Holbrook released as she awaits trial
She is charged with open count of murder in death of husband
Traverse City Record-Eagle
BY ART BUKOWSKI
abukowski@record-eagle.com
Published: October 13, 2009 07:27 am
http://www.record-eagle.com/local/local_story_286072507.html
BEULAH -- Accused murderer Joni Holbrook will be released from jail and allowed to live with her parents as she awaits trial in the shooting death of her husband, a Michigan State Police sergeant.
Benzie District Judge Nancy Kida granted Holbrook a $30,000 bond upon completion of her preliminary examination Monday. The family hopes to post bond by the end of the week, defense attorney Jim Amberg said.
Holbrook, 47, is charged with an open count of murder in the Aug. 10 shooting death of her husband, state police Sgt. Melvin P. Holbrook. Police believe she shot him as he slept in the couple's Benzie County residence.
Kida ruled there is enough evidence to send the case to trial after the two-day exam wrapped at about 3 p.m. It began Sept. 28, but was postponed until court scheduling allowed for a full day of testimony.
Defense attorney Jesse L. Williams said Holbrook had a heart blockage detected during an EKG last week and may soon need a stent. The Benzie County Jail isn't equipped to deal with her medical condition, Williams said.
Kida ordered Holbrook to wear an electronic tether equipped with GPS tracking. She's allowed to leave her parents' Grand Traverse County home only for medical appointments or court proceedings, Kida said.
Kida said she granted bond because Holbrook doesn't appear to be a danger to the public and doesn't have a criminal record.
A date for Holbrook's circuit court arraignment hadn't been set Monday.
Much of Monday's testimony came from Benzie County Sheriff's Department Sgt. Troy Lamerson, the lead investigator on the case, and Benzie 911 operator Nicole Smith.
Lamerson told Amberg during cross examination that he doesn't consider it a conflict of interest for state police to help with the sheriff's department investigation of the case, even if some state officers knew Melvin Holbrook personally.
Police reports indicate several state police officers were on scene, including Traverse City post commander Lt. Bill Elliott. Holbrook worked as a desk sergeant at the Traverse City Post.
Lamerson also said he ruled out Joni Holbrook's son as a suspect based largely on an interview another deputy conducted with the son the night of the incident. The son, Chad Dilts, 24, was asleep in the home and awoke to his mother yelling that she shot her husband, police reports indicate.
Investigators didn't take Dilts' fingerprints or test his body or clothes for gunshot residue, Lamerson said.
Related Items:
- Testimony: Holbrook may have been awake
- Probe reveals 1987 shooting
- Attorneys say spate of finger-pointing has passed
- Prosecutor accused of withholding
- New details of Holbrook shooting emerge
- Police remove computer from Holbrook home
- Editorial: Gag request rightly denied
- Judge denies gag order
- Prosecutor seeks gag order
- Affidavit details night of shooting
- Editorial: MSP shouldn't be involved
- Poll: Should MSP investigate Holbrook death?
- Lawyer: Joni Holbrook 'victim and survivor'
- State police join Holbrook investigation
- Sgt. Holbrook remembered at funeral
- Suspect's friends troubled by murder charge
- Questions build in trooper's death
- Wife charged in death of policeman
- Police sergeant killed in Benzie
Joni Holbrook was in Benzie District Court Monday for a preliminary hearing in the Aug. 10 shooting death of her husband, Michigan State Police Sgt. Melvin Paul Holbrook. Jan-Michael Stump / Record-Eagle
Testimony: Holbrook may have been awake
Forensic pathologist takes stand in murder case
Traverse City Record
Published: September 29, 2009 07:20 am
BY ART BUKOWSKI
abukowski@record-eagle.com
http://www.record-eagle.com/local/local_story_272072122.html
BEULAH -- It's possible Michigan State Police Sgt. Melvin Holbrook was awake when shot, a forensic pathologist testified.
Grand Rapids-based forensic pathologist Stephen Cohle was one of two witnesses to testify Monday in Joni Holbrook's preliminary examination. Holbrook is charged with an open count of murder in the Aug. 10 shooting death of her husband, Melvin Holbrook.
