm


Defense case is now starting.  So, Direct is now Defense; Cross is Prosecutor


Jury is present

Jim W. VanZant; works at USDC

  • Family nurse practitioner
  • MM was his supervisor
  • April 2007, all practitioners wore knee-length white lab coats; observed MM wearing it at work; pretty consistently
  • April 11, 2007; had two interactions with MM;  first was when he was leaving to pick up Ada from morning kindergarten; talked in hallway; MM said was on his way to pick her up; he left
  • He didn't notice anything about his demeanor
  • Doesn't remember what time; reasonable time to pick up kindergartener
  • Later, was at his desk, his phone rang; it was MM; quite distressed in a hurry/panic; he was doing a "code" on his wife; doesn't remember how soon after hallway conversation; within an hour or two or even shorter; can't say
  • familiar with Martin's office; no one else had reason to use MM's phone
  • His office was in the Medical building; 2.5 min. walk to Heather building (his office was 4 doors down from MM's office; same hallway)


Cross:

  • He previously told LE that there was no nonsense about his voice; totally coherent; he was very distressed; he could understand the words coming out of MM's mouth
  • Told investigators that "people who do what we do professionally know how to deal with life and death situations"
  • MM mentioned that she had had some type of surgery
  • MM later told him that she had hypertension and that she had gone to doctor before surgery to evaluate that
  • MM indicated she was cleared for the surgery
  • At USDC, he dealt with everything a general doctor deals with, except maternity issues
  • Seizures, falls, psychiatric diagnoses; range from runny noses to complicated cancer issues
  • At times, emergency issues
  • Most of the patients at USDC can't tell you what's wrong with them; very challenging
  • MM used the word "code"; code is misused a lot; could mean a lot of things; trauma and cardiac codes are not typically done at USDC; that term would be used to describe those situations
  • They've dealt with resuscitation issues; someone choking, someone being "down" at USDC
  • Almost always, it's airway management issues at USDC; someone's down and not breathing; Heimlich maneuver; clear airway; CPR
  • CPR class; has to be re-certified every year
  • Patient needs to be on firm, flat surface; you give chest compressions at certain rate; give breathing (either through ambu-bag or via mouth-to-mouth)
  • Patients sometimes die; objection; relevance?  Approach...objection sustained


Re-direct:

  • Has never seen MM be involved in a code situation with a family member
  • Has 7 kids; thinks between 11 and 12 is normal pick up time for kindergartener
  • Believes MM left to pick up Ada between 11 and 12
  • If you can't get someone on flat surface; it's best to do what you can where they are


Re-cross:

  • he doesn't know exactly what time it was that MM went to pick up Ada; doesn't know for sure; it was at a reasonable time; knew it was a half-day because he never knew school to go full day


Jury Questions:

  • common practice for MM to call you about his family medical issues?  Professional courtesy to bounce things off each other; they did that on occasion




Last edited by CuriousPortlander on Thu Nov 07, 2013 6:13 pm; edited 1 time in total (Reason for editing : fixed typos)
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Thu Nov 07, 2013 6:14 pm


Linda Strong; kindergarten school teacher; 25 years


  • taught Ada MacNeill; 2006-7; Ada was in her class
  • April 11, 2007; class dismissed at 11:30; she was present; MM came to get her that day
  • He was there between 11:30 and 11:35 to pick up Ada


Cross:

  • Do you have specific recollection of MM picking up Ada that day - Yes


Tammy Black, Probation Officer

  • She is also a police officer; category one
  • PO for Jason Poirier
  • Jason was a moderate; met with him every month in her office (5-7 minutes); saw him every 60 days "in the field"; place of employment, his home, etc.
  • Jan 2011 - Dec 2012; had contact with him about 8 times; not sure
  • First initial contact at home; walk through the home; look for things they shouldn't have
  • Saw him once at a store


No cross; no jury questions

Break for lunch until 1 p.m. (when next witness will be available)
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Thu Nov 07, 2013 6:20 pm


Jury is not present


State doesn't believe foundation was laid for Ms. Black to discredit Mr. Poirier; judge says they were short visits, but not many; foundation is inadequate for her to render an opinion as to truthfulness, reputation, etc. given her limited contact.

Defense makes motion for directed verdict; discussing charges:

obstruction of justice charge; state identified 5 elements:

  • removed pants
  • lied about performing CPR
  • drained tub
  • lied about position in tub to LE
  • disposed of remaining drugs


There was no investigation on April 11, so no obstruction occurred; judge says that means that no one would ever obstruct until an investigation starts.

