http://www.mlive.com/news/saginaw/index.ssf/2012/07/prosecutor_jennifer_webb_told.html
SAGINAW, MI — Jennifer Webb met with Kenneth T. Bluew on the night of her death to speak with him about telling his wife about their unborn son and about her intent to put his name on the birth certificate, prosecutors say.
But unless a judge agrees with prosecutors, a jury won't hear the statements Webb made to her family and friends about Bluew, the now-suspended Buena Vista police officer who is charged in her death.
In a written motion, Saginaw County Chief Assistant Prosecutor Jeffrey D. Stroud argues that county Circuit Judge Darnell Jackson should allow a jury to hear testimony from Webb's parents and friends, who will testify, Stroud writes, that Webb, who was 8 months pregnant with a son she intended to name Braxton, said Bluew “knew the baby was his,” that she intended to seek child support from Bluew through the county Friend of the Court, that she was “going to discuss with (Bluew) about telling his wife about the baby,” and that she was meeting with him on North Outer Drive in Buena Vista Township the night she died.
Stroud filed the motion as well as a motion for discovery regarding the expert witnesses that Bluew's attorney intends to call to testify, on Thursday. Friday was the deadline for prosecutors and Bluew's attorney, Rod O'Farrell, to file motions in Bluew's case.
Oral arguments on the motions, including four motions that O'Farrell filed Wednesday, is scheduled for Friday. Bluew, who is charged with first-degree premeditated murder, is scheduled for a Sept. 19 trial before Jackson.
Bluew, Stroud writes, “was alone” on duty late Aug. 30 when Buena Vista police officer Tim Patterson arrived at North Outer and Hack in Buena Vista, where Webb's body “was found hanging from a(n) (extension) cord tied to the roof rack of her own vehicle.” Bluew “claimed to have discovered a suicide note in (Webb's) purse, supporting his assertions that Webb must have committed suicide,” Stroud writes.
Police treated Webb's death as a suicide until Buena Vista Police Sgt. Sean Waterman spoke with Webb's parents, who “responded that there was no way possible” that she committed suicide, Stroud writes.
Saginaw County District Judge Christopher S. Boyd, during Bluew's preliminary hearing, ruled that statements that Webb made to her parents and friends were inadmissible hearsay. In his motion, Stroud argues that the statements are not hearsay because some are not intended to be taken as facts and others are “statements of future intent” that counter a suicide theory.
Whether any of Webb's statements “were true or false is immaterial,” Stroud writes. “Their evidentiary value lay in the fact that the statements were made and the effect they had on the defendant, in essence providing circumstantial evidence of his motive and the premeditated nature of his actions.”
Further, Stroud writes, Webb's “state of mind” — that, according to her parents and friends, she was excited about the birth of Braxton and would not commit suicide — is of “paramount significance.”
“That (Bluew) may have been compelled to acknowledge paternity and pay child support for a child his wife had not been told about, whether (Webb) would have pursued that course or not, is a strong motive for murder and compelling evidence of premeditation,” Stroud writes.
In his motion for discovery, Stroud writes that O'Farrell has listed Stephen Kaufman from Alpena Regional Medical Center as a possible witness and has “verbally informed prosecutors that he has enlisted the services” of Elizabeth Laposata, the former Chief Medical Examiner of Rhode Island, as an expert in forensic pathology. While O'Farrell has not updated his witness list to include Laposata, Stroud writes, he has provided the prosecution with her curriculum vitae.
O'Farrell has not provided the prosecution, Stroud writes, with “either a report by the expert or a written description of the substance of the proposed testimony of the expert, the expert's opinion, and the underlying basis of that opinion.” Stroud asks Jackson to order O'Farrell to do so in order to prevent a situation where the prosecution is “disadvantaged in evaluating and addressing (the report's) content.”
Bluew, who lived in Saginaw Township, also is charged with assaulting a pregnant individual intentionally causing miscarriage or stillbirth of a fetus or embryo and two counts of possessing a firearm during the commission of a felony.
If convicted of first-degree murder, he would face a mandatory sentence of life in prison without the possibility of parole. The assault charge carries a maximum penalty of life in prison.
Bluew remains jailed without bond. He was lodged at the Gratiot County Jail until last month, when he was moved back to the Saginaw County Jail.Motion hearing for Kenneth T. Bluew case
MLive.com
The Saginaw News
July 27, 2012
Oral arguments on pre-trial motions in Ken Bluew case
The Saginaw News
Andy Hoag
July 27, 2012
http://www.mlive.com/news/saginaw/index.ssf/2012/07/tweets_from_the_courtroom_oral.htmlSAGINAW, MI — Oral arguments on pre-trial motions filed in Kenneth T. Bluew's case have begun, and MLive.com is covering the hearing live on Twitter.
