Posts Tagged ‘Michele MacNeill’

MacNeill Murder Trial Verdict!

11/09/2013 74 comments


A yelp of joy escapes the family and the jury is released with thanks.

I will sleep very well tonite after doing a bit of a happy dance at 3:15 am EST!

Martin MacNeill Murder Trial – Day 14

11/08/2013 37 comments

Yikes!  What a strange trial.  So much of MacNeill’s character, or lack thereof, was withheld from the jury as the state was hobbled from presenting it.  The jury would have had a field day!  And, what was up with the defense witnesses?  They added nothing to the defense,  A complete joke.

Dypsy did no good other than proving she’s a liar.  Hopefully the jury realizes all the inmates had basically the same story.

Today will be long with the discussion of jury instructions.  Guess it’s all going to hinge on closings.

We begin about the directed verdict based on the arguments yesterday.

Court denies the directed verdict.

Neither side takes issue with the final jury instructions.

Jury receiving copies of the jury instructions.  The big thing here, that is the toughest, but most interesting is the instruction on reasonable doubt.

Alexis in court, as is Rachel.

Reasonable doubt…. up to prosecution to prove.  Proof that leaves you firmly convinced of the defendants guilt.  If you find a reasonable doubt, you must find the defendant not guilty.

The judge isn’t just breezing through this, he’s reading with feeling.

A bunch of testimony certainly goes to depraved indifference!

Both sides stipulate this was not a suicide.

Grunander on closing.

Claims MacNeil murdered Michele.  It was not a heart condition.  It was a planned out murder.  He had the knowledge and means.

Pros has placed a beautiful photo of Michele on an easel.

The case is dripping with motive.

Dypsy took the stand and said their relationship was casual trying to protect MacNeill by minimizing the relationship!

MacNeill’s motive and knowledge and know-how are doing him in!

While we have all complained how dull this trial has been, I have to give kudos to Grunander for this closing.  He is beautifully laying out the timeline and weaving all the testimony together to present the full story!  He is highlighting all of MacNeill’s lies.

Between 9”30 and 11 on the 11th, nobody knows where MacNeill was.

Grunander thanks the jury for their time and attention, wraps up a beautiful closing argument and ties a neat little bow around it!

Uggggg, Spencer on closing.  ‘I’m a rambling man’ is going to be playing in my head!

Spencer has brought in huge flip charts.

He thanks the jury for their service.

Accuses the pros of cherry picking to make his case.

Oh lord, he is telling the same Aesop fable Gustin opened with.

MacNeil was living an alternative lifestyle and that justifies moving Dypsy in!!!!!

Holy guacamole!

MacNeill was in the wrong place at the wrong time!

This is insulting.  He’s treating the jurors as idiots..

MacNeill didn’t interfere with Dr. Fricke’s autopsy.

Ummmm, except he lied to her!!!

Oh, I get it now.  Spencer attended a different trial than us!

Nancy Grace did it with the candlestick in the library!

Spencer is playing medical examiner and failing because he’s losing the jury.

Says all 3 ME said myocarditis. Perper said no myocarditis!

Spencer is blowing smoke big time.

I just want to bitch-slap the grin off Spencer’s face.

Says Alexis’ testimony was ever changing.

Ben Casey and Dr. Kildare were far better medical shows.

Donchais going for the nail gun!!!  Also looking for whatever rusty nails I have on have on-hand.

Spencer is only proving the village idiot is missing!

Court observers report the jury is into an intense game of hangman!

As usual, Spencer is all over the place and not presenting a cohesive timeline.

Guess Spencer believes if he slings enough BS, something may stick!

Where is Quincy ME?

Boy, this def closing is one of the worst I’ve seen.  A rousing razz berry for the defense!

State to finish.

Perkins says what you’ve heard in arguments is not evidence.

Follow the instructions, not speculations.

He’s beating the crap out of Spencer’s speculation.

It’s not up to the ME to decide the cause of death, it’s up to you!

You are the fact finders from the entire body of evidence.

Arrhythmia doesn’t leave a footprint.  Can only be proven if the patient is hooked to a heart monitor while dying.

Why weren’t there signs of struggle?  She was drugged!

Good on Perkins blowing the defense out of the water!

Spencer, can you say, ‘oh crap?’

Way good closing by pros!