A preliminary examination is held to determine if there is enough evidence to send a case to trial. It is scheduled to resume Oct. 12 in front of Benzie District Judge Nancy Kida.
Investigators believe Joni Holbrook shot her husband with his state police-issued pistol in a bedroom of the couple's Benzie County residence. She allegedly told police she shot him as he slept, and examiners removed three bullets during an autopsy.
Cohle, who conducted the autopsy, provided details about the gunshot wounds. One bullet entered the back of Holbrook's head and lodged at the base of his skull, and another went through his jaw and into his shoulder.
Holbrook had what appeared to be entry and exit wounds near his right elbow and another on the right side of his chest, and Cohle believes one bullet struck him near his elbow and continued through his arm into his chest.
Under cross-examination from Holbrook defense attorney Jim Amberg, Cohle said it's possible Holbrook was holding his right arm up in a "defensive posture" when that shot was fired.
But it's also possible Holbrook slept on his side with his arm exposed, Cohle said, and there's no way of knowing if he was asleep. Cohle said at least two of the shots likely were fired within four feet of Holbrook, based on gunpowder residue and soot.
Benzie Sheriff's Department deputy Mark Ketz, who responded to the scene, also testified. Ketz said he found an empty pistol holster inside a car in the home's attached garage during a search of the residence.
Ketz found Holbrook's Sig Sauer .40 caliber handgun on a kitchen counter.
Ketz also interviewed Holbrook's first wife, Starr Mangold. Ketz said she described Melvin Holbrook as a "controlling" and "manipulative" person who had an interest in "strange" sexual behaviors, including bondage.
Joni Holbrook's attorneys previously said she was subject to "physical, mental and sexual abuse" from her husband during their marriage, though she told a 911 dispatcher she wasn't fighting or arguing with her husband at the time of the shooting.
Benzie County Woman Goes To Court Today in Murder Case
9 & 10 NEWS
Posted: 9/28/2009
http://www.9and10news.com/category/story/?id=173412
New details are starting to emerge in the murder case against a woman accused of killing her Police Sergeant husband.
Joni Holbrook was back in court today for the first day of her preliminary examination. The prelim is to decide if there's enough evidence to take the case to trial.
The prosecution says Joni shot and killed her husband, Sgt. Melvin Holbrook, while he was sleeping in their Benzie County home. Sgt. Holbrook was a Desk Sergeant with the Michigan State Police post in Traverse City.
Today, a forensic pathologist testified. He says he isn't certain Holbrook was actually sleeping during the shooting. A deputy also testified during cross examination. He said he found evidence that shows Sgt. Holbrook was controlling, manipulative, and abusive among other things.
The preliminary exam continues on October 12th.
9&10's Ryan Raiche was in the courtroom today, he was a wrap up.
Woman who reportedly shot former Coldwater MSP trooper faces preliminary exam today
By Don Reid
The Daily Reporter
Sun Sep 27, 2009, 09:19 PM EDT
http://www.thedailyreporter.com/news/x576524985/Woman-who-reportedly-shot-former-Coldwater-MSP-trooper-faces-preliminary-exam-today
Traverse City -
Defense attorneys for Joni Holbrook, the wife of former Coldwater Michigan State Police (MSP) Trooper Sgt. Melvin Holbrook, who is charged with his Aug. 10 murder, want further information about circumstances of a 1987 Branch County shooting.
The Traverse City Record-Eagle reported Saturday a retired former fellow trooper told investigators then wife Starr Ann Holbrook shot at him with a MSP-issued gun on July 23, 1987 at their Coldwater area home. She missed.
Last month, current wife Joni, called police to tell then she killed Melvin in their Benzie County home while he slept in just after 1 a.m. Aug. 10.
The complete story appears in the Monday, Sept. 28 edition and is available at coldwaterdailyreporter.mi.newsmemory.com.
New Details On Murder Investigation
There is new information into the shooting death of a Michigan State Police Sergeant.
