Delayed Justice

Accursed murderer Arelias Marshall is set to stand trial for the 1990 murder of Christopher Joel Battaglia.You can read about the murder trial date here in Barton Deiter’s account. The trial date, set yesterday for June 1, will be preceded by his trial for perjury in the offense. That date is set for April 20.

There is the possibility that if he’s convicted of the perjury charge–a life offense in Michigan in a case like this–Marshall might plead to the murder–if he indeed is guilty. His demeanor at his preliminary hearing argued against cooperation; he postured, looked heavenward, smirked at his brother and others testifying against him. But the future is unknowable.

And by coincidence, the trial of the Jones brothers (Matthew and Paul) for the murder of Shannon Marie Siders is also set to begin April 20. My intention was to be at all the events; I don’t know what I will do.

27th Circuit Court Chief Judge Anthony A. Monton ruled against the prosecution’s request for admission of other acts allegedly committed by accused murderers Matthew (Skip) and Paul Jones. They are charged in the 1989 murder of Shannon Marie Siders. The prosecution asked the court to allow testimony of others who have suffered at the hands of the Jones brothers. According to Judge Monton’s ruling, that would have come in under provision 404(b) “to introduce into evidence other crimes of acts of misconduct by the Jones brothers which occurred both before and after the murder of Siders.”

The judge offered his legal reasoning, taking up most of a single-spaced page. I’d be happy to share it with you, but he recaps all his logic with this:

Simply put, the proffered acts of misconduct and the charged offense of premeditated murder and not sufficiently similar to support an inference they that are a manifestation of a common plan, scheme or system. The circumstances surrounding these acts are too attenuated to conclude that they fit within the scope of an allowable purpose under MRE 404(b) to admit this evidence.

At best, any relevance between the other acts of misconduct and a proper purpose under MRS 404(b) is marginal, but the potential for unfair prejudice is great. The introduction of this evidence creates significant risk that jury may convict the defendant on an improper basis, i.e., bad character, instead of evidence proving beyond a reasonable doubt that the defendant[s] committed first degree murder.

The prosecution could appeal that decision. I don’t know yet whether it has done so.

The next scheduled hearing will be the final pretrial on April 6, 2015 at 2 p.m. The trial is scheduled to begin April 20.

Malcolm Xavier Jeffries was scheduled for trial on perjury March 9 in 17th Circuit Court. That trial has been adjourned pending a competency determination. Judge Mark Trusock granted the motion made by defense attorney Dennis Carlson to grant Jeffries a forensic examination. Through his attorney Jeffries denies any knowledge of or involvement in the murder of Christopher Joel Battaglia, June 11, 1990. One witness, Acey Marshall–the brother of Aurelias J. Marshall, the man who is accused of murdering Joel–did put him at the scene.

It may take three months or so for that psychological testing.

The trial for Aurelias J. Marshall may be as soon as late April or early May.

The hunt for the killers of Douglas Ryan Pollock, Jr., is particularly maddening. You can read our story here of the crime. Police early on identified his alleged murderers,brothers Eric Santiago and Juan Reyes, had warrants for their arrests, and were on their way to serve them. When the police arrived the brothers had flitted to Mexico; there was no effective way to haul them back. The killing was particularly senseless and brutal.

Tonight Fox 17 will carry a story at 10 p.m. on West Michigan’s Most Wanted of the renewed efforts by the FBI to nab the accused killers. As a part of that effort the reward has been raised from $3,000 to $40,000, $20,000 for each brother.