Bluew, 37, is charged with first-degree premeditated murder in the Aug. 30 death of Jennifer Webb, who was eight months pregnant with the suspended Buena Vista police officer's son.
July 20 was the deadline for prosecutors and Bluew's attorney, Rod O'Farrell, to file motions in Bluew's case.
O'Farrell on July 18 filed four motions, including one that sought a gag order against prosecutors, law enforcement, and others prior to Bluew's trial. County Chief Assistant Prosecutor Jeffrey Stroud on July 19 filed two motions, including one that is asking Jackson to allow jurors to hear testimony from Webb's friends and parents regarding statements about Bluew that Webb made to them.
Oral arguments were to begin at 9 a.m. before Saginaw County Circuit Judge Darnell Jackson. MLive.com's Andy Hoag is covering the arguments live on Twitter @SNAndyHoag. The tweets also are available below.
Ken Bluew hearing
Friday July 27, 2012
Andy Hoag@SNAndyHoag
9:03 Live here in Circuit Judge Darnell Jackson's courtroom, waiting for oral arguments to begin on pre-trial motions in the Ken Bluew case.
9:04 County Prosecutor Mike Thomas is here, as is Chief Assistant Prosecutor Jeff Stroud. Bluew's attorney, Rod O'Farrell, also is here.
9:05 Bluew is in lockup either here on the fourth floor or nearby. He'll be brought into the courtroom shortly.
9:06 Bluew hasn't been in court since October, when he was bound over for trial after his two-day preliminary hearing.
9:07 Three of Jennifer Webb's family members also are here.
9:08 To recap, the attorneys will be arguing six motions - four from O'Farrell, two from prosecution.
9:09 O'Farrell is asking for a gag order on prosecutors and law enforcement with the claim that such an order will "enhance" jury selection.
9:10 O'Farrell claims, essentially, that the jury pool already has been tainted by prosecutors' "inflammatory" statements to the media.
9:11 Another of O'Farrell's motions is for a change of venue, but only if he believes in September that an impartial jury can't be seated.
9:12 O'Farrell asks Jackson in the motion to wait to rule until trial. The motion was necessary for O'Farrell to outline his argument prior to.
9:16 O'Farrell also is asking Jackson to "govern" the conduct of the prosecutors, claiming they acted inappropriately in the preliminary hearing.
9:17 O'Farrell says prosecutors vouched for witnesses' credibility and sought sympathy for Webb through their questions.
9:18 Finally, O'Farrell filed a motion for discovery, stating he wanted all materials related to the investigation of the time of Webb's death.
9:19 One of the prosecution's motions asks Jackson to allow Webb's parents and friends to testify regarding statements Webb made prior to death.
9:20 Stroud in the motion wrote that Webb told her friends that she had talked to Bluew about going to the Friend of the Court for child support.
9:22 Webb said she talked to him or intended to talk to him about telling his wife and about putting his name on birth certificate, Stroud wrote.
9:23 Those statements would be key for the prosecution to try to disprove the defense's suicide theory.
9:23 Prosecution has to ask for their admittance, though, because they're generally considered hearsay unless a judge rules an exception applies.
9:24 The other prosecution motion is for discovery, relating to the basis of an opinion that a defense expert witness will testify to.
9:25 Prosecution wants a report from the expert, a former chief medical examiner from Rhode Island, to adequately prepare for it.
9:27 That's the recap. Still waiting on Bluew to be in court. Attorneys just met with Jackson in his chambers and are back in the courtroom.
9:30 Both sides filed written responses to the motions. I was unable to look at those yesterday due to other work I had for the primary election.
9:31 Bluew is here now. Shaved head, moustache only.
9:32 O'Farrell first, addressing change of venue motion first. Wants jury questioning be done individually.
9:33 Argument is that it allows jurors to be more honest about what they've read if they are not in a large group.
9:34 O'Farrell: "Substantial amount of misinformation and inaccurate information ... that will raise sympathy and ...
9:35 ... and "equally as important," great deal of "animosity" toward Bluew.
9:36 Mike Thomas now addressing Jackson, asks for trial in Saginaw County but has no objection to individual juror questioning.
9:37 Jackson: "My intention to have a jury seated here in Saginaw County first and foremost."
9:38 Jackson says he finds it appropriate to have attorneys submit written