There is no way all these witnesses could have colluded to create these stories against MacNeill!

Pros needs to shut down…jury tired.

Know when to stop!


Wow, just saw the strings hanging out of the back of Spencer’s, suit jacket!!!!

Jury given the case and sent to lunch; alternates named.

Jury watch on!

Martin MacNeill Murder Trial – Day 13

11/07/2013 40 comments

Folks have been asking how MacNeill ended up with Gustin and Spencer for attorneys.  Just my opinion, but consider the media flurry in this case and couple that with Gustin and Spencer are working pro-bono and I see Gustin and Spencer attempting to further their careers via publicity.  Much like an attorney from Florida did!

Also, just my opinion, but Jason Poirier did a better job with cross than Spencer did!

Continued cross of Inmate 1 is painful and just going over the same stuff.

Says he got no deal from anyone for testimony.  He came forward because murder just isn’t right.

As usual, Spencer going line by line, out of context.

Make Spencer shut up and it down already.

State recalls Gypsy ‘Dypsy’ Willis.

She claims the affair was over when she got arrested and they had no contact.  She even told the judge that.

No it comes out the writing back and forth.  The affair wasn’t over!

They go through a number of letters that clearly indicate they were still together and using endearing terms with each other.

Gypsy, Gypsy, Gypsy!  She’s been snagged big time in a lie!

MacNeill went so far as to draw up a common law statement to shut people up!

They were making future plans.

In all of their letters, they were professing their love for each other,

Gypsy, can you say PERJURY????

She sure has been impeached and now they are trying to figure out 5th amendment issues as she lied to a peace officer.

Morning break.

So, if she takes the 5th, the jury will see how much she lied and see right through her!

Pros got the name, Carol Smith out.  She was apparently the go-between passing MacNeill and ‘Dypsy’s’ letters.  There was supposed to be no contact!

She really placed herself between the dog and the fire hydrant!!!

Bet she’s thinking she can get away with all this, the sociopath! This is by far, the best of this trial!

Judge asks if she will answer questions truthfully.  She will not take the 5th!

Trying to pull her butt out of the fire!

‘Dypsy’ back up.

You told investigator you could not see yourselves together and you were terrified of MacNeill in 2010?  Yes.

Gustin on cross….

Do you intend to continue your relation with MacNeill?  No, we haven’t spoken in years.

Jury questions…

When did you obtain the marriage license?  In the summer of 2007.

State is resting at this point.

Defense calls Jim VanZandt.  Co-worker of MacNeill. Nurse practitioner.

They all wore lab coats most days.

Says he saw MacNeill on the 11th and he was going to pick up his daughter from school.

His phone rang later and MacNeill was distressed and said he was performing a code on his wife.


MacNeill called you and said he was performing a code on his wife.

Who the heck calls a co-worker while performing a code????

Describes how CPR is done.  None of which applied to Michele’s position.

You don’t have a specific time that the defendant went to get his daughter?  I recall I thought it was an appropriate time.

Jury questions…

Was it common for you and MacNeill to discuss family issues?  Yes.

Defense calls Linda Strong.  Ada’s teacher.

She saw MacNeill picked up Ada around 11:30.

Defense calls Tammi Black.  Parole officer for Jason.

She met with him maybe 8 times.  Times she went to his home he wasn’t there.

She did meet him in a store for a minute or two, once.

Her contact with him was minimal.

That’s it?  Boy this is a bust!

Defense motions for a directed verdict of acquittal.

Basically saying the pros has presented nothing!

Spencer is braying and blowing foo-foo dust all over the place!

State says BS, BS, and BS!

All of this is about how to instruct the jury!

Omg, Spencer can’t help having verbal diarrhea!

Court now called for attorneys and lunch.

Judge Pullan denies directed verdict!  Good on you, Judge!

Defense told to call next witness.

Brett Besser.  Oh, the ergonomics specialist!  Will testify why MacNeill couldn’t lift Michele from the tub, lol!

Question is if he got permission from the gov to testify.

He saw pics of the bathroom and put a surrogate in the tub to re-enact lifting.

Can you say pseudo science? Michele wasn’t unconscious, she was dead!

Don’t look at the man behind the curtain!  We also ate tacos and drank margaritas.

That damn potato toe and MS are doing MacNeill in!

So, did OSHA approve his testimony???