Defense saying ME's investigation doesn't apply (not LE; part of the state); no dispute that some of the later removed evidence was present when LE came to house (medications; clothing).  Meds were disposed after being counted.  Draining water is not altering evidence to prevent investigation; one of the state's theory is that she was medicated to give her a heart arrhythmia; water not applicable.  Depends on which theory for cause of death the jury believes.  Doesn't believe there's been credible evidence that MM removed her pants.  Regarding CPR, neighbors said he appeared to be giving CPR; 911 dispatcher said she was trying to keep MM on the phone.  Lying about position of body; evidence does not support that.  Even if these things were true, did not hinder investigation.  

Also wants directed verdict for homicide case.  Not as strong as obstruction.  Evidence is not reasonably believable.

State:  homicide:  asking jury to find reasonable inference; has direct evidence from inmate #1 confessing, and how MM did it; believable evidence that he intended to cause her death; evidence he drugged her (and combined effect); inmate #2 said MM said they couldn't prove it because the drugs were prescribed; believes it was a calculated event; arguing intent; if jury believes that he drugged her and got her in the tub and left her, could be depraved indifference to human life.  Believes elements on murder were met.

Regarding obstruction charge, the state is not handcuffed to the elements stated in the probable cause doc (the elements listed above); there's no evidence that MM turned her body over in the tub; couldn't have performed CPR in the tub; he wanted the autopsy done immediately; MM stated that he was worried April 11 afternoon of an investigation; Ada stated mom was fully clothed; those were then gone; he was staging the scene to make it look like an accident.  Ample evidence to support obstruction of justice.  He totally hindered and prevented investigation which postponed his apprehension.

Defense feels depraved indifference should not be included in instructions; jury would have to speculate; if state's theory is intentional, shouldn't include indifference.

Jury instructions to be agreed upon after 3 p.m.  Will take this under advisement and rule after lunch.

Recess for lunch.

Jury is not present

Judge:  Defense moves for directed verdict; court is not free to weigh the evidence; has the state produced believable evidence from which the jury could convict?  Court must view the evidence in favor of the state; court denies the motion as to both counts.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Thu Nov 07, 2013 6:25 pm

Jury is now present

Brett William Besser; works for OSHA; specializes in ergonomics

  • discussing lifting, spine injuries, limitations
  • certified ergonomist since 99 or 2000; not sure
  • Shown picture of bathroom where he performed tests; also diagram of bathroom
  • the more you reach out, the more potential the risk is for injury; the more compression there is on discs/vertebrae
  • lack of access to the bathtub on the shower side
  • used surrogate about the same size and weight in the tub to experiment and take measurement
  • not sure how slippery the surface would have been
  • used an assumption for body position in the tub
  • Michigan "formula" for lifting treats body as if it's a machine; looks at capabilities of body parts in lifting and takes those measurements; used a harness for safe lifting
  • took measurements how far a person would have to reach
  • the harder it is to lift, the more stress it causes
  • used a meter to measure force; assumed victim weighed about 180; you'd have to lift about 140 pounds
  • Filled tub with water, then surrogate; then drained water; (missed the numbers; went too fast)
  • Has two equations he can plug measurements into
  • Lifting indices define what's safe; if safe, most people can do this; if not, some will be injured
  • highly unlikely MM could have gotten Michele out of the tub
  • (sorry; I can't follow this guy; hard to capture; oops, lost feed)


Cross:

  • All of his analysis is about risk of injury; the proof of capability is related to the injury
  • You could still perform a task, and be hurt, but accomplish the task
  • State showing that the "limited access" caused by shower still allows access
  • Assumed water on the floor from photo taken; that picture was taken long after Michele was at the hospital
  • to lift Michele in a completely safe manner, a harness would have been best; or someone else to help
  • Talking about patient guide for nursing assistants to give guidance to staff on how to evaluate potential lifting situations in a safe manner; reduce job related injury
  • those guidelines don't fit when you need to life a spouse in a life-threatening situation

  • Going through sources this witness referred to in his report; he doesn't remember his sources
  • witness didn't bring most of these materials with him
  • One of those sources described a situation; he says it's scientific, but he doesn't remember anything about it
  • Source says there's no safe way to lift someone; need mechanical lifts
  • Prosecutor:  If safety isn't an issue, why are we talking about it today?
  • Going over next source from his report; doesn't remember this source either; it's a manual; describes peri-operative (he thinks it means post operative; it means pre); not emergency situations

