Delayed Justice

Both Matthew (Skip) and Paul Jones stood mute today at their arraignment in 27th Circuit Court, and their attorneys asked Chief Judge Anthony A. Monton to enter not guilty pleas on their behalf.  The business with the Jones brothers took very little time, nine and a half minutes, as one at a time, each stood with his attorney before the bench. While the state would be ready to go to trial in January or early February, both defense attorneys had asked for more time to ready their cases. There are likely more than 4,000 pages of reports and more than a hundred hours of recorded interviews and supplemental materials. “Nothing like I’ve ever encountered in my practice,” said Matt Jones’ attorney Rick Prysock.  The judge allowed that beginning the trial April 20, 2015, would be within the allowable maximum to provide what’s called a speedy trial, although pushing against a May 30th deadline. Judge Monton said that the trial is scheduled for two weeks.

The brothers will face trial at the same time, but each one will have a separate jury panel.

The court also set Oct. 28 at 8:30 a.m. as a date and time for his ruling on preliminary motions both the defendants’ and the state’s attorneys will file. This is a way to ask the court to make rulings on inclusion or exclusion of evidence.

Circuit Court Arraignment from David Schock on Vimeo.

The arraignment in 27th Circuit Court is a procedural matter. It marks the formal acceptance by that court of the charges against Matthew (Skip) Wayne and Paul Jones. It’s likely that the defense attorneys will argue for bail. And it will be up to Chief Judge Anthony A. Monton to decide the matter.

At the arraignment, according to a State of Michigan website, “You will enter a plea of guilty or not guilty, or you may stand mute. After the arraignment, a trial date will be set. The time between arraignment and trial is used to prepare for trial. Often, the prosecutor and the defendant will make a plea agreement.” (http://courts.mi.gov/self-help/center/casetype/pages/felony.aspx.)

Often, there are motions that have to be sorted out before the matter sees a court date. We’ll just see how it goes. It wouldn’t be unusual for a matter like this to take six to nine months before the trial begins. And that trial might take up to three weeks.

This week I have been videofiling the entire preliminary hearing  in White Could of Paul and Matt Jones, the brother accused of the murder of Shannon Marie Siders in 1989.

Wednesday and Thursday…two full days of testimony, legal arguments, and drama. You can read the excellent reportage of John Hausman of the Muskegon Chronicle (mlive) here. There are several related stories to pick and choose from, chronicling the several days. John was filing at least two stories a day. And then yesterday, Friday, Judge Bradley G. Lambrix handed down several legal opinions concerning admissibility of evidence, paused, and launched into his decision binding over the brothers for trial on first degree murder changes. They are scheduled for circuit court arraignment at 9:30 a.m. Tuesday, September 30th, before Chief Judge Anthony A. Monton.

While I have every minute of what transpired during court sessions (and plenty outside of that), I choose to share the judge’s decision, the request for bail from each of the brothers’ attorneys, and his denial of same. As well, there is a correction that Judge Lambrix makes in his language. He mischaracterized the nature of the proceedings and he took pains to set the record straight. Lambrix usually works as a family court judge in Oceana County. (Oceana and Newaygo counties share their district and circuit court judges. Newaygo County’s district court judge, The Honorable Kevin H. Drake, had to recuse himself; he was Newaygo County’s prosecuting attorney at the time of the murder of Shannon Marie Siders and through the subsequent several years of the investigation.) Lambrix was very careful in his judging, allowing a reasonable latitude for  defense attorneys in their lines of questioning that might have fallen outside strict boundaries; if there were any doubt he wanted the benefit to go to the accused. Nor was he hesitant to take time to look up black-letter and case law for application to matters before him.

Bind over for trial from David Schock on Vimeo.

Tomorrow morning the Jones brothers–Matt (Skip) and Paul–are scheduled to appear in 78th District Court in White Cloud, Newaygo County, to hear some of the state’s case against them.

For those who don’t know one court from another, in major cases people are arraigned in district court shortly after they are arrested. That’s where they hear the charges against them for the first time. Then subsequently there is a preliminary hearing. Usually it’s not long after the arrest and arraignment…14 days unless there are other factors. (That’s the keep the state on track so justice can move along.) The Jones brothers were arrested in late June and this is certainly beyond 14 days, but the case file is so voluminous that the defense attorneys needed time, time, time, and asked for an extension.

No one objected because it is in the defendants’ best interests; it’s a more level playing field.

So, the preliminary hearing is scheduled for the next three days. We’ll see how many of them it takes. At the conclusion the judge (I believe it is to be The Honorable Bradley G. Lambrix from neighboring Oceana County) will determine if there is enough evidence for the case to be bound over to circuit court…the court where major cases are tried (either jury or bench trials). If that’s so there will be another wait while both sides prepare for the legal battle. Or, at any time in the process those charged can plead either guilty or nolo contendere–no contest. (Nolo means that a person will accept the punishment as if guilty but will not admit to the charge.) I expect this case will go to trial with a jury.

It might be difficult to find a jury pool that is unaffected by pretrial publicity–including that afforded by the film. You should have independent jurors who are unswayed by anything they may know about the case and will make decisions based solely on the evidence that is presented in court, always with the mandate that the accused are to be held blameless unless and until guilt is proven beyond a reasonable doubt.

It’s a complicated system of justice. It’s not fast. It depends on good police work, good defense work, able prosecution, and witnesses who will answer truthfully under oath.