Up North Live
By Roxanne Werly
Friday, September 25, 2009 at 2:42 p.m.
http://www.upnorthlive.com/news/story.aspx?id=355050
BENZIE CO. -- The incident report obtained by 7 & 4 news reveals Michigan Police Sergeant Melvin Holbrook's ex-wife shot at him twice in 1987.
No one was hurt in the 1987 shooting and according to the report the sergeant did not want to press charges. The couple divorced in 1992 and Holbrook remarried in 1999.
In August Sergeant Holbrook was shot and killed at his Benzie County home.
Joni Holbrook has admitted to shooting and killing her husband, and she is currently being held in the Benzie County Jail on an Open Murder Charge.
Joni Holbrook's attorney Jesse Williams says this is not a coincidence. He says he's concerned why charges weren't filed when the first shooting took place and concerned with the lack of an investigation. Williams says had it been investigated properly his client, Joni Holbrook, would not be in the situation that she is in today.
The prosecuting attorney declined to comment.
Joni Holbrook is due back in court on Monday.
Police seargent's then-wife allegedly shot at him twice
Traverse City Record
Published: September 25, 2009 07:35 am
BY ART BUKOWSKI
abukowski@record-eagle.com
http://www.record-eagle.com/local/local_story_268073549.html
TRAVERSE CITY -- In July 1987, the then-wife of Michigan State Police Sgt. Melvin Holbrook turned his service weapon on him and fired two shots, an incident that preceded by two decades Holbrook's shooting death, allegedly by another wife.
Details of the 1987 shooting in Branch County emerged from police interviews and document searches during a probe of Joni Holbrook, who's accused of shooting Melvin Holbrook to death as he slept early Aug. 10. Melvin Holbrook was assigned to the Traverse City post at the time of his death.
His wife is being held in the Benzie County Jail on an open count of murder. Police believe she shot him with his service weapon in the couple's home in Benzie's Homestead Township.
Holbrook's preliminary examination, held to determine if there is enough evidence to send the case to trial, is scheduled for 1:30 p.m. Monday.
Melvin Holbrook was not injured in the 1987 incident, and his then-wife, Starr Ann Holbrook, was not charged with a crime. Police investigating Holbrook's death contacted several former staffers at the state police post in Coldwater, where Holbrook, 53, served after graduating from police recruit school in 1986.
Retired troopers told of a July 23, 1987, incident in which Starr Ann Holbrook shot at him with a state police-issued gun as he arrived home from work. The couple was separated at the time, reports indicate, and Starr was at his Coldwater residence.
Melvin Holbrook arrived home shortly before 11 p.m., according to a supplement he filed with the original 1987 police report. As he was in the driveway emerging from his car, he saw his wife step outside with his service revolver.
She shot and hit the driveway seconds after he got back in his car and backed up, according to the report.
"The bullet from the handgun would have hit either the vehicle or me if I had not started backing from the driveway," Holbrook wrote.
She fired a second time as he drove away and headed back to the post to report the incident. He didn't request criminal charges, according to the report, and Branch County records don't show any charges.
Starr Holbrook recently acknowledged to a Benzie County Sheriff's investigator that she was involved in the incident, reports obtained by the Record-Eagle show.
Reports do not indicate a clear motive for the shooting, though Melvin Holbrook wrote that he recently had informed Starr he intended to divorce her.
A retired trooper told investigators "it was clear from statements made by (Melvin) Holbrook that his wife had become upset upon finding out" he had been dating another state police trooper.
Peace is pledged in Holbrook murder case
Attorneys say spate of finger-pointing has passed
TRAVERSE CITY RECORD-EAGLE
SEPTEMBER 18, 2009
BY ART BUKOWSKI
abukowski@record-eagle.com
http://www.record-eagle.com/local/local_story_261073729.html
BEULAH -- Attorneys on both sides of the Joni Holbrook murder case pledge peace after a spate of finger-pointing and heated rhetoric.
Benzie Prosecutor John B. Daugherty on Wednesday issued a press release that criticized Holbrook defense attorney Jesse L. Williams. His brief statement said Williams had "his facts wrong" when he publicly accused Daugherty this week of withholding crucial investigatory documents from Holbrook's defense team.