Pros making mincemeat here.

Pead’s doing a good job here.

This guy is so bogus…bought no records and doesn’t remember 90% of stuff, What BS!

This guy is no more an expert than I am!!!

Pead has shown his true grit today!  Impressed!  He’s on fire!!!


Is water on the floor in your calculations?  I may have indicated it would make it more difficult to lift.

He is released.

No rebuttal!!!

Tomorrow will be instructions. And we’re off till 8:30 in the morning!

Worst defense I’ve ever seen!!!!

Martin MacNeill Murder Trial – Day 12

11/06/2013 67 comments

I was glad to see I wasn’t the only one confused yesterday afternoon!!!  Skipping over the 4th inmate really threw a wrench into the works.  To me, it was a lost day for the prosecution because they didn’t accomplish what they thought they would.

Can’t wait to see ‘Dypsy’ again!  (best line of the day IMO!!!)

Jason Poirier gets limited use immunity from the state for his testimony!

State calls Jason Poirier.  He’s got his gangsta garb on.  He and MacNeill were housed in a state facility.

He knew MacNeill was a doctor.  He would read MacNeill’s stories and poetry.

He was in jail for violation of probation and theft charges.

They spoke about MacNeill’s shoes because MacNeill was a trustee he had privileges and said he gets a lot of things.  “I’m getting away with the murder of his wife.”

They spoke again about Michele a few days later.  MacNeill said, I’m glad the bitch is dead.  MacNeill said the relationship was going downhill and Michele said she wasn’t going to let him continue cheating with his girlfriend.

He asked MacNeill if he was serious about his wife and he said yes; look where I’m at.

He then asked to be moved to another unit.


You gave an interview in this case?  Yes.

You were truthful?  Yes.

Truthful isn’t your strong suit?  Yes.

You lifted a laptop and lied about it to police?  Yes.

He wrote a letter to the judge saying how hard it was to be in jail and not watch his little girl grow up and asked the judge for mercy.

After your release you continued to sell fake Rolex watches?  No.

A person caught you in July 2012 and to dissuade him from reporting it you told him your aunt was with the police department?  Yes.

You gave her name as Tammy Black who was actually your parole officer?  Yes.

Boy, this guy is a real winner!  Spencer is bringing everything from his past up.  Beating a dead horse.

After you were arrested you met my client?  Yes.

You thought MacNeill was joking about his wife?  Yes, he was always joking.

MacNeill told you he was glad the bitch was dead?  Correct.

You were facing serious charges?  Yes.

While incarcerated you had a number of calls with your wife?  Correct.

You discussed other criminal activities?  Yes.

About drugs and how is wife could obtain them?  Yes.

Your landlord so you could defraud him?  Yes.

Spencer into full on bore mode. He’s into skipping around and taking things out of context.

So far this guy is coming across as credible.  More so than Spencer, lol.

Spencer’s garments are in wad!

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


Did you think you would get leniency on all your cases?  Yes.

Pros rehabs witness very well!

Says he had to come forward because he was afraid MacNeill would be free to do these things again.

Danger Will Robinson!  Spencer back up and snake alert is high!

All in all, Jason was a good witness.

Jury questions…

What is GPS?  GPS is still part of being monitored.

Judge calls lunch.

We are back.

State calls inmate # 1.

He’s 38 and currently imprisoned since 2007.  Still has 9-10 years to serve for drugs and firearms.

He knows MacNeill from Texarkana computer class till 2010.

MacNeill was on TV and he recognized him on Nancy Grace.

MacNeill told him the Grace show was done because his girlfriend was about to get out.

That meant to him that his girlfriend was also incarcerated.

MacNeill said they can’t prove anything so he didn’t know why they kept running it.

MacNeill told him he gave Michele Oxy and some sleeping pills and got her to get in the bathtub.  He had told him he had to help Michele because he held her down.

MacNeill said authorities couldn’t prove anything.

This was a good on Nancy moment!

Did doc write his girlfriend?  Yes.

He later found out MacNeill had been arrested for the death of Michele.

After speaking with family he decided to come forward with what he knew.


I just used a nail gun on my own head!                                                         

Goofy is back to reading lines from certain pages and skipping around again.

MacNeill said he was in prison for writing scripts.

Can anyone say nitpicking?  Raise your right hand!

