Martin MacNeill murder case assigned to new judge

Posted in The MacNeill Story on September 4th, 2013 by admin – Be the first to comment

 

Judge Samuel D. McVey speaks to Martin Joseph MacNeill and his Attorney Randall Spencer during his initial appearance Monday, Aug. 27, 2012 in Provo Utah. Scott G Winterton/Deseret News

September 04, 2013 12:25 am  •  Paige Fieldsted – Daily Herald

PROVO – The murder case against Martin MacNeill has been assigned to a new judge in the 4th District Court.

The motion to disqualify Judge McVey, along with supporting documents, is sealed and not accessible to the Daily Herald, but the motion was granted on Aug. 27 and Judge Derek Pullan was reassigned the case.

According to court documents in the case, the Rule 63(B) motion to disqualify was filed the day prior and a telephone conference with Judge McVey was held on Aug. 27. McVey referred the motion to Presiding 4th District Judge David Mortensen who made the reassignment. According to court documents, the motion was filed by the defense and the Utah County attorney’s office opposed the motion.

According to Utah Code, any party in a case can file a motion to disqualify a judge based on bias, prejudice or a conflict of interest. read more »

Doctor accused of killing his wife to face trial in October

Posted in The MacNeill Story on August 12th, 2013 by admin – Be the first to comment

Posted on: 12:04 pm, August 12, 2013, by Ben Winslow, updated on: 06:50pm, August 12, 2013

PROVO, Utah — A judge here refused to dismiss prosecutors from a high-profile murder case of a Pleasant Grove doctor accused of killing his wife.

After hearing arguments Monday morning, Fourth District Court Judge Samuel McVey declined to disqualify the Utah County Attorney’s Office from prosecuting Dr. Martin MacNeill on murder and obstruction of justice charges. read more »

Judge won’t dismiss MacNeill murder case

Posted in The MacNeill Story on March 7th, 2013 by admin – Be the first to comment

March 06, 2013 12:25 am  •  Paige Fieldsted – Daily Herald

PROVO – Tuesday should have marked the beginning of a six-week murder trial in the Martin MacNeill case, but instead attorneys are still hashing out issues of evidence and alleged misconduct by both parties.

In December MacNeill’s defense attorneys filed a motion to dismiss or disqualify the Utah County Attorney’s Office from prosecuting the case. On Tuesday morning the two sides met to argue the state’s motion to strike that motion.

Prosecutor Sam Pead argued that the defense didn’t provide grounds for dismissal in its original motion. Pead also argued that the defense brought forth a number of issues that weren’t addressed in the original motion, which shouldn’t be considered by the judge when he makes his decision. read more »

Judge declines to dismiss Martin MacNeill murder case, but will consider disqualifying prosecutors

Posted in The MacNeill Story on March 7th, 2013 by admin – Be the first to comment

By , Deseret News
Published: Tuesday, March 5 2013 5:28 p.m. MST

PROVO — A judge on Tuesday threw out a motion to dismiss the murder case against a Pleasant Grove doctor accused of killing his wife.

But 4th District Judge Samuel McVey will let attorneys for Martin MacNeill, 57, pursue an alternative course in seeking to have the Utah County Attorney’s Office disqualified from prosecuting him.

“I believe the defense should be able to present their case,” the judge said Tuesday, noting that he will ask defense attorneys to give a specific list of issues they want to explore. “I want to make sure this doesn’t turn into a fishing expedition.” read more »

Judge won’t dismiss murder case against Utah doc Martin MacNeill

Posted in The MacNeill Story on March 7th, 2013 by admin – Be the first to comment
Courts » Defense says prosecution withheld thousands of pages of evidence on MacNeill.

By Jessica Miller

| The Salt Lake Tribune

 First Published Mar 05 2013 05:53 pm • Last Updated Mar 06 2013 08:16 am

Provo • Prosecutors in the Utah County Attorney’s Office and attorneys for physician Martin MacNeill are trading accusations of misconduct in the murder case against the Pleasant Grove man, accused of killing his wife in 2007 so he could continue an extra-marital affair.

