Home > Crime > Martin MacNeill Murder Trial – Day 3

Martin MacNeill Murder Trial – Day 3

10/22/2013

Judge Pullan calls all the attorneys to the bench.

State calls Joshua Motsinger.  He was the second police officer at the scene.

He entered the house and went to the master bathroom.  He saw Michele laying on the floor and MacNeill was doing chest compressions and yelling at Michele, ‘why did you do this’.

He said MacNeill’s sleeves were wet.  Michele was wearing a white top and was wet.

The EMT’s arrived and because the bathroom wasn’t large enough they moved Michele to the bedroom floor.

They continued CPR.  They turned her and she expelled some water.  It got all over him and on the floor.

The EMT’s took over the CPR.

He says MacNeill was yelling about Michele having the surgery and told him Michele was taking a lot of drugs.

Cross…

You said Mr. Daniels met you in front of the house?  Yes.

Are you sure it wasn’t Mrs. Daniels?  No it was a male.

You testified you saw MacNeill strike Michele on the chest?  Yes.

Did you interpret that as his attempt to start her heart?  I didn’t interpret it.

You testified the MacNeill told you Michele was slumped over the side of the tub?  Yes.

You didn’t notice any lividity?  No.

Any rigor?  No.

Redirect…

Did you look for any lividity or rigor?  No

State calls Marc Sanderson. Fire Chief and paramedic.

He arrived on the scene and met MacNeill who was acting very excited and loud.

MacNeill was loud and giving the paramedics orders.  He was disruptive so the Chief had MacNeill leave the area.

Sanderson says Michele was very pale and wet and her incisions were bleeding and obviously lifeless.

MacNeill told him that Michele had overdosed on her meds and slipped and fell and hit her head on the tub.

How were the CPR efforts going?  They weren’t working at all.

Were there any comments about the LDS church?  Yes, he said based on his affiliation and how much money he gave to the Church this is how God was paying him back.

They all left for the hospital.  Again, MacNeill was loud and disruptive so staff called security.

Cross…

You and several others were interviewed by investigators together?  Yes.

Mr. Whitney told you it wasn’t a problem because this wasn’t a shooting?  Yes.

Don’t you think that’s strange?  At the time, we weren’t looking at this as a homicide.

In your observation of MacNeill, he was very emotional?  Yes.

You didn’t know MacNeill before?  No.

So you don’t have a baseline of his mannerisms?  No I do not.

There’s a whole back-and-forth as whether or not Michele was given glucose.

Redirect…

How far were you from Michele?  2 to 4 feet.

Did you see any lividity?  No she was on her back?

Jury questions…

Was a blood glucose restocked?  Yes.

You said you don’t normally respond to situations like this, why did you respond?  There was a transition going on in the firehouse and

I went to see if I could assist.

State calls Steven Brande.  Paramedic.

He arrived on the scene and MacNeill was on the doorstep yelling at him.  What taking so long?

He was very agitated.

He saw the two police officers doing CPR and he asked to move Michele to the bedroom floor.

MacNeill was yelling about Michele medications and her having the surgery.

He went to the emergency room and MacNeill was again yelling and agitated.

He said Michele was wet and cold, but her clothes were dry.

They gave Michele epinephrine, atropene

Cross…

You were in the interview and indicated you were able to drive directly to the scene?  Yes.

You said Michele had on a white top?  I don’t  recall.

You said McNeil was frantic?  Yes.

You didn’t see any lividity?  No.

At the hospital, once Michele was pronounced dead, MacNeill started crying.

Jury question…

What was marked on the exhibit?  Judge says he will have it published for them.

Recess called.

State calls Dan Beckstrom.  Another police officer.

He arrived on the scene and because Michele was being treated he stayed at the front door and says MacNeill was hysterical and yelling.  He tried to calm MacNeill down.

Cross…

When you arrived on the scene you stayed with MacNeill?  Yes.

You saw medications at the scene?  Yes.

Jury question…

After Michele was transported did you notice any clothing in the bathroom?  I don’t recall any.

State calls Marc Wright.  Detective.

He arrived at the scene and entered the home.  He says MacNeill had a lab coat on and was very animated and very loud.

He repeats the story of MacNeill, yelling why, why about the plastic surgery.

He photographed the scene and identifies the photos.

Several pictures of blood and water.

Aha!  A bra, a black shirt and an LDS garment top.

The hospital bed and a bunch of med bottles.

Cross…

When you arrived at the home, Michele was still in the bathroom receiving CPR?  Yes.

Was she then moved?  Yes.

Michele’s hair was sopping wet?  Yes.

The arms of MacNeill’s jacket were wet?  Yes.

Jury questions…

You took a photo of some clothing in the bathroom?  Yes.

Was it wet?  Yes.

Did you see LDS bottoms?  No.

Lunch called.

Sounds like they are moving faster than expected and the pros only has one witness on deck who should take about and hour.  They will address housekeeping issues after the jury gets released early.

State calls Steve Mickelson.  Nurse.

He worked with MacNeill.  MacNeill supervised him.