I just can’t transcribe any of Goofy’s bs!

Says MacNeill just kept dosing Michele to get her relaxed enough to hold her down in the bath.

Says he came forward with what he knew because he thought MacNeill would do the same to his girlfriend.

Mr. Spencer?  Does the home know you’re gone?  Because you are!

Jury out of interest, judge calls for a stretch and bottled water for jurors.

Know what’s really scary?  Spencer is supposed to be the best of defense attorneys in the state!

OMG!  Spencer just doesn’t get and has a ton more!  Just kill me now!

Jury is now hanging from the rafters and the gallery is running out ripping their clothing off.

In regards to Spencer, Mormon or not, stupid is as stupid does!

Ben Winslow @BenWinslow

Gypsy Willis’ attorney took his briefcase and left. No testimony from her today.

I surgically want to remove Spencer’s face.

Praise the Lord and pass the ammunition, Judge Pullan says enough!

We begin again at 8:30 MT.

Seems no closing tomorrow!

Martin MacNeill Murder Trial – Day 11

11/05/2013 66 comments

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.


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.


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.


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.


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?


Did you meeting investigator Robinson?  I met with someone.

MacNeill never said he killed his wife?  No.


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!

Martin MacNeill Murder Trial – Day 10

11/01/2013 117 comments

Well, yesterday was pretty much a bust.  We had to suffer through more of Spencer’s nitpicking over Alexis’ statements.  All in all, Spencer scored no points.  Then we had the testimony of Dr. Grey, ME.Again, that yielded pretty much nothing.  Pretty much a lost day.

Well, I just got a call from Donchais and her power is out!  ME’s are not my favorite to report on, I will do my best to keep you up on what happened until she gets her power back.  ritanita

Court convened at 10:36.  Dr. David Cragun was called to the stand.  He is an interventional cardiologist. He’s been practicing for 6 years.  He is an expert in clinical cardiology and is an active practitioner treating and managing patients.

He reviewed the medical reports from the case as well as the autopsy findings.

Jared Perkins asked how he went about his evaluation.  He said that he went through all the reports because he didn’t have a patient to examine.  Dr. Cragun went on to give examples of his background in doing such consultations.

First, Perkins asked about the risks of the drugs used on Michele if she had myocarditis.  He said that the dosage and combination of medications would cause a wide range of effects.  As an answer, we went into a lot of medical discussion I will not report here.

He said she had a mild case of myocarditis.  Most cases don’t rise to the level of medical detection.  The degree of findings by Dr. Fricke did not suggest she should have had a fatal event.

According to Dr. Thompson, none of the family had noted any symptoms of myocarditis.  Cragun said that her “course would be benign” and a fatal event would be rare.

In checking the blood work, it was very normal.  The BNP was in the low normal range.  It would have been higher in a serious case.

Due to lack of oxygen, the liver was more damaged than the heart.

In sum, he said that the myocarditis was not likely to have caused her death.

Then, they moved on to the EKG’s.  They two looked normal with no changes to indicate any disease.

Cragun also said her QTC’s were a bit long, but can change frequently.

Hypertension is a “silent killer” according to the doctor.

Now, we got back to the original question.  Cragun reeled off the list of drugs we’ve heard so often.

Spencer objects, overruled.

Promethezine (sp?) can prolong the time it takes the heart to charge.  The other drugs would not do that.

Cragun said he can’t say if the drugs affected her traumatically because it’s not his field of expertise.

Spencer on cross now.

He asked if he would be comfortable administering Promethezine to a patient in Michele’s explanation and the doctor replied “no.”

Spences was done!

No jury questions.

Next, the State called Dr. Perper.

Woo-hoo!  Donchais is back live for the highly esteemed Dr. Perper.  His CV is awesome compared to the Utah ME.

State calls Dr. Joshua Perper, ME. Now retired.

We are hearing his CV and it’s quite impressive.

He was sent Michele’s autopsy info and was asked to review.

He looked at the autopsy slides to see if there was disease.  He looked at the heart, lung, kidney, and liver.  The same as Fricke and Grey.

He also looked at the blood and toxicology.

His opinion is that the cause of death is Michele died from drowning and the drugs she had on board contributed.

Dr. Fricke said heart disease.  Grey said myocarditis.