  • Showing another source; he doesn't remember that one, either (sort of remembers);  prosecutor showing that this source is reporting on the same study as a previous source; article that alludes to the same study; that study yielded some surprising results, didn't it?  I don't know.
  • Study says when two people share the work of lifting, it didn't lessen the load
  • author recommends lifting devices again; prosecutor asked if author had relationship with device company
  • Showing another article he cited; "looks familiar"; assess compensation costs; "it could have been"
  • that source is about mechanical lifting devices; he doesn't know; program to reduce risk of injury

  • Shows witness another source he cited; this one looks familiar
  • He used a "coupling factor" of poor; (lost my feed)
  • He made an assumption as to the graspability or grabbability (couldn't tell which one he said) as poor
  • He didn't add in the coupling factor; must be the "1"; prosecutor said isn't the "1" something else; and he agreed; coupling factor was not in the formula; missed that typing it into the report; not sure if he missed that in his analysis
  • Looking at another document; he did mention the coupling factor, but left that off his report
  • His computational factor of vertical lift, used her height of 68 inches to determine what her seated armpit position would be; the longer a person is, the more significant that factor is going to be, depending on what you're doing with them
  • his calculation does not take into account adrenalin
  • never seen a case description of that happening (adrenalin-driven:  like a mother lifting a car off a child)
  • His computation shows that the safe/recommended weight limit is 11.2 pounds
  • Lifting index above 3 is a high risk of injury; unacceptable risk
  • 11.2 pounds times lifting index of 3 = 33.6 pounds; therefore they should use a mechanical lifting device to be safe
  • Now he's saying this applies to a work situation; not this

  • His opinion is addressing if 6'2" person lifting 5'6" person (missed his weight)
  • Obesity is a BMI of 30 or higher (Body Mass index); described Michele as borderline obese; women generally have higher BMI, even though you use the same computation
  • He computed her BMI based on her being 5'6", 182 pounds
  • the lower the height with the same weight, the higher the BMI
  • He used 68 inches in one measurement, in another he used 66; prosecutor says those numbers support his position
  • Now he can't remember how to calculate BMI; would have to look it up
  • Going back to autopsy report; prosecutor recalculates her BMI as 28.06; he calculated above 30 based on info he was given (not based on autopsy data)
  • EMTs worked on her for a while; assume 2 liters of fluid administered during resuscitation; BMI comes out at 27.something
  • his report says only 7% of the population (of people matching MM's height/weight) would have the proper torso strength to lift her
  • highly unlikely but not impossible


Re-direct:

  • Body mass is not a variable in his calculations; neither is water on the floor



The defense rests.

Court in recess until 8:30 a.m. tomorrow


Attorneys and judge worked on jury instructions this afternoon after the jury left.

Tomorrow: Closing Arguments, instructions to the jury, and the case should be turned over to the jury for deliberation by noon.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by ishi on Thu Nov 07, 2013 8:53 pm

If anyone can stomach HLN's After Dark show the adopted daughter Giselle MacNeill will be on tonight sharing family secrets. She was the one that was sent back to the Ukraine so Gypsy could assume her identity.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Thu Nov 07, 2013 9:57 pm

Published on Nov 7, 2013



Martin MacNeill Trial - Day 13 - Part 1 (Gypsy Willis)




Martin MacNeill Trial - Day 13 - Part 2 (State Rests)




Martin MacNeill Trial - Day 13 - Part 3 (Defense Rests)


http://www.youtube.com/user/croakerqueen123/videos
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Thu Nov 07, 2013 10:01 pm

Published on Nov 7, 2013



Martin MacNeill Trial - Day 13 - Reviewing Jury Instructions

http://www.youtube.com/user/croakerqueen123/videos
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Alessandra_Deux on Thu Nov 07, 2013 10:20 pm

Witnesses testify MacNeill was not home when his wife died (Video)

By Jennifer Dobner, Ksl.com Contributor, Associated Press

Updated - November 7th, 2013 @ 7:23pm

PROVO — Attorneys for Martin MacNeill mounted his defense with just four witnesses on Thursday, relying on the testimony of a co-worker and his daughter’s teacher to bolster the claim that the former doctor was at work or with his children when his wife died.

Jim Van Zant, a nurse at the Utah State Developmental Center, said he spoke to MacNeill as the clinical director was leaving the American Fork facility to pick up his daughter Ada from school. That was between 11 a.m. and noon, Van Zant testified. Within an hour or two, Van Zant said MacNeill called to report he was “doing a code on his wife.”