Everything Daugherty's office receives is "promptly provided" to the defense for discovery purposes, the statement said.
But Williams said he discovered Wednesday that a staffer in Daugherty's office who was instructed to copy and provide documents to him wasn't doing it. Daugherty didn't deny the allegation.
"That could have been it," Daugherty said Thursday. "She's on vacation this week, I haven't had a chance to talk with her about it. If there was a shortfall, I apologize ... we're not trying to sandbag them or anything."
Holbrook, 47, is held on an open count of murder in the shooting death of her husband, Michigan State Police Sgt. Melvin P. Holbrook. Police believe she shot him with his service weapon as he slept in the couple's Benzie County residence Aug. 10.
Williams said he doesn't believe the oversight was deliberate, though he was upset by Daugherty's statement to area media.
"If it was inaccurate, I apologize," Daugherty said.
Despite the tit-for-tat this week, both Williams and Daugherty said they expect the case to continue without problems.
"I think Jesse Williams and I get along pretty well, and we have in the past," Daugherty said. "I expect that to continue."
Williams said he believes he now has most of the documents he needs, though he's still concerned about state police involvement in the case. He previously said the agency's investigative role represents a conflict of interest. "I don't know how many state troopers there are on this case and who they're interviewing ... I'm sort of in the dark on what they're doing," Williams said.
Holbrook's preliminary examination, held to determine if there is enough evidence to send the case to trial, is scheduled for Sept. 28.
Holbrook prosecutor accused of withholding
Traverse City Record-Eagle
September 15, 2009 07:10 am
BY BRIAN McGILLIVARY
bmcgillivary@record-eagle.com
September 15, 2009 07:10 am
http://www.record-eagle.com/local/local_story_258071031.html
TRAVERSE CITY -- Attorneys for murder suspect Joni Holbrook accused the Benzie County prosecutor of withholding investigative information that could benefit their client.
Holbrook, 47, is jailed without bond on an open count of murder in the Aug. 10 shooting death of her husband, Michigan State Police Sgt. Melvin Paul Holbrook, of the Traverse City post. Investigators believe she shot him at around 1 a.m. as he slept in the couple's residence on Derby Lane near Benzonia.
Defense attorney Jesse Williams said Holbrook endured years of "physical, mental and sexual abuse" from her husband during their marriage, and on Monday charged that county Prosecutor John Daugherty has withheld facts and evidence substantiating the alleged abuse.
Williams also said Daugherty is "leaking" information to the media to help his case while withholding details that are beneficial to Joni Holbrook.
"This isn't professional and the way it's being handled is making a mockery of the criminal justice system," Williams said.
Daugherty previously sought a gag order to prevent Joni Holbrook's attorneys from speaking to the media about the case, which was denied by a judge in Benzie County. Daugherty then released detailed information about the investigation in response to a Freedom of Information Act request.
Daugherty declined to speak to the Record-Eagle on Monday.
Williams said Daugherty has yet to provide him that same information, despite asking for it more than a month ago.
"I've received more information from the media than I have from the prosecutor," Williams said. "He's not following the rules of justice and it's not fair to my client."
Attorney Dean Robb, of Suttons Bay, who is assisting with Joni Holbrook's defense, said the defense team is also concerned about the state police's continued involvement in the investigation.
Williams said state police have interviewed three people that he knows of regarding the abuse allegations, but he hasn't received the results of those interviews.
Williams anticipates he'll have to file a court motion requiring Daugherty to provide him the complete results of the investigation. But for now his top priority is to get Holbrook freed on bond and prepare for a preliminary hearing set for Sept. 28.
"We have a lot of unanswered questions and this (hearing) will give us an opportunity to get some of these people on the stand ... and get some answers," Williams said.
Week in Review: 09/13/2009
New details of Holbrook shooting emerge
Traverse City Record Eagle
September 12, 2009 08:55 pm
http://www.record-eagle.com/local/local_story_255205540.html
BEULAH -- Accused killer Joni Holbrook's son awoke to his mother "yelling at the top of her lungs" that she shot her husband, police reports state.
