Home > Crime > Martin MacNeill Murder Trial – Day 11

Martin MacNeill Murder Trial – Day 11

11/05/2013

We closed out Friday with Dr. Joshua Perper.  He showed himself to be a gentleman and professional.  He offers no wailing and flailing; cuts trough it all to present just the facts.  We did see Spencer exhibit a bit of a tantrum when he couldn’t get the doctor to say what he wanted or change his opinion. In fact, Spencer was rude, nasty and downright disrespectful!

Today should be interesting as the 4 inmates will be up.

Jury finally comes in at 11:59!

State calls Spencer Cannon.  Utah County Sheriffs Office.

Also ME investigator in Utah County to find cause and manner of death.

He was at the hospital with Dr. van Wagoner.

Cross…

He’s done this work for 7 years.

Did you send an email?  That wouldn’t be normal?

Spencer shows him an email that he acknowledges he sent to investigator Robinson.

You didn’t find anything overtly suspicious?  No.

Redirect…

The doctor said he was performing CPR 2 times when according to her position he couldn’t have, would that raise suspicion?  Yes.

State calls inmate #3.

Inmate convicted for drug felony.  He met MacNeill in TexArkana federal prison.

They became friendly working out.

MacNeill was nicknamed doc.

They ran 4-5 miles a day and MacNeill had no trouble keeping up.

MacNeill had no physical ailments.

MacNeill told him he and his wife were locked up.  Later he learned it was Gypsy.

He asked doc if he murdered his wife and he said no they don’t have any evidence and couldn’t prove anything.

He was mad after the unit time because he didn’t get a halfway hours because of his f’n daughters and “b” of a wife.

Cross…

You received a 24 year sentence?  Yes.

Your 14 years in and have a long way to go? Yes sir.

When you asked MacNeill if he murdered his wife he said no?  Yes.

Mr.MacNeill was upset with the Nancy Grace show saying he wasn’t performing mouth-to-mouth?  No.

He was mad they were saying he wasn’t performing CPR?  Yes.

Redirect…

Did you ever talk to doc about how is wife died?  He said she drown.

Have you received anything for your testimony today?  No sir.

Jury question…

You stated in your testimony information you gave in 2002 panned out?  It did prove out.

Inmate 4 up.  Convicted on drug felonies.

He knows MacNiell from talking in prison.

Saw doc run and was doing sprints and was in good health.

He asked about visitations and he said no, his wife was in prison.  I told him I heard she drown and you killed her. He said she was a bitch. If that was true, do you think I’d be sitting here?

Cross…

Did you meeting investigator Robinson?  I met with someone.

MacNeill never said he killed his wife?  No.

Recess.

So far, I’ve heard nothing that anybody has been promised by the feds or state for their testimony!

State calls Inmate #2.

You are imprisoned for cocaine and weed?  Yes.

You spoke to MacNeiil ?  Yes we were roomies?  Yes.

Did your and he get along?  Yes.

Did he have a limp?  Sometimes

Did he talk about his love interest?  Yes.

Her name?  Gypsy?

Later I found out he had a wife who had died.  I saw on tv his wife had died.

He said they couldn’t prove it was me.

He said his wife had surgery but he said they couldn’t prove it.

State calls Jeff Robinson.  Utah Chief Investigator.

This is pretty much out of order and not sure what we are doing her because we are asking about teat messages here.  Very confusing here,

Not a good way too end in mho.

I have no idea what we’re doing here.

This guy is out of order while next inmate is getting legal advice.  So, this makes it all kinda crazy because it’s out context and think my hair has caught fire!

I’m pretty gobsmocked because this is so bizzaro and out of context and I’m not sure what we’re doing. 

Court called for the day till tomorrow at 8:15  for the lawyers.

Very strange day!

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  1. ritanita
    11/05/2013 at 5:00 pm

    I’ve commented on the last thread about the craziness factor at this point.

    The investigator really creeped me out. Why was he so happy and laughing, smiling all the time? This is a murder trial and your LE in town didn’t do a proper investigation. Nor did the ME’s investigator. In fact, nobody talked to the people at the scene! I guess, in the beginning, Dr., Attorney MacNeill was bowed down to as a pillar of society!