“He was quite in distress,” Van Zant said, later agreeing with a Utah County prosecutor that there was “no nonsense about (MacNeill’s) voice.”

Read more:

http://www.ksl.com/?nid=148&sid=27435595#P4ddIDhUwmC5j7YS.99
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by olivier57 on Fri Nov 08, 2013 1:46 am

Hi,

At the Development Center, they were unable to plan precisely the safety fair event, had to be ready at any moment because of him and eventually received a call between 10:40 and 10:50 that he will come soon. Then he arrived anxious and in a rush around 11:05. The safety fair lasted 15 mn (end at 11:20 ?) and he picked up Ada at 11:30/11:35.

In my opinion, it's unlikely that 15 mn would be enough to go back home, kill his wife and return when the trip could be 6-7 mn. Conversely, making everyone waiting, and announcing suddenly to be there at 11:00 makes me think that he knew she was dead somewhere about 10:45 when he called the Development Center.

The body temperature would have been an important clue but if the water and the bathroom were quite warm that could have kept it high. Unfortunately, Mrs Daniel and paramedics were vague about the skin temperature, neither warm nor cold.

Before or after the safety fair event, anyway, he is guilty, especially because he knew the bad health of his wife and forced an unecessary surgery to take place which led finally, with help or not, to her death ... "just in time".

Thanks to Alessandra, Nan, Ishi, Freckles and Ann for all links and special thanks to Curious Portlander for all thoses notes which helped me to follow this trial.

verdict soon...

Olivier

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Nan11 on Fri Nov 08, 2013 10:28 am

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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Nan11 on Fri Nov 08, 2013 10:31 am

olivier57 wrote:Hi,

At the Development Center, they were unable to plan precisely the safety fair event, had to be ready at any moment because of him and eventually received a call between 10:40 and 10:50 that he will come soon. Then he arrived anxious and in a rush around 11:05. The safety fair lasted 15 mn (end at 11:20 ?) and he picked up Ada at 11:30/11:35.

In my opinion, it's unlikely that 15 mn would be enough to go back home, kill his wife and return when the trip could be 6-7 mn. Conversely, making everyone waiting, and announcing suddenly to be there at 11:00 makes me think that he knew she was dead somewhere about 10:45 when he called the Development Center.

The body temperature would have been an important clue but if the water and the bathroom were quite warm that could have kept it high. Unfortunately, Mrs Daniel and paramedics were vague about the skin temperature, neither warm nor cold.

Before or after the safety fair event, anyway, he is guilty, especially because he knew the bad health of his wife and forced an unecessary surgery to take place which led finally, with help or not, to her death ... "just in time".

Thanks to Alessandra, Nan, Ishi, Freckles and Ann for all links and special thanks to Curious Portlander for all thoses notes which helped me to follow this trial.

verdict soon...

Olivier
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by Freckles on Fri Nov 08, 2013 10:31 am

ishi wrote:If anyone can stomach HLN's After Dark show the adopted daughter Giselle MacNeill will be on tonight sharing family secrets. She was the one that was sent back to the Ukraine so Gypsy could assume her identity.
I tried to find a link or see if it was posted to youtube. No luck!

Stumbled on this on our home page so wanted to share the link.
http://callsforjustice.wordpress.com/2013/11/07/martin-macneill-murder-trial-day-13/

Must be my lucky day! Link actually posted.
Thinking it is either the new spyware or the new keyboard. Worked fine with old keyboard...hmmm.
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Fri Nov 08, 2013 1:12 pm


There was discussion in Chat this morning about who went to get Giselle back from the Ukraine:

"Meanwhile, it had been nearly a year since Giselle left and she was languishing in Ukraine. Her older sisters were worried. Without telling MacNeill, their cousin Jill Harper traveled to the Ukraine to check on Giselle. She said conditions there were terrible."

Source: http://abcnews.go.com/2020/wifes-death-dark-secrets-utah-doctor-revealed/story?id=12982985&page=3


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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

Post by CuriousPortlander on Fri Nov 08, 2013 1:13 pm

ishi wrote:If anyone can stomach HLN's After Dark show the adopted daughter Giselle MacNeill will be on tonight sharing family secrets. She was the one that was sent back to the Ukraine so Gypsy could assume her identity.
Here's the link to it:  http://www.hlntv.com/shows/after-dark
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Re: Michele MacNeill Found Deceased 4/11/07, Martin Macneill Charged With Murder

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