Holbrook, 47, is held on an open count of murder in the Aug. 10 shooting death of her husband, Michigan State Police Sgt. Melvin Holbrook, of the Traverse City post. Investigators believe she shot him at about 1 a.m. as he slept in the couple's residence on Derby Lane near Benzonia.
Joni Holbrook's son, Chad C. Dilts, 24, told police he was asleep in an upstairs bedroom when he awoke to his mother calling his name and yelling, "I shot him, I killed him, he's dead," according to police reports obtained under the Michigan Freedom of Information Act.
Dilts headed downstairs and saw his mother in the kitchen. Holbrook's service weapon, a Sig Sauer .40 caliber handgun, sat on a kitchen counter next to the sink. Dilts peered into Melvin Holbrook's downstairs bedroom and saw him face down on the bed.
Joni Holbrook called 911 to report the incident and allegedly told dispatcher Nicole Smith she shot Holbrook. Smith asked to speak with Dilts after Holbrook said he was in the residence.
Smith briefly spoke with Dilts while his mother sat on a couch, according to a transcript of the 911 call. Smith told Dilts to get in his truck, drive down to nearby Zimmerman Road and wait in the vehicle until police officers could arrive on scene.
New details of Holbrook shooting emerge
Traverse City Record-Eagle
By ART BUKOWSKI
abukowski@record-eagle.com
September 11, 2009 07:41 am
http://www.record-eagle.com/local/local_story_254073128.html
BEULAH -- Accused killer Joni Holbrook's son awoke to his mother "yelling at the top of her lungs" that she shot her husband, police reports state.
Holbrook, 47, is held on an open count of murder in the Aug. 10 shooting death of her husband, Michigan State Police Sgt. Melvin Holbrook, of the Traverse City post. Investigators believe she shot him at about 1 a.m. as he slept in the couple's residence on Derby Lane near Benzonia.
Joni Holbrook's son, Chad C. Dilts, 24, told police he was asleep in an upstairs bedroom when he awoke to his mother calling his name and yelling, "I shot him, I killed him, he's dead," according to police reports obtained under the Michigan Freedom of Information Act.
Dilts headed downstairs and saw his mother in the kitchen. Holbrook's service weapon, a Sig Sauer .40 caliber handgun, sat on a kitchen counter next to the sink.
Dilts peered into Melvin Holbrook's downstairs bedroom and saw him face down on the bed.
Joni Holbrook called 911 to report the incident and allegedly told dispatcher Nicole Smith she shot Holbrook. Smith asked to speak with Dilts after Holbrook said he was in the residence.
Smith briefly spoke with Dilts while his mother sat on a couch, according to a transcript of the 911 call. Smith told Dilts to get in his truck, drive down to nearby Zimmerman Road and wait in the vehicle until police officers could arrive on scene.
Dilts left and was met by a Benzie County sheriff's deputy near the home. Smith, back on the phone with Holbrook, told Holbrook to exit the house and have her hands in the air when officers arrived.
Smith, who has worked as a Benzie dispatcher for a combined eight years, received a letter of commendation for the "appropriate and efficient," manner in which she handled the call, Benzie Undersheriff Bill Sholten said.
Investigators interviewed Holbrook at the Benzie County Sheriff's Department. A sergeant asked her if she needed any marks or injuries documented, and she allegedly replied "he is too smart to leave any marks."
Holbrook's attorney, Jesse L. Williams, previously said Holbrook was subject to "physical, mental and sexual abuse" from her husband during their marriage. She told Smith she wasn't fighting or arguing with her husband at the time of the shooting.
Dilts could not be reached for comment.
Special writer Eric VanDussen contributed to this report.
Police remove computer from Holbrook home
Traverse City Record-Eagle
BY ART BUKOWSKI
abukowski@record-eagle.com
September 11, 2009 07:40 am
http://www.record-eagle.com/local/local_story_254073133.html
BEULAH -- Investigators removed a computer from Joni Holbrook's home to search for "forethought of doing harm" to her husband, according to search warrant documents.
