Posts Tagged ‘daily herald’

Final pretrial hearing held in Martin MacNeill murder case

Posted in The MacNeill Story on October 10th, 2013 by admin – 3 Comments

Al Hartmann | The Salt Lake Tribune Martin MacNeill, a doctor accused of murdering his wife appears in Judge Sam McVey’s Fourth District Court in Provo Wednesday October 10 for his preliminary hearing.

October 09, 2013 12:25 am  •  Paige Fieldsted – Daily Herald

PROVO — In the final hearing before Martin MacNeill stands trial for murder a number of motions were ruled in hopes of making the extensive trial run smoothly and without interruptions.

Fourth District Judge Derek Pullan ruled that prosecutors cannot elicit opinions about whether or not MacNeill grieved appropriately or not following the death of his wife, Michele. Prosecutors may call on witnesses to describe how MacNeill acted and what they saw and heard but the decision as to whether that was appropriate grief will be left to jury.

Judge Pullan also denied a motion to dismiss the obstruction of justice charge against MacNeill. Defense attorney Randy Spencer argued that the statute of limitations had run out and it wasn’t his clients fault that he was in federal prison in Texas and couldn’t be prosecuted before the statute ran out. Pullan denied the motion saying that MacNeill made the choice to be in Texas by committing a federal crime in a state where there is no federal prison.

Judge Pullan also ruled that several federal inmates and at least one former Utah County Jail inmate can testify at the trial. Spencer argued that the inmates are inherently unreliable and are therefore not competent to testify. Judge Pullan said that the defense could show unreliability through cross examination and that there was no legal reason as to why the inmates testimony should be excluded from trial. Pullan, however, did order that the Utah County Attorney’s Office disclose any offers or deals that have been given to or will be given to the inmates based on their cooperation at trial. read more »

Michele MacNeill can’t be called “the victim” at murder trial

Posted in The MacNeill Story on October 2nd, 2013 by admin – Be the first to comment

PROVO – Just two weeks before Martin MacNeill is scheduled to stand trial for the murder of his wife, Michele, a number of motions are still in the process of being ruled on.

Monday afternoon, 4th District Judge Derek Pullan ruled on a motion filed by the defense regarding a number of statements the prosecution can and cannot make during the trial including calling Michele a victim. read more »

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 »

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 »

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.

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 »

Doctor accused of killing wife heading to trial

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

October 12, 2012 12:25 am  •  Jim Dalrymple – Daily Herald

PROVO – After nearly two hours of argument Thursday morning, 4th District 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 »

Doctor’s former mistress testifies about relationship

Posted in The MacNeill Story on October 11th, 2012 by admin – 1 Comment

Jim Dalrymple – Daily Herald

PROVO – Just days after Rachel MacNeill’s mother, Michele, died in 2007, her father, Martin MacNeill, asked her to accompany him to the LDS temple in American Fork. He wanted to pray about getting a nanny for the family, Rachel testified Wednesday in court, so she went.

But when Rachel and her father arrived, he suggested participating in initiatory ceremonies — which meant they wouldn’t have a chance to talk about getting a nanny — then later he met her outside where they were confronted by a woman.

According to Rachel, MacNeill asked the woman her name at least three times. Each time, the woman replied that she went by Jillian. After she left, MacNeill suggested they take the woman out to lunch, though Rachel insisted she just wanted to talk about the nanny. Then MacNeill snapped.

“He said ‘Rachel, you’re never going to amount to anything in life. You think everything’s going to be handed to you,’ ” Rachel testified. read more »

Murder case: Woman testifies of affair with Martin MacNeill before, after his wife’s death

Posted in The MacNeill Story on October 11th, 2012 by admin – Be the first to comment

By , Deseret News
Published: Wednesday, Oct. 10 2012 7:43 p.m. MDT

PROVO — Giving calm, direct, matter-of-fact answers, the woman who had an affair with a Utah doctor accused of killing his wife, took the witness stand Wednesday.

Gypsy Jyll Willis, who also went by Gypsy Jyllian MacNeill at one point, testified on the fifth day of a preliminary hearing ofMartin MacNeill, 56, who is charged with murder and obstructing justice in the April 2007 death of his wife, 50-year-old Michele MacNeill.

Prosecutors contend MacNeill killed his wife in order to be with Willis. Within weeks of his wife’s death, Willis moved into the MacNeill house as the children’s new nanny.

