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Sturgis Journal Article

Last activity Jan 12, 2009 10:08 PM

Fatal Centreville Fire

Three Rivers Area • Feb 25, 2010 11:07 AM

750.316 First degree murder; penalty; definitions. Sec. 316. (1) A person who commits any of the following is guilty of first degree murder and shall be punished by imprisonment for life: (a) Murder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. (b) Murder committed in the perpetration of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, kidnapping, vulnerable adult abuse in the first and second degree under section 145n, torture under section 85, or aggravated stalking under section 411i. (c) A murder of a peace officer or a corrections officer committed while the peace officer or corrections officer is lawfully engaged in the performance of any of his or her duties as a peace officer or corrections officer, knowing that the peace officer or corrections officer is a peace officer or corrections officer engaged in the performance of his or her duty as a peace officer or corrections officer. The section of the statute also provides definitions. But as noted above it is not any crime just the enumerated ones. Also in addition to specifically alleging a particular crime, Michigan allows a Prosecutor to charge Open Murder. Had that been done all theories from First Degree Felony Murder through Manslaughter could have been presented to the jurors. Just FYI. Holly Curtis

Fatal Centreville Fire

Three Rivers Area • Feb 24, 2010 9:32 PM

Volunteer, Am I not allowed to have an opinion or speak my mind? There are many things I could have said on so many other issues but instead this one means a lot to me and hence I am speaking up. If you think honesty is tacky then so be it. But that is only your opinion and last time I checked that is what these boards are for. You have your opinion and I have mine. And there is no self promotion going on here. But to each his own. Holly Curtis

Fatal Centreville Fire

Three Rivers Area • Feb 24, 2010 8:31 PM

Yes but are you still a fan of McDonough? I have waited for this trial to run its course before I have made any real public comments. Even though I am no longer a Prosecutor in this county, I am still a citizen and one who watched the house burn that fateful day knowing that a child was still inside. Before he left office, Doug Fisher gave McDonough the opportunity to have some say on the charges issued on the Springer case knowing that it was John who would have to deal with the case. But we heard nothing from John on the subject. There was much discussion as to what the charges should be based upon Michigan law. That is why Doug Fisher issued the Manslaughter and Child Abuse charges which I still believe were the appropriate ones. One of McDonough's first official duties (besides firing me of course) was amending up the charges and issuing a press release where in essence he made it seem like Doug was soft on crime. He never said those words but he was quoted as saying they saw the facts differently. I feel bad for the jurors because I know there are many who will blame them for the acquittal on the Murder charges. But the blame should actually be on McDonough himself for over-charging. I know there are many people who will never see this case other than a murder case. But what they miss is there obviously was intent to tether or restrain her but was there intent to kill? That is the fine line distinction. Their actions were so reckless that it they disregarded the natural consequences of what they did but there is no evidence of intent to kill their daughter. I watched some of the jurors statements online and they said the Child Abuse portion of the verdict was decided in the first two days of the deliberation. They also asked questions during the deliberation that made it clear they wanted the Manslaughter charge. And frankly, they should have had it. Even if he wanted to pursue the Murder charges he could have alleged Manslaughter as a lesser alternative theory. He chose the all or nothing route and he chose wrong. Now, I will give him props for getting the Torture conviction because frankly I have doubts about whether that was proven according to the legal definition in Michigan. But I know the jurors wanted to hold the Springers responsible for what they did do so I can see how they came to their ultimate conclusion. I have great respect for those men and women who took 4 weeks out of their lives to perform their civic duty. And who also will have lasting images in their memory of what most people would never want to see! Holly Curtis

St.Joseph County Magistrate

St. Joseph County • Jan 20, 2009 1:17 PM

Originally posted by InTheThickOfIt Wouldn't you be a better qualified magistrate yourself and are you not seeking employment? I would think you would be upset about such an injustice being the crusader that you are. They decided to go with it being a non-attorney position. I would have been a very viable candidate if they decided to make it an attorney position. I am not upset and it was no slight or injustice to me; they have had difficulty in the past at keeping an attorney magistrate. Such hires tend to move on.

St.Joseph County Magistrate

St. Joseph County • Jan 16, 2009 11:43 PM

The magistrate (Don) took a job up in Juvenile Court. I respect Middleton's position. He didn't want to waste anyone's time in applying for a position when they already had their candidate selected. There is nothing worse in making people go through the motions/or have them get their hopes up when the process isn't really going to change anything.