Police also removed three .40 caliber cartridge cases from the bedroom where they found Michigan State Police Sgt. Melvin Holbrook, 53, dead from gunshot wounds. Investigators believe Joni Holbrook shot her husband with his service weapon, a Sig Sauer .40 caliber handgun, as he slept.
The pistol had nine remaining bullets in its magazine and one in the chamber, reports indicate. It was recovered from the kitchen counter of the home on Derby Lane near Benzonia.
Investigators found Melvin Holbrook face down on his bed with both arms folded under his chest.
Bullets were removed from his shoulder, chest and the base of his skull during an autopsy at a Grand Rapids hospital.
Holbrook, a 23-year state police veteran, worked as a desk sergeant at the Traverse City post. He previously served at posts in Richmond, Ionia, Manistee and Coldwater.
Joni Holbrook, who married Melvin in 1998, remains in custody without bond on an open count of murder. A preliminary examination, held to determine if there is enough evidence to send the case to trial, is scheduled for Sept. 28.
Melvin Holbrook filed for divorce in 2008, though the couple agreed to reconcile and the proceedings were dismissed, records show. A "close family friend" told police Melvin agreed to take Joni back provided she get a job and "get straightened out with her doctors/medications," according to police reports.
Joni Holbrook worked for 86th District Court as a clerk from 1991 until 1999. She suffers from debilitating migraines and had trouble working since leaving the court, her friends said.
The computer is set to be examined by Grand Traverse sheriff's Det. Todd Heller, the region's computer forensic examination specialist.
Judge denies gag order in Holbrook case
Traverse City Record
Published: August 28, 2009 07:10 am
BY ART BUKOWSKI
abukowski@record-eagle.com
http://www.record-eagle.com/local/local_story_240071206.html
BEULAH -- Attorneys for murder suspect Joni K. Holbrook can continue to speak publicly about the case, a judge ruled.
Benzie District Judge Nancy Kida on Thursday denied Prosecutor John B. Daugherty's motion to stop Holbrook's attorneys from speaking to the media about the case, rejecting Daugherty's allegations that they were "endangering the fair trial right of the People."
Holbrook, 47, is held on an open count of murder in the Aug. 10 shooting death of her husband, Michigan State Police Sgt. Melvin P. Holbrook. Police believe she shot Holbrook, 53, with his service revolver as he slept inside the couple's Benzie County home.
Holbrook's defense team -- Jesse Williams, of Traverse City, Jim Amberg, of Oakland County, and Dean Robb, of Suttons Bay -- fought the motion in a short hearing before Kida ruled.
Defense attorney Jim Amberg, left, argues against a gag order sought by prosecutors in the case of Joni Holbrook, accused of her husbands death. To the right of Holbrook are defense attorneys Jesse Williams and Dean Robb. Eric VanDussen/Special to the Record-Eagle.
Amberg argued a gag order would hamper Joni Holbrook's "fundamental right" of free speech.
"She has a right to free speech, and not only does she have a right to free speech, but Mr. Williams does, as well as myself," he told Kida.
Williams called Joni Holbrook a victim of physical, mental and sexual abuse at an Aug. 18 press conference in Traverse City, though he wouldn't provide details when pressed by reporters.
"The statements that were made by Mr. Williams were not specific, factual statements, they were general statements," Amberg said, adding that police and Daugherty have repeatedly spoken with reporters about the case.
"To accuse Mr. Williams' statements of (being improper) when the people have put out all sorts of statements right after this happened without doing any type of investigation, I find that akin to the pot calling the kettle black," Amberg said.
Daugherty was "disappointed" by Kida's ruling.
"I don't necessarily agree with it, but we'll carry forth," he said.
Joni Holbrook called 911 at around 1 a.m. Aug. 10 and said she shot her husband, authorities said. Police responded to the couple's Benzie County residence soon after and found Melvin Holbrook dead in a bedroom from apparent gunshot wounds.
