Traverse City Record-Eagle

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December 19, 2009

Prosecutors rest case in prelim

BELLAIRE -- Legal arguments are scheduled to wrap up next week on whether a local woman will stand trial in the death of her son.

Prosecutors rested their case Friday in a preliminary hearing for Anne Avery-Miller, who faces an open charge of murder for allegedly shooting her son Sam Avery, 16, in November 2007 at home in Elk Rapids.

Final arguments will begin at 10:30 a.m. Tuesday in 86th District Court in Bellaire in front of Judge Thomas J. Phillips, Antrim County Prosecutor Charlie Koop said.

A grand jury, comprised solely of 13th Circuit Court Judge Philip E. Rodgers, indicted Avery-Miller this fall. A preliminary hearing is used to decide whether enough evidence exists in a case to go to trial.

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