Perper identifies photos of the slides of the tissues and they are published for the jury.

He identifies some focal myocardial scaring, but acute inflammatory nuclei.  He found no evidence of myocarditis!

You indicate the cause of death was drowning?  Yes.

Just because you’re found in water doesn’t mean drowning.

Michele was in the water long enough to ingest large amounts of water.

During resuscitation Michele expelled about 1/2 gal of water.


After objections on testimony about Michele’s 3 blood samples by the defense because it was not given to the defense in a timely manner. Judge Pullan rules Dr. Perper may testify as it was addressed in the prelim hearing.

You lose Spencer!

He looked at labs from 2003, March 2007, and the day of death.  The April 11, 2007 report showed a significant dilution of the blood composition.  So the amount of drugs would be diluted also.

The lungs were found to be overloaded by weight…fluid in the airways.

Boy, the Utah MEs really screwed up!

He could not say the manner of death, but he said it was undetermined, but suspicious.


Cross of Perper…

Spencer shows Perper the lab report of Michele.

The pros asked you to exam the reports?   Yes.

You appear on the Nancy Grace show?  Yes.

At that time in 2010, you did have the case file?  Correct.

But, you said your believed there were discrepancies.  Yes.

You told her the Utah Me was wrong?  I don’t see it.

OMG!  Spencer gave him an incomplete report!

Danger Will Robinson, Goofy alert!

Spencer getting nasty with the good doctor.

How much have you been paid?  Somewhere between 10 and 14 thousand.

The drugs were not the cause of death?  Correct.

Spencer is stretching here, but doesn’t have the medical background/knowledge to do so.

Spencer is reaching and spinning big time.

Quite the little medical/scientific expert Spencer considers himself!

The jury has to be bleeding from eyes, ears, and noses by now! As am I!!!

Goofy was so disrespectful.


Perper says body temp after death is affected by a number of variables.  Drug use, if in water, the temp of the water…etc.

Did paramedics deny seeing lividity on Michele?  I don’t know.  It was noticed in the ER.

A dead person doesn’t vomit unless chest compressions are being performed.

The early ones weren’t being performed correctly!

Reasonably and with certainty, I believe Michele drowned.

Jury questions…

Would the use of CNS depressant raise or lower body temp?  It would depend.

Tuesday is election day so we’ll start at 10 am to give folks time to vote.

Thanks again ritanita for stepping in!

Martin MacNeill Murder Trial – Day 9

10/31/2013 58 comments

Not for nothing, this defense is a joke.  The have offered nothing other nitpicking numerous statements made by witnesses.  Think about it.  The statements have been given over a 5 year period and each witness has given multiple statements.  Now, if each statement contained the exact same words or terminology I would question the witnesses honesty.  There is no way in all those interviews anybody would say something the exact same way.  Yet, when Spencer finds the slightest difference and takes things out of context (and they’ve all been slight and explainable) he pounces on like he’s found a smoking gun.  So, it’s defense by boredom that I’m sure isn’t lost on the jury!  Brava to Alexis for grace and dignity and being unshakable!

Discussing the two federal inmates that no longer want their names known.  They also want to be transferred to another prison in fear for their lives, however the state has no control over that.  So, all 4 inmates want the same thing.  No TV and no names.

Judge rules they will not be televised nor will their names be known.

Continuing (albeit painful) cross of Alexis Somers.

We discussed your mother’s bathing habits?  Yes.

In an email you said she would enter the tub and start the water.

You said she would take her clothes off in the bathroom before the bath.  Then you wrote another email you said she would undress in the closet.

Your description of her habits changed over time?  The closet is in the bathroom.

Ok, this is the same crap we got tortured with yesterday!  Make it stop, this proves nothing!

Again, taking things out of context and skipping all over the place, back and forth.

And, the torture continues.  Not for nothing, Spencer has gone beyond the 30-40 minutes he said he needed yesterday.

Alexis had a physician friend obtain her mom’s labs.  Spencer is hammering that it was a HIPPA violation.

Alexis listed Rachel as a reference on her med school app saying she was a nanny for her.  Rachel has no children.  Alexis did this in reference to her caring for the younger sisters.

Way to go Ace, you got little to nothing! Redirect…

Your mom’s surgery was 8 days prior to her death?  Yes.

Was she still in recovery?  She was.