    Sorry, gang, I’m cranky today. Two of three cats were bugging me all day to play with them, feed them, let them go in the garage. Don’t they know I’m in trial? LOL!

    Thanks, Donchais for reporting the “events” today. It was very strange BUT:

    We and the jury learned that MM gave different death stories to different people.

    He could lift weights and run, but couldn’t get his wife out of the tub.

    He referred to Gypsy as his wife and they were both in prison, writing letters to each other.

    I am hoping and praying that Gypsy’s appearance tomorrow on the stand will be for impeachment of her testiphony about the “casual” relationship she described.

    • 11/05/2013 at 5:36 pm

      your crankiness is understood, think we’re all feeling that way. I’ve never understood LE professionals yukking it up in court given the circumstances – someone like Gypsy is another matter, she’s a psycho, everything she does is inappropriate to the situation.

  2. 11/05/2013 at 5:36 pm

    Donchais~ thanks for today. This seemed to me the most bizarre day of all. Do you ever record your comments when you are transcribing these days? Sure you would be more interesting than these questioners! Other than the daughters and Dr. Perper, who I enjoyed immensely, the rest are mundane. Cannot wait to see what the jury has to say, if anything about this trial. But, as with the others, I appreciate you sparing your sanity for us.

  3. Ci Ci's Circle
    11/05/2013 at 5:51 pm

    Good job Donchais trying to keep us on track. We stepped away for a minutes and when we came back we expected to hear the 4th inmate but instead some other guy is up there having fun time with Donkey Face! WTH….they pulled a swicheroo and then we thought we had missed inmate 4 and are searching for anything we could find on his testimony! We were like crazy women looking for a candy fix!! Finally we hear the judge at the end talking about inmate 4 and he’s expected tomorrow. We just kept asking each other, What happened? What did we miss? Who’s this clown that was just up on the stand and what good is he??? After reading your recap we see we weren’t the only ones wondering what was going on! Thank you for clearing it up for us!

  4. Ci Ci's Circle
    11/05/2013 at 5:53 pm

    We do have one question though after this confusing day…..We thought the jury wasn’t supposed to know MM was in prison? All three inmates that testified today said they met him in prision

  5. Winnie
    11/05/2013 at 6:09 pm

    He is guilty! I hope the jury sees it too.

  6. Schaeffer
    11/05/2013 at 7:46 pm

    Can anyone tell me where MM has been living since he was released from federal prison?

  7. cathyn518
    11/05/2013 at 9:05 pm

    Donchais,
    Thanks for the summary. I was hoping I would understand what happened today after reading it but even your explanation cannot explain this chaotic court day. One thing that is clear however, and it is the investigation into Michele’s death was so lacking that MM would have gotten away with murder without Alexis’ due diligence. Hoping and praying the Jury can see this!
    I heard on HLN that an inmate tomorrow is supposed to relay that MM talked about killing Michele-maybe some of these pieces will fall into place tomorrow because this puzzle does not seem to be fitting together very well.

  8. Celeste
    11/05/2013 at 10:00 pm

    So glad to read that another commenter above disliked the smiley investigator. All I could think was that he was somehow starstruck knowing he was being televised. Why would he smile so much?? It was perplexing!

  9. essem58
    11/06/2013 at 4:43 am

    I don’t get what 2 of the inmates said about MM saying in answer to them asking if he killed his wife “if that was true do you think I’d be sitting here” ?? Well yes!!

    Ritanita you feel uncomfortable with Investigator Robinson because there is a strange resemblance to Gus Searcy!! And what’s with Gus and Donkey having their special moments remembering walking up the path together during cross?

    Best part of the day was DIPSY!!!

    Hope prosecution really grill Dipsy this time.

    • ritanita
      11/06/2013 at 9:52 am

      essem, you are so right! Why didn’t I think of dear old Gus?

      I hope “Dipsy” will be roundly impeached on some of her testimony and be scared straight to tell the truth and nothing but under the rules of perjury. She didn’t take her first go-round seriously.

      Is it too much to hope for in this oh-so-polite courtroom?

