BEULAH —
Accused murderer Joni Holbrook's statements to a 911 operator shortly after her Michigan State Police husband's gunshot death will be admitted during trial, a judge ruled.
Benzie Circuit Judge James M. Batzer heard and ruled on several crucial prosecution and defense motions Tuesday. Among other things, Batzer said he'd order state police to disclose certain records and permitted Holbrook's defense to have an expert testify about "battered spouse syndrome."
Joni Holbrook, 48, is charged with an open count of murder in the Aug. 10 shooting death of state police Sgt. Melvin P. Holbrook, 53. Authorities believe she shot him with his service weapon as he slept inside the couple's Benzie County home.
Holbrook's trial is scheduled to begin July 7.
Defense attorney Jim Amberg moved to suppress a 911 tape in which Holbrook told a dispatcher she shot her husband. The dispatcher also spoke with Holbrook's son about the incident during the call, and Amberg argued the son's statements amount to hearsay.
Hearsay, statements made outside of court, generally aren't permitted in trials.
Batzer said Holbrook's statements would be admitted and told Amberg he'd decide before trial whether to admit the son's statements. He told Amberg to "be prepared" to play only the section of tape in which Joni Holbrook speaks.
The "heart" of Holbrook's defense is that she was sexually, physically and mentally abused by her husband throughout their marriage, Amberg said. He wants to bring in a witness to testify about battered spouse syndrome and other related conditions in an effort to build a self-defense case.
Batzer said he'd allow it, though the expert isn't allowed to testify on whether he or she believes Holbrook was abused.
Jesse Williams, another Holbrook attorney, said he's repeatedly tried to obtain records from state police about Melvin Holbrook's past. Those records will detail incidents in which he was shot at by a former wife and "stalked" a former state police co-worker, Williams contends.
But state police brass allegedly wouldn't provide documents, so Williams wanted Batzer to order them to do so.
Batzer said Williams is "not entitled to go on a fishing expedition" through Holbrook's personnel file to find things that might suit Joni Holbrook's defense, but agreed to sign an order for specific documents sought by Williams.
Williams also said Holbrook's former wife and co-worker are expected to testify during trial.
Melvin Holbrook was a 23-year state police veteran who served as a desk sergeant at the Traverse City post at the time of his death. He previously served at posts in Manistee, Coldwater and elsewhere.
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