Says life-saving measures are followed in cases like Michele’s and he had done codes with MacNeill before.

He went to the MacNeill home and entered the bedroom and recognized Michele and saw a code was being happening.

He knows CPR and says what was being done appeared appropriate.

MacNeill handed him a phone and told him to call Alexis.  He told her to get up here as fast as she can.

MacNeill was very distraught.

Later he spoke with MacNeill and asked what happened.  MacNeill said he found Michele face down the wrong way in the tub, He pulled her out!

Did you ever see him with a cane?  Yes.

Did he ever mention cancer to you?  I don’t think he mentioned it in terms of his toe.

When MacNeill returned to work he was calm and wearing a different ring than his wedding band.

Cross…

MacNeill’s toe started bothering him in 2005, 2006?  Yes he didn’t immediately start using a cane; he was playing on the softball team.

Cross…

When did MacNeill start using a cane?  About the time the problem came up.

You went on codes with MacNeill?  Correct.

You never lifted a body out of tub?  No.

You saw MacNeill perform CPR before?  Once.

You said you were in the room 2-3 minutes?  Yes.

In the preliminary hearing you said 1-2 minutes.  Yes.

Defense getting nowhere impeaching this witness!

Yawn!

Did you prescribe Valium and hydrocodone in 2002?  Yes, as a professional courtesy for MacNeill.

Jury released for the day due to no more witnesses on board.

Recess called before other housekeeping issues are brought up.

Ada’s ( the 6 year-old daughter who found her mother) testimony on Thursday is kinda up in the air.  Jury will be brought in at 10:30 due to more argument will be heard.

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  1. Jill Boyle
    10/22/2013 at 5:41 pm

    THANK YOU SO MUCH! Some days I cannot watch or have the time to read a full article. this is perfect!

  2. dpforjodi
    10/22/2013 at 9:50 pm

    Good synopsis Donchais did you borrow Malcolm MacDowell;;s eye props, I found some court docs on MacMurders license surrender http://dopl.utah.gov/orders/2009-401_SO_2009-12-23.pdf
    also Gypsy’s http://dopl.utah.gov/orders/2009-234_SO_2009-08-06.pdf
    hope that works

    • MMD
      10/23/2013 at 9:58 am

      Good catch Mrs. DP. So he is now supposed to be an osteopathic physician and surgeon. Where does psychiatrist come in?????? Oh how the mighty and arrogant have fallen!!! No way in hell will he ever get his licenses back, especially now that we know everything was based on someone else’s transcripts, even if by some fluke he is found not guilty in this case.

      • dpforjodi
        10/23/2013 at 10:14 am

        there is a possibility he may reapply Hey there is a shortage of docs in Newfoundland, he may end up here, yikes!!!!!!!

      • MMD
        10/23/2013 at 10:59 am

        and PEI as well although he’d have to get over the border first which would never happen, unless he fakes another identity. 🙄

  3. cathyn518
    10/22/2013 at 10:35 pm

    Not following what is happening with Michelle’s clothing or lack thereof. It sounds like she may have had one top removed by Martin after she was originally discovered in the tub yet before the paramedics arrived? Is it weird that she was pant-less but had a top of some sort on. The only thing I could think of is that he was afraid that her clothing may have had forensic evidence on them but I can’t imagine what kind. If his DNA was present, it would have been expected in their home and he admitted attending to her to some degree.
    I am not sure if I am clear with this question because I am not really clear with what happened with Michelle’s clothing in general. Thank you so much for the summary of today’s courtroom trial, I tried to find the trial on my phone at work today without any success!

    • 10/23/2013 at 12:58 am

      I believe he realized after his daughter dragged him into the bathroom that it didn’t look good that she still had her clothes on so he attempted to strip them off and that was as far as he got when the neighbour arrived so Michelle was only half clothed then??? It is definitely a tough situation to explain???

    • MMD
      10/23/2013 at 9:23 am

      I think that he also may have redressed her because some of the people said that her clothing was completely dry. He’s a nasty piece of work!

  4. MMD
    10/23/2013 at 9:34 am

    Thank you once again Donchais for covering this trial. This is why we love ya xoxo. I simply could not listen for one more minute, especially when Miss Piggy got up to cross. The next thing I knew it was almost 9 pm.

    My big concern with this trial is that if it is boring us as much as it is, what it is doing to the jury? Are they actually paying attention, awake, daydreaming, planning dinner????? Even though, as Marilyn says, they are getting the evidence in, but is the jury taking it in? Truly, they’re only human and have weeks more to listen to this.

    I noticed as well that even the gallery had half as many people compared to last week.

    We can only hope that there is a method to their madness and that the pros has a tried and successful strategy for getting justice for Michele and her family.

    • dpforjodi
      10/23/2013 at 10:11 am

      cattle prods or get the tazemeister over there every so often

  5. MMD
    10/23/2013 at 10:05 am

    Is court staring at 8:30 Utah time again today? Anybody know.