  10. essem58
    11/06/2013 at 5:33 am

    Even Donkey knows he’s an ass!

  11. 11/06/2013 at 7:32 am

    Good Morning!

    Not feeling good about this trial. Yes, MM is a scumbag – not sure if the jury will be able to put the pieces together. It would be a shame to see MM back out on the streets. Anyone that testified against him better run for hills, especially the girls – very dangerous person. The fact that the real investigating didn’t happen till years later will weigh on the jury’s decision. The second offense may stick. JMO. To do this day, since the CA trial, find to it hard to believe the jury will get it right.

    I agree with you about yesterday being confusing. You’d think the Pros would have their info about the inmates all lined up. This Judge is very patient and thorough with his decisions – he looked irritated.

    At least the Pros got in that MM & Dypsy were in prison – for what, they won’t know till after trial, but it will make them wonder. I hope there’s no tip-toeing around Dypsy today. Get to the point or throw her back in the clink – way too easy on her last time.

    Has anyone heard from MMD lately? I hope she’s OK.

    On a lighter note, watch this. Way a passionate Prosecutor handles the truth. So love and miss Juan!

    http://t.co/ciAyOVoVnu

    • dpforjodi
      11/06/2013 at 9:46 am

      hi Jessi from Mass, no I haven’t heard from MMD. Hope she is ok too.
      Juan is the best and I miss him too.

      • 11/06/2013 at 10:01 am

        dp – Get over in the chat room! Waiting . . . CC gives some good insights as to her being in the courtroom.

  12. donchais
    11/06/2013 at 10:28 am

    OK, folks. I understand if you prefer a chat board to a blog format, however please don’t come here to recruit, that’s kinda rude. You’re welcome here when you want.

  13. ritanita
    11/06/2013 at 10:37 am

    Darn, judge won’t let Prosecution go through the open door. Now arguing impeachment of the former jail inmate and his rights.

  14. ritanita
    11/06/2013 at 11:07 am

    Ben Winslow ‏@BenWinslow 1m
    Prosecutor huddling with Poirier’s attorney. #Utah Co. Attorney willing to grant immunity to get his testimony. @fox13now #MartinMacNeill

    Well, Spencer could then ask what he got in turn for his testimony and he’d have to say it was immunity from prosecution. Pros. then has to get him to say he would have had to confess to the crimes in order to testify. Don’t know how I feel about this. I’m hoping the judge rules for the pros. and they hold this for if the judge rules against them.

    Am I all alone here???

  15. Schaeffer
    11/06/2013 at 11:49 am

    I bet MM’s “poems” all started with “There once was a girl from Nantucket . . . “

    • Ci Ci's Circle
      11/06/2013 at 11:57 am

      Or Roses are Red, Violets are blue…..he’s soooo original!

  16. Ci Ci's Circle
    11/06/2013 at 11:56 am

    Wow…..Poiter just mentioned the Fraud MM was in prison for!

  17. Ci Ci's Circle
    11/06/2013 at 12:00 pm

    Donkey Face…….the jury KNOWS he’s not a model citizen! All you have is to go over his crimes????

  18. ritanita
    11/06/2013 at 12:12 pm

    I’m waiting to hear the re-direct. This guy is no angel, that’s for sure! So far, he’s a career criminal. Will the jury buy his story? I know I’d love to hear a bit from MM’s autobiography! Listed under fiction, for sure.

    • Ci Ci's Circle
      11/06/2013 at 12:24 pm

      You’ll probably find it in the Comic Book section!

  19. donchais
    11/06/2013 at 12:12 pm

    Waiting for Spencer to ask him when was the last time he ate all his peas!

    • cathyn518
      11/06/2013 at 4:32 pm

      LOL donchais!

  20. Ci Ci's Circle
    11/06/2013 at 12:29 pm

    Donkey Face has probably pulled these same tactics trying to get his clients off or sentences lowered as he is now accusing Poiter and his attorney of doing. That’s the pot calling the kettle black!

    • ritanita
      11/06/2013 at 12:30 pm

      Yeppers! You know it!

      BTW, he’s also trying to make him out to be worse than a murderer than a thief. Relatively minor compared to living a life of lies and murdering the wife.