Full article here

Attorneys for Martin MacNeill want his murder charge thrown out

Posted in The MacNeill Story on January 7th, 2013 by admin – Be the first to comment

By , Deseret News
Published: Monday, Dec. 17 2012 1:20 p.m. MST

ROVO — Attorneys for a Pleasant Grove doctor charged with murdering his wife filed a motion Monday to dismiss the case.

In the motion, attorneys for Martin MacNeill ask for either a dismissal of the charges against their client or the disqualification of the Utah County Attorney’s Office from prosecuting the case. They allege that prosecutors and investigators with the Utah County Attorney’s Office kept them from more than 1,000 pages of information — some of it “explosive” — that they believe points to their client’s innocence.

MacNeill, 56, has pleaded not guilty to charges of murder, a first-degree felony, and obstruction of justice, a second-degree felony, in the April 11, 2007, death of his wife, Michele MacNeill, 50. He was ordered to stand trial following a preliminary hearing in October. A five-week trial is scheduled to begin March 5, 2013.

MacNeill’s attorneys argue that the case has been “irreparably compromised” because of evidence they say they asked for and never received, including information about the MacNeills’ son, Damian. read more »

Martin MacNeill’s attorneys accuse county of withholding info

Posted in The MacNeill Story on December 18th, 2012 by admin – Be the first to comment

Paige Fieldsted – Daily Herald

PROVO — Attorneys for a former Pleasant Grove doctor filed a motion Monday morning asking a judge to dismiss the murder charge against him.

Attorneys Randall Spencer and Susanne Gustin asked that the case be dismissed or that the Utah County Attorney’s Office be disqualified from prosecuting the case against Martin MacNeill. MacNeill has been charged in the 2007 death of his wife, Michele MacNeill.

In a 47-page memorandum outlining the reasons for their motion the attorneys wrote, “One of the main reasons for this motion is that the defense team has obtained ‘explosive’ information from a ‘thumb drive’ containing nearly one thousand pages of documents that were not provided to counsel after repeated requests for information from the Utah County Attorney’s Office.” read more »

‘Explosive allegations’ emerge in doctor’s murder case

Posted in The MacNeill Story on December 17th, 2012 by admin – Be the first to comment

Posted on: 8:30 pm, December 17, 2012, by updated on: 10:43pm, December 17, 2012

PROVO, Utah — Defense attorneys for a Utah County doctor accused of killing his wife filed a bombshell document on Monday, accusing prosecutors of misconduct and seeking to have his case dismissed.

Dr. Martin MacNeill’s attorneys, Randy Spencer and Susanne Gustin, filed the 47-page motion in Provo’s 4th District Court, accusing the Utah County Attorney’s Office of withholding evidence they are legally entitled to. They said they discovered what was missing when a subpoena was served on a prosecution witness, who handed over a thumb drive.

According to the motion, the defense attorneys claim they found thousands of pages of information — including evidence of another potential suspect in the case, destroyed information, and one of their star witnesses being asked by prosecutors to question a child witness. read more »

MacNeill attorney argues for specifics from prosecutors

Posted in The MacNeill Story on November 27th, 2012 by admin – Be the first to comment

November 27, 2012 12:26 pm  •  Daily Herald

Martin MacNeill was in court on Tuesday morning for a scheduling conference. After the defense filed a motion requesting a bill of particulars earlier this month oral arguments were set for Dec. 17.

Defense attorney Randy Spencer said they are looking for the date, time, place and acts that MacNeill did to cause his wife Michelle’s death so they can defend against those accusations.

It also was decided a pool of 120 potential jurors will be use to select the jury and that the jury selection process will begin in early January.

The trial is scheduled to begin in March.

Martin MacNeill asking for specifics in murder case

Posted in The MacNeill Story on November 15th, 2012 by admin – Be the first to comment

November 15, 2012 12:22 am  •  Paige Fieldsted – Daily Herald

PROVO – Martin MacNeill, a former Pleasant Grove doctor accused of killing his wife in 2007, is seeking more information on the charges he is facing.