    • dpforjodi
      10/23/2013 at 10:54 am

      yes

  6. dpforjodi
    10/23/2013 at 10:10 am

    hi MMD I thought it was starting later at about 10:15 maybe not. Hey I posted those docs all by myself, no child involved. I so proud. See what you learn at the University of Donchais

    • MMD
      10/23/2013 at 10:28 am

      Excellent Mrs. DP. I’m so proud of you!!! 😀 See, it is always a learning experience at the University of Donchais!!!!

      Where has Captain Bubble been? I know he has been on a road trip but it’s a mighty long one.

      Bubble – come out wherever you are please 🙂

    • Marilyn N
      10/23/2013 at 11:02 am

      Good Morning !
      Tomorrow (Thursday) court is starting with jurors at 10:15-10:30 or so. Prior to that they are
      having a hearing with Ada without jurors so hopefully we can listen to that.

      • dpforjodi
        10/23/2013 at 11:09 am

        hello, top of the mornin to you

      • dpforjodi
        10/23/2013 at 11:10 am

        oh good Im camping in my bed

      • MMD
        10/23/2013 at 11:16 am

        Morning Marilyn!!! I’m in bed as well. I hope we get to listen to Ada.

      • Anonymous
        10/23/2013 at 5:30 pm

        830 time with Ada will be live streamed but her face will not be shown. Unless changed between now and the morning.

  7. dpforjodi
    10/23/2013 at 10:34 am

    yes bubble Where are you? And beans where are you. I heart you, man

    • 10/23/2013 at 11:11 am

      Back atcha.

      • dpforjodi
        10/23/2013 at 11:25 am

        Beans you are here, YAYYYYY

  8. dpforjodi
    10/23/2013 at 10:38 am

    I think its on

    • 10/23/2013 at 11:33 am

      Good to hear no children were harmed in the production of your link post.

      • dpforjodi
        10/23/2013 at 1:38 pm

        lol

  9. MMD
    10/23/2013 at 11:37 am

    Guess we’re back to memory challenges by smiling Bob. 🙄

    • dpforjodi
      10/23/2013 at 1:40 pm

      youwould think his mother wouldtellhim to wipe that daft grin off his face

  10. MMD
    10/23/2013 at 11:38 am

    Have I mentioned before how much I hate, hate, hate these defense attorneys????? Just want to slap that grin off his face.

    • 10/23/2013 at 11:41 am

      They must be hoping for a cumulative effect ’cause they don’t seem to make any headway individually.

      • Marilyn N
        10/23/2013 at 11:48 am

        The cumulative effect is that is all a blurrrrrrr.

      • MMD
        10/23/2013 at 11:49 am

        She shouldn’t have had the surgery, then at home tripped, had too many meds, the paramedics screwed up, the er dr messed up, plus there was even a bribe attempt to keep doing resuscitation attempts of the er dr. After all he had paid the church so much money, now God was punishing him. 🙄

        That what you mean darlin’?

      • 10/23/2013 at 11:51 am

        I’m hovering somewhere between somnolent and comatose.

      • 10/23/2013 at 12:40 pm

        Due to defense induced brain drift I wasn’t very clear – I meant that the defense must be hoping all these minor discrepancies would have a cumulative effect on the jurors because individually the witnesses are holding their own.

      • dpforjodi
        10/23/2013 at 1:41 pm

        yes

  11. 10/23/2013 at 12:42 pm

    How did the defendant get back to being referred to as a ‘doctor’?

    • dpforjodi
      10/23/2013 at 1:44 pm

      Dr MacMurder, donncha know

  12. dpforjodi
    10/23/2013 at 1:47 pm

    thenondoc reminds me of the geico gekko’s second more dramatic take I have a flat tire

    • MMD
      10/23/2013 at 2:00 pm

      I love the gecko. I think he’s adorable, especially when he has to put more emphasis on the end of horror and ends ups sounding like a pirate.

      • dpforjodi
        10/24/2013 at 10:12 am

        lol

      • dpforjodi
        10/24/2013 at 11:22 am

        i love the gecko too

  13. mitza4u
    10/23/2013 at 2:22 pm

    I’m also very confused about the clothing. Makes no sense. It should be interesting to see if they go anywhere with it.

  14. MMD
    10/23/2013 at 3:16 pm

    Who is this? I had the trial muted and paused.

  15. MMD
    10/23/2013 at 3:39 pm

    Why did the paramedics not take the meds with them. I thought that was standard procedure?

    • Marilyn N
      10/23/2013 at 8:26 pm

      They were probably off their game because of the crazy person yelling and pacing around the room!! Maybe that was part of Martin’s plan??

  16. cathyn518
    10/23/2013 at 4:01 pm

    MMN,
    Thats a great question about the meds. When my Aunt had a stroke, EMS took all her meds to the ER with her. I would think that is standard

  17. dpforjodi
    10/24/2013 at 10:14 am

    good morning Donchais and all you peeps. Beans are you here? Beef Narley soup today for you.

  18. dpforjodi
    10/24/2013 at 10:15 am

    Is it on yet?

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