Did you misrepresent information on your medical school app?  I gave Rachel as a reference, but I was taking care of my sisters.

Why did your get your mom’s labs?  Because I believe my father murdered my mom.

Pretty much, Gurander is cleaning up the mess Spencer made.  Spencer opened so many doors and Gurander is waltzing through them.  Alexis is being given the opportunity to go over the omissions Spencer created.

Great redirect!

Alexis has to be spent!

Jury questions…

Do you know Michele’s pre-marriage name was?  Somers.

Who appointed you as executor?  I believe my father drew my mom’s will up.

When you left on the 10th, did you believe your parents were leaving on a cruise that Sunday?  No.

Was your father present when your mother said she didn’t want her giving more medications?  No.

State calls Dr. Todd Grey.  ME

Going over his CV.

Are you familiar with the case of Michele MacNeill?  Yes.

This is the guy who changed to undetermined, but wouldn’t go any further as to manner.

OH!  Dr. Fricke’s report doesn’t include toxicology report!  Yikes.

Fricke said Michele died of heart disease.

Can there be differences in opinions of the existence of myocarditis? Certainly.

Can manner of death be debatable?  Yes.

He reviewed the case based on new information brought out in the case and amended the cause of death and added the drug toxicology report to his findings.

Grey says the presence of drugs were responsible for CNS depressant.

Is drowning a possibility of cause of death?  It could be.

Lunch called.

Dr. Todd Grey resumes the stand.  Direct continues.

Did you change your conclusion?  Yes to undetermined.

Dang, Goofy is up.

With or without the inclusion of drugs?  Yes.

You worked often with Dr, Fricke?  Yes.

You saw nothing to believe she was mistaken?  No.

You were asked to consider drowning as a cause of death?  I didn’t see enough to say so.

You certified the cause of death as Michele having an arrhythmia? No.  You are asking about a mechanism of death, not cause of death.

We’re back into the medical and scientific stuff I can’t keep up with.

Goofy’s questioning is so crazy I can’t or don’t have the desire to transcribe it, plus the Halloween kids are already in the street screaming at 3:30 and making me insane.sorry folks.

Goofy again taking things out of context!

Jury questions…

If Michele had been given Arnica would it show it?  I don’t know what Arnicar is.

How many samples of Michele’s were taken?   We usually take 3.

Drowning was a possibility what was the possibility in Michele?  The weight of the of the lungs?

Court in recess.

Martin MacNeill Murder Trial – Day 8

10/30/2013 154 comments

I was truly saddened by the police interview with 7 year-old Ada MacNeill.  Anytime she was asked a question about her father, Ada would reply, “I don’t want to talk about it.”  On top of that, she said she felt ‘safe’ living with Alexis.  That just speaks volumes!  There must have been some kind of terror going on in that house.

Housekeeping.  Now all inmates are saying they are afraid to be identified for their safety.  Pros want all inmates to be known only by a number.

State calls Vanessa MacNeill.  She is Ada’s real mother, but due to drug addiction her parents took her.  MacNeill once made a statement he wanted to kill her for the shame she brought on the family.

She’s nervous as hell and is on the verge of tears.

Says she and her dad got along when she was growing up.

She was not living at home in 2007.

She was convicted for possession of heroin in 2011.

She found out about her mom’s death by a phone call from Damien.

She arrived at her parent’s house.  All the kids where there except Rachel.

Her father gave her mom’s cell phone to use.  There were several voice mails from her father.  He was telling Michele to stay in bed and not be moving around or go anywhere.

After your mom died did you volunteer to take care of the kids?  Yes.

What did your father say?  Everybody needed to get on with their lives and he was going to hire a nanny.

Did you interview potential applicants?  Yes, but only one showed up.  It was Gypsy.

She called Alexis and said not to worry.  She asked if her name was Gypsy.  I said no it was Jillian.


Alexis was present during the interview with investigators?  I don’t remember.

State calls Sabrina MacNeill.  She was from the Ukraine

She was adopted by the MacNeill‘s when she was 11.

She said growing up in that house was just wonderful.

She was at school and a friend picked up she and Ada.  Eventually she went home when she found out her mom died.

A couple of weeks later her father introduced her to Gypsy as their new nanny.  Gypsy did nothing as a nanny as she recalls.

She spoke with her mom the morning she died just before she left for school.