In a motion filed by defense attorney Randall Spencer this month, MacNeill is asking the court to require prosecutors to provide a document called a bill of particulars. Specifically, the defense is asking for “a more specific statement of the state’s theory as to the precise time defendant allegedly administered drugs to the decedent, how defendant allegedly administered drugs to the decedent, the precise time of death and the precise cause of death — was it a heart arrhythmia, drowning, potassium poisoning or something else?” Spencer wrote in his motion. read more »

MacNeill pleads not guilty, trial date set for next year

Posted in The MacNeill Story on October 23rd, 2012 by admin – Be the first to comment

October 23, 2012 12:18 am  •  Paige Fieldsted – Daily Herald

PROVO – Martin MacNeill pleaded not guilty to charges of murder and obstruction of justice on Monday. MacNeill is charged with killing his wife Michele in 2007.

Earlier this month, 4th District Judge Samuel McVey ruled there was enough evidence for MacNeill to stand trial on the two felony charges after six days of testimony during a preliminary hearing. The trial will be from March 5 to April 10.

“We are happy it is after the holidays,” Alexis Somers, MacNeill’s daughter, said. “I am anxious to see this resolved and put my father in jail permanently for my mother’s murder.”

Defense attorneys Randall K. Spencer and Susanne Gustin say they will be using at least a week during the trial for MacNeill’s defense.

“We have plenty of time to be prepared and we will be putting on a vigorous defense,” Gustin said. “Martin is looking forward to proving his innocence.”

MacNeill will be in court again on Nov. 26 for a scheduling conference.

MacNeill murder trial set for March

Posted in The MacNeill Story on October 22nd, 2012 by admin – Be the first to comment
By Emiley Morgan
October 22nd, 2012 @ 8:20pm

PROVO — A five-week trial has been set for March in the case of a Pleasant Grove doctor charged with murder in his wife’s 2007 death.

The trial of Martin MacNeill, 56, was scheduled to begin March 5 and continue through April 4 during a hearing Monday in 4th District Court. MacNeill also pleaded not guilty to charges of murder, a first-degree felony, and obstruction of justice, a second-degree felony, in connection with the April 11, 2007, death of Michele MacNeill, 50. read more »

Judge: MacNeill to stand trial for wife’s murder

Posted in The MacNeill Story on October 12th, 2012 by admin – Be the first to comment

Posted on: 12:01 pm, October 11, 2012, by  and 

PROVO, Utah – A Utah County doctor will stand trial for allegedly killing his wife in 2007.

The decision was made Thursday during Dr. Martin MacNeill’s preliminary hearing. read more »

Utah County doctor ordered to trial for wife’s 2007 death

Posted in The MacNeill Story on October 12th, 2012 by admin – Be the first to comment

Pleasant Grove man showed “evidence of a guilty mind” after woman’s ’07 death.

By Jessica Miller | The Salt Lake Tribune - First Published Oct 11 2012

Provo • There wasn’t any single piece of evidence that made up Judge Samuel McVey’s mind when he ruled that Martin MacNeill, a 56-year-old Pleasant Grove doctor, would stand trial in the 2007 death of his wife.

Full article here

Pleasant Grove doctor going to trial on murder charge

Posted in The MacNeill Story on October 12th, 2012 by admin – Be the first to comment

JIM DALRYMPLE – DAILY HERALD

PROVO — After nearly two hours of argument Thursday morning, Judge Samuel McVey walked into a Provo courtroom and ordered Martin MacNeill to stand trial for murder.

MacNeill, who was shackled and sitting across the room in a jail jumpsuit, cocked his head slightly to the left but otherwise showed no emotion as the judge read the ruling.

The decision means a jury likely will hear the evidence that in August led prosecutors to charge MacNeill with first-degree felony murder and second-degree felony obstruction of justice. The charges stem from allegations that MacNeill killed his wife, Michele, in 2007 a week after pushing her to have plastic surgery.

After delivering his ruling Thursday, McVey provided a lengthy explanation of the case as it had been argued over nearly two weeks of testimony. Among other things, the explanation detailed how MacNeill, a doctor, was having an affair with Gypsy Willis at the time of Michele’s death. McVey went on to single out testimony by Willis and another of MacNeill’s former mistresses as being “inherently incredible.” read more »