Delayed Justice

27th Circuit Court Chief Judge Anthony A. Monton continued the denial of bail for accused murderers Matthew (Skip) and Paul Jones during this morning’s preliminary hearing. They are charged in the 1989 death of Shannon Marie Siders. The defendants’ attorneys, Rick Prysock (for Skip) and Paul Stablein (for Paul), argued the men posed no flight risk and had deep familial ties in the community.

William Rollstin, First Assistant Attorney General for the State Of Michigan, argued against it, and spent time going over the criminal charges the brothers have faced over the years. Paul’s record was far lengthier and involved more serious crimes, but Matt had his run-ins with the law for marijuana and domestic abuse. Rollstin argued that they posed first a flight risk “and number two, merely safety for the community.” He urged Judge Monton to read the transcript of the preliminary hearing, newly delivered this morning by the 78th District Court Administrator.

Judge Monton said he would read it before he made a final decision for bail for one or both of the brothers.

Also before the court–in an abbreviated fashion–was consideration of a request for a 404B hearing. That falls under the states Rules of Evidence. Rule 404 in general deals with “Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes:”

Other crimes, wrongs, or acts.

1) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, scheme, plan, or system in doing an act, knowledge, identity, or absence or mistake or accident when the same is material, whether such other crimes, wrongs, or acts are contemporaneous with, or prior or subsequent to the conduct at issue in the case.

2) The prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial and the rationale, whether or not mentioned in subparagraph (b)(1), for admitting the evidence. If necessary to a determination of the admissibility of the evidence under this rule, the defendant shall be required to state the theory or theories of defense, limited only by the defendant’s privilege against self-incrimination. (Michigan Rules of Evidence)

Judge Monton will review that, too, and the accompanying briefs, but at the suggestion of Rollstin and Stablein, he will hear oral arguments from both sides.

Those arguments and the judge’s further determination of bail is planned for Dec. 15 at 2:30 p.m.

Phyllis Ann Flynn was last seen on her 23rd birthday at the Hotel Yorba on Detroit’s southwest side. According to NamUs she was staying there with her boyfriend. She is originally from Lincoln Park, MI. A police report has been filed and there is a Crime Stoppers reward offered. She grew up in Lincoln Park, MI.