Your dad was the one who told you your mother died?  Yes.

He was upset?  He had a towel over his face.

He was crying?  I don’t know.

Gustin is doing her hardest to impeach her on the interview he did 5 years ago and she was just a kid.  Sabrina doesn’t remember a lot of this.

Jury questions…

Do you remember how you got to school on April 11?  I think it was my dad who dropped me off.

Recess for 10 minutes.

Long sidebar about this next witness.

State calls Anna Walthall.  Another mistress.

She started an affair with MacNeill in 2005.  It ended in October 2005.

MacNeill told her the process of how to make someone have a heat attack.  There is something you can give someone that isn’t detectable.

When you moved, did you and MacNeill talk about him moving with you?  Yes, but he made no commitment.


You had dreams about this case?  Yes.

You told investigators there was evidence on a computer in your dream?  Yes.

She has multiple personality disorder!

You told investigators you wanted MacNeill to be found guilty of Michele’s death?  Probably.

State calls Alexis Somers.

She is a doctor in a health clinic doing family practice.

Growing up she had a close relationship with her father.

April 11 she recalls being in school and called home and her father said her mother was in the tub and not breathing.

She immediately flew home.

The beginning of April she flew home on spring break because her mother was going to have a facelift.

Says MacNeill was using a PDR at the house making a list of drugs he wanted Dr. Thompson to prescribe.

After Michele’s surgery, Michele wanted to stay over night and not make the hour drive home.  MacNeill got angry.

When Michele came home Alexis was being her caregiver.

She cared for her mom the day of April 4, but that night MacNeill said he would take over the care and insisted Alexis leave.  The next morning she saw her mom and found her overly medicated.

MacNeill said he probably overmedicated Michele.

Alexis was documenting all the meds, blood pressure, what she eating, etc.

When Michele was finally lucid, Alexis asked her what happened.  Michele said MacNeill just kept giving her medication.  She didn’t want MacNeill to give her any more medication and asked Alexis to take out all the pills so she could feel what the felt like so she would know what they were.

Michele progressed very well and was out and about.

The black book Alexis was documenting the drugs in disappeared on April 11!

Alexis says Michele never needed Phenergen, Ambien, or Valium.

Holy cow!

Alexis spoke to her mom early in the morning of the 11th and Michele was happy and upbeat.

When she got home the night of the 11th she went to her parents bedroom to get the medication and saw the room had been cleared out.  The hospital bed was gone, the meds were gone, the black book was gone as well as stuffed animals that had been in the room.

She asked her dad where the meds were and he said maybe the police took them.

She first met Gypsy at the family home and MacNeill said she was the nanny.

She knew About Gypsy a few days before her mom died.  Her parents were arguing about her.  Michele accused him of having an affair.

In the home, Alexis never saw Gypsy perform any duties that a nanny would perform.  She told her father she knew he was having an affair with Gypsy.  Her father got irate.

Lunch called.


You have been very involved with the investigators?  Correct.

You also went to many media outlets?  Correct.

You shared emails with your memories of facts?  Yes.

You sat in on an interview with Rachel?  Yes.

You sat in on an interview with Vanessa also?  Yes.

An interview with Linda Cluff?  Correct.

Defense is cherry picking from shortened versions of reports.

You spoke for sometime about the over medication?  Yes on the 4th.

You said it took a whole day for your other to become lucid?  Yes.

You also told 20/20 the same thing?  Yes.

Def pushing hard to say Alexis has been inconsistent in her statements.

Spencer is going through numerous interviews line-by-line and is all over the freakin place.  He’s getting nowhere fast by spinning wheels.

I’m not getting it because it sounds like all of this is lining up with her story.

Alexis has been cool and collected as a witness.  Don’t know how she is keeping her cool because I’m pulling my hair out!

Spencer keeps taking things out of context and trying to put words in Alexis’ mouth.

OMG, Spencer has driven me close to sticking a pen in my eye!

Jury question…Alexis, do you hate Mr. Spencer?

Spencer has so blown this.  The jury is yawning, rubbing their eyes, not taking notes, and looking all over the place.  Way to go Spence!

Waiting for Judge Pullan to jump the bench and throttle Spencer.

Lord, Spencer now says he has another 30 to 40 minutes.  Court is called to continue tomorrow.