But Willis said that when she and MacNeill started seeing each other, there was no intention of a long-term relationship. read more »

Murder hearing focuses on drugs found in Michele MacNeill

Posted in The MacNeill Story on October 11th, 2012 by admin – Be the first to comment

By , Deseret News
Published: Tuesday, Oct. 9 2012 6:21 p.m. MDT

PROVO — Dr. Todd Grey admits the pieces of information he had regarding the death of Michele MacNeill didn’t change between 2008 and 2010. But his mindset did.

“My thinking about the case changed,” the veteran Utah state medical examiner conceded from the witness stand Tuesday.

During cross-examination on the fourth day of a preliminary hearing in the murder case of Martin MacNeill, defense attorney Randy Spencer tried to raise the argument that Grey was pressured into changing his opinion about Michele MacNeill’s death so they could file a homicide charge.

But Grey said that was not the case. read more »

Witnesses testify about death scene, drugs at MacNeill hearing

Posted in The MacNeill Story on October 11th, 2012 by admin – Be the first to comment

October 10, 2012 12:25 am  •  Jim Dalrymple – Daily Herald

PROVO – Steve Mickelson had worked with Martin MacNeill for seven years when he received a call on April 11 saying there was a problem.

“I had just received a call from Martin,” Mickelson testified Tuesday in court. “Something’s wrong at Martin’s home, and can you come over.”

Mickelson said when he arrived at the home he saw MacNeill’s wife, Michele, on the floor receiving CPR. Mickelson also testified that Michele wasn’t wearing any clothes and that a nearby bathtub was empty.

Michele never regained consciousness and was pronounced dead later that day. Mickelson’s testimony was part of MacNeill’s preliminary hearing, during which prosecutors are attempting to prove they have sufficient evidence to charge him with murder for her death. The hearing began last week and has included testimony from various experts, law enforcement officers and MacNeill family members. read more »

Responding officers testify in MacNeill murder case

Posted in The MacNeill Story on October 6th, 2012 by admin – Be the first to comment

October 04, 2012 1:47 pm  •  Jim Dalrymple – Daily Herald

PROVO — One of the first cops to arrive at the home of Martin MacNeill on April 11, 2007, Pleasant Grove officer Ray Ormond said he found a woman lying on a bathroom floor.

“She was bluish in color, kind of pale,” Ormond testified Thursday morning in court. “She had clothing on the upper half of her body, she was wet on the upper half of her body.”

The woman was MacNeill’s wife, Michele, who was pronounced dead later that day, despite efforts by Ormond and others to revive her. After an extensive investigation, prosecutors charged MacNeill with murder, saying he intentionally plotted Michele’s death. read more »

Murder hearing: Doctor gave extra meds to Martin MacNeill’s wife at MacNeill’s request

Posted in The MacNeill Story on October 6th, 2012 by admin – Be the first to comment

Witnesses testify of day Michele MacNeill died in her Pleasant Grove home

By , Deseret News

Published: Wednesday, Oct. 3 2012 6:46 p.m. MDT

PROVO — Martin MacNeill was the “stronger” personality, the “dominant” personality, the one who neighbors talked to and the one who commanded conversations with the doctors who worked with his wife, Michele, witnesses testified Wednesday.

He taught Sunday School classes. She wrote on the board for him in her beautiful calligraphy. He answered questions about her medical history for her as she deferred to him. Neighbors who often talked to Martin MacNeill, 56, said they don’t remember doing much more than exchanging casual pleasantries with his wife. read more »

Ex-lover testifies doctor made homicidal comments

Posted in The MacNeill Story on October 6th, 2012 by admin – Be the first to comment

October 04, 2012 3:20 pm  •  Jim Dalrymple – Daily Herald

PROVO — Anna Walthall was going through a messy divorce in 2005 when she turned for support to the doctor working at her laser hair removal company.

“I was going through lots of life changes and didn’t have a support system,” she said. “And Martin stepped in to help me. It turned info a sexual relationship. An affair.”

Walthall was referring to Dr. Martin MacNeill, who sat across a courtroom from her, shackled and facing a murder charge for killing his wife, Michele, in 2007 after she had plastic surgery.

Years before that alleged killing, however, Walthall recalled hearing MacNeill make a series of homicidal comments. She said shortly after her relationship with MacNeill turned sexual he told her about a time that he nearly killed his mother. According to Walthall, MacNeill didn’t have a good relationship with his mother and one day saw her passed out on a couch. He responded by going around the house, collecting all the medication he could find and putting them in a beer. Then he served it to his mother. read more »