Posts Tagged ‘Motion To Dismiss’

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 »

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 »