  21. Schaeffer
    11/06/2013 at 12:31 pm

    MM looks drugged. When he blinks, he closes his eyes for a moment, and it looks like he is struggling to open them again. Has he always done this and I didn’t notice it?

    • ritanita
      11/06/2013 at 12:32 pm

      Probably needs a good eyelift!

      • Ci Ci's Circle
        11/06/2013 at 12:36 pm

        Maybe he should “gift” himself a facelift and then take a cruise!

  22. Schaeffer
    11/06/2013 at 12:39 pm

    Spencer reminds me of Vizzini from “The Princess Bride.” Remember when he is stalling about drinking the poisoned wine The Dread Pirate Roberts has poured, he is talking in circles and Roberts says “Truly, you have a dizzying intellect.” Vizinni replies “Wait till I get started!!!”

    I don’t consider myself stupid, but I am getting dizzy going back and forth over all these dates and locations.

    • ritanita
      11/06/2013 at 12:42 pm

      Just his usual mind-numbing, monotonous nit-pickity-pick routine.

  23. Ci Ci's Circle
    11/06/2013 at 12:51 pm

    He’s just trying to make the jury forget this guys testimony and concentrate on his crimes. That’s all Donkey Face has to go on! Not once has he found anyone that can say they’re lying or it was never said! Be glad when the Prosecution comes up again to shut Donkey Face up! Sooooo tired of his circles!!

  24. 11/06/2013 at 12:51 pm

    Donkey A$$ is utterly obnoxious. Does he know how to ask a real question!!!!!

  25. donchais
    11/06/2013 at 1:07 pm

    Shhh…donchais sneaking up to the podium with Bic lighter and setting all records on fire!!!

    • ritanita
      11/06/2013 at 1:07 pm

      Don’t forget your asbestos suit!

  26. Schaeffer
    11/06/2013 at 1:24 pm

    Next time I go to prison, I’m not talking to ANYBODY, and I am not talking on the phone, either.

  27. ritanita
    11/06/2013 at 1:25 pm

    I’ve been reading around and I have to agree with the majority of folks (some of whom are very critical of the “snitches”. They feel he is the most credible of them all.

    • 11/06/2013 at 1:40 pm

      He isn’t offering any excuses for what he did and along with his calm demeanor I think I am hearing tension in donkeys voice.
      You go, Donchais. What would donkey do if he had to go it free thinking??

  28. Ci Ci's Circle
    11/06/2013 at 1:35 pm

    We agree also….although they are inmates with checkered passes what they have testified to about what MM said to them matches amongst all four of them. All of them have stated they have nothing to gain. Even the first 3 SAID that it was not their idea to come forward. The investigators interviewed 25+ inmates to see if MM had said anything to anyone. The inmates who were on the stand were told they would be here. It was not voluntary.

  29. ByeByeJA
    11/06/2013 at 1:39 pm

    OMG…..this is PAINFUL!!! Is the defense going to recross with everything from the cross?????? Move on………………

  30. ritanita
    11/06/2013 at 1:44 pm

    What just happened:

    Ben Winslow ‏@BenWinslow 1m
    A video report just played in the courtroom, angering the judge. “SHUT THAT OFF!” he said.

    Ben Winslow ‏@BenWinslow 56s
    The prosecution’s paralegal slammed her laptop shut. Judge called a quick bench conference and defense continues.

  31. 11/06/2013 at 1:46 pm

    How did they get all these conversations between Poirier and his wife. What did I miss?

    • donchais
      11/06/2013 at 2:20 pm

      recorded jail calls.

      • 11/06/2013 at 2:41 pm

        Thank you

  32. 11/06/2013 at 2:25 pm

    Donchais – I just read the chat as the trial goes – no intentions of recruiting. Sorry for the inconvenience, never meant to insult you or your professionalism. It’s easier for me to follow live with one window open and write here after. Sorry, again!

    • donchais
      11/06/2013 at 2:31 pm

      np, it just makes others think what the heck is going on? I don’t care where folks go. CFJ is here for those who want it…easy peasy

  33. donchais
    11/06/2013 at 2:44 pm

    weehee…Judge in Phoenix denies Jodi Arias’ request to fire her main defense attorney

    • Schaeffer
      11/06/2013 at 2:49 pm

      And only WOBO was surprised.