Melvin Holbrook, a 23-year veteran of the state police, served as desk sergeant at the Traverse City post since 2002.
Joni Holbrook continues to be held at the Benzie County Jail without bond. Williams asked that a bond be set because Holbrook is suffering from strokes and needs medical attention, but Kida turned down the request.
A preliminary examination, held to determine if there is enough evidence to send the case to trial, is scheduled for Sept. 28.
Related Items:
- Prosecutor seeks gag order
- Affidavit details night of shooting
- Editorial: MSP shouldn't be involved
- Poll: Should MSP investigate Holbrook death?
- Lawyer: Joni Holbrook 'victim and survivor'
- State police join Holbrook investigation
- Sgt. Holbrook remembered at funeral
- Suspect's friends troubled by murder charge
- Questions build in trooper's death
- Wife charged in death of policeman
- Police sergeant killed in Benzie
No Gag Order In Benzie Murder Case
08/27/2009
Interlochen Public Radio
http://ipr.interlochen.org/print/3960
A judge in Benzie County has refused to gag the defense in a high profile murder case. The prosecutor says publicity of the case will make it hard for Joni Holbrook to get a fair trial. She's accused of murdering her husband, Melvin Holbrook, a state police officer.
The prosecutor, John Daugherty, wanted Holbrook's attorney to be restricted in his comments to the press. Jesse Williams is arguing Holbrook was abused by her husband. He held a press conference earlier this month.
The judge told the prosecutor to file an attorney grievance if he thinks Williams acted improperly.
Prosecutor seeks gag order in Holbrook case
Joni Holbrook is accused in husband's death
Traverse City Record Eagle
Published: August 26, 2009 07:15 am
BY ART BUKOWSKI
abukowski@record-eagle.com
http://www.record-eagle.com/local/local_story_238071625.html
BEULAH -- The Benzie County prosecutor wants a judge to prevent murder suspect Joni Holbrook's attorney from making public comments about the case.
District Judge Nancy Kida on Thursday is expected to hear Prosecutor John B. Daugherty's motion to prevent parties in the case from making public statements outside of court. The motion is scheduled for 10:45 a.m.
Holbrook, 47, is held on an open count of murder in the Aug. 10 shooting death of her husband, Michigan State Police Sgt. Melvin P. Holbrook. Police believe she shot Melvin Holbrook, 53, with his service revolver as he slept inside the couple's Benzie County home.
Daugherty's motion contends the case continues to attract "intense interest" from the media. Statements made by Holbrook's attorney, Jesse L. Williams, are "endangering the fair trial right of the People by his statements to print and television media."
"The People are concerned that the extensive ... public comment will disrupt the processes by which a fair trial may be preserved," the motion reads.
Williams held a press conference Aug. 18. He called Joni Holbrook the victim of abuse, but didn't provide details or discuss her defense.
Williams plans to fight the motion at Thursday's hearing. Police and Daugherty also spoke with reporters about the case, he said.
"I find it peculiar that they would make statements about the case before they even did any type of investigation ... they got their little jabs in and now they don't want anybody else to know what's going on," he said.
The motion wouldn't prevent Williams from speaking with reporters, Daugherty said, but it would restrict him from providing further facts about the case. Daugherty contends the motion is crucial to Holbrook's right to a fair trial.
"If there's so much publicity on the matter, it makes it more difficult to select a jury that is impartial and hasn't been tainted by various statements along the way," he told a Record-Eagle reporter.
Holbrook's preliminary examination, held to determine if there is enough evidence to send a case to trial, is set for Sept. 28.
Related Items:
- Affidavit details night of shooting
- Editorial: MSP shouldn't be involved
- Poll: Should MSP investigate Holbrook death?
- Lawyer: Joni Holbrook 'victim and survivor'
- State police join Holbrook investigation
- Sgt. Holbrook remembered at funeral
- Suspect's friends troubled by murder charge
- Questions build in trooper's death
- Wife charged in death of policeman
- Police sergeant killed in Benzie
On August 10, 2009 Joni Holbrook shot her husband…
…Sergeant Melvin Holbrook [Traverse City MSP]…
…with his department-issued .40-caliber Sig Sauer handgun as he slept.