      Donchais — I have been sitting on some questions about WOBO and the Never Ending Trial; is it okay to pose these questions here, or should I wait until you re-open WOBO’s blog page? I will accede to your wishes. I have spent so much time in the hospital and in rehab (for PT and OT, not drugs), I couldn’t ask these questions when the comment pages were open. Sorry.

      • donchais
        11/06/2013 at 2:50 pm

        You can go for it! We are following two very active trials.

      • donchais
        11/06/2013 at 3:07 pm

        Says nothing yet other than it was denied…sure more to follow.

    • Ci Ci's Circle
      11/06/2013 at 3:04 pm

      Is there a news article where we can go to read about it?

      • Ci Ci's Circle
        11/06/2013 at 3:06 pm

        Nurm the Wurm’s response…..”Dammit….plan E didn’t work either!….On to plan F!”

  34. ritanita
    11/06/2013 at 3:11 pm

    I can’t believe Spencer thinks he’s going to get a mistrial out of it! Defensorial piffle.

    • Ci Ci's Circle
      11/06/2013 at 3:15 pm

      Seems to be the game of defense attorneys…..if the trial isn’t going your way….ask for a mistrial and blame the prosecution!

  35. Ci Ci's Circle
    11/06/2013 at 3:14 pm

    Hah….motion by MM defense for mistrial is denied!!

  36. ritanita
    11/06/2013 at 3:26 pm

    Can they get him for practicing medicine w/o a license while in prison? Oh, and noticing the same words coming from inmate #1’s mouth as from the other 4.

  37. Schaeffer
    11/06/2013 at 3:37 pm

    Have these 4 inmates been kept separate from each other during transport from Texarkana and since they were placed in the Utah County jail?

    • ritanita
      11/06/2013 at 3:42 pm

      One said he was locked down 23 hrs. a day. They are probably way far from each other in solitary.

  38. Schaeffer
    11/06/2013 at 3:47 pm

    “Judge Stephen issued a brief order saying she explained her reasons for the denial in a closed door session Friday.” End of the info on that situation. Did we remember she tried to fire him in June, and that was denied also?

  39. ritanita
    11/06/2013 at 3:59 pm

    Wowzers! This inmate is laying out the crime just about the way I thought it happened.

    I do think that he gave her the pills through some sort of food, took Ava to school, went to work, and did the deed when he came home and she was groggy. He feigned not being able to get her out of the tub to prove he couldn’t have put her in it!

    Remember, Michele had spoken to Alexis somewhere about 8:30 and she was fine. Probably MM was giving her the star treatment and offered her some juice or something to eat before he left.

  40. NancyB
    11/06/2013 at 4:50 pm

    I wonder if the prosecutors ever explained to these convicted men that if they chose to discuss anything about the possibility of testifying in the trial over the phone that ALL of their statements would come out during cross examination with the defense and that contradictory statements are problematic. What do some of you think?

    • ritanita
      11/06/2013 at 4:55 pm

      It would be a good idea, Nancy. This is such a waste of time. Spencer hasn’t scored a single decent point that would change the jury’s minds about his credibility.

      Listening to Spencer reminds me of listening to Warren Jeffs tapes played at his trial where he delivered his very boring lectures.

      In fact, he physically reminds me of Jeffs.

  41. Ci Ci's Circle
    11/06/2013 at 5:06 pm

    OMG…..Where is Donkey Face going with all of this?!! He’s beyond chasing his tail now!! Reading a script this whole time….he’s a one man clown show!!

  42. Ci Ci's Circle
    11/06/2013 at 5:18 pm

    Donkey Face keeps talking about the deals these inmates were wanting but for some reason he doesn’t bother to ask them, “Did you get a deal?” That should end it right there! Why stand there and read line by line about a deal they never got???? They’re in court regardless!!

    Madelyn ‏@Madelyn113 12m Again, what inmate wouldn’t barter for time off,etc. The fact remains that they were denied and still are in court. #MartinMacNeill

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