In her call to 911, Joni stated, “I just killed him”. In that same 911 call, Joni referred to Sergeant Holbrook as “a controlling bastard”.
And now, Joni Holbrook claims that she is both a victim and a survivor of domestic violence???
How can Joni Holbrook be the victim and survivor of domestic violence, when Melvin Paul Holbrook is dead because of Joni’s ultimate act of domestic violence?
Affidavit details night of shooting
Published: August 21, 2009 10:40 pm
BY ART BUKOWSKI
abukowski@record-eagle.com
http://www.record-eagle.com/local/local_story_233224015.html
BEULAH -- A Benzie County woman accused of fatally shooting her husband -- a Michigan State Police sergeant -- referred to him as a "controlling bastard" in a call to a 911 dispatcher, but said the two weren't fighting or arguing when the shots were fired.
"I just killed him," suspect Joni Holbrook allegedly told Benzie County 911 dispatcher Nicole Smith shortly after 1 a.m. on Aug. 10, according to an affidavit filed with the district court by Benzie sheriff's deputy Mark Ketz.
Holbrook allegedly shot state police Sgt. Melvin P. Holbrook, 53, with his department-issued .40-caliber Sig Sauer handgun as he slept in the couple's 10877 Derby Lane residence near Beulah.
Melvin Holbrook was assigned to the state police Traverse City post, where he worked as a desk sergeant.
Benzie deputies allegedly arrived at the shooting scene to find Joni Holbrook standing on the front porch with her hands in the air. Holbrook's service weapon was recovered from a kitchen counter, Ketz's affidavit said.
Joni Holbrook told deputies at the scene she shot her husband as he slept, according to the affidavit. Ketz went into the master bedroom and found Melvin Holbrook dead with an apparent gunshot wound to the head.
Joni Holbrook is charged with an open count of murder and is being held in the Benzie County Jail. Her attorney and neighbors contend she had been the victim of domestic abuse, but Joni Holbrook bore no obvious signs of physical trauma upon her arraignment.
Benzie Prosecutor John B. Daugherty didn't return a call for comment. Holbrook's attorney, Jesse L. Williams, doesn't believe the 911 recording "even insinuates premeditation," he said.
"We are not surprised or concerned about the statements made in the 911 recording," he said.
A preliminary examination is pending to determine whether enough evidence exists to bind over the case to circuit court for trial.
11:07 am: Wife allegedly used police weapon
TRAVERSE CITY RECORD-EAGLE
Published: August 21, 2009 11:12 am
BY ART BUKOWSKI
abukowski@record-eagle.com
http://www.record-eagle.com/breakingnews/local_story_233110609.html
BEULAH — A Benzie County woman accused of fatally shooting her husband — a Michigan State Police sergeant — referred to him as a "controlling bastard" in a call to a 911 dispatcher, but said the two weren't fighting or arguing when the shots were fired.
"I just killed him," suspect Joni Holbrook allegedly told Benzie County 911 dispatcher Nicole Smith shortly after 1 a.m. on Aug. 10, according to an affidavit filed with the district court by Benzie sheriff's deputy Mark Ketz.
Holbrook allegedly shot state police Sgt. Melvin P. Holbrook, 53, with his department-issued .40-caliber Sig Sauer handgun as he slept in the couple's 10877 Derby Lane residence near Beulah.
Melvin Holbrook was assigned to the state police Traverse City post.
Benzie deputies allegedly arrived at the shooting scene to find Joni Holbrook standing on the front porch with her hands in the air. Holbrook's service weapon was recovered from a kitchen counter, Ketz's affidavit said.
Joni Holbrook is charged with an open count of murder and is being held in the Benzie County Jail. Her attorney and neighbors contend she had been the victim of domestic abuse, but Joni Holbrook bore no obvious signs of physical trauma upon her arraignment.
A preliminary examination is pending to determine whether enough evidence exists to bind over the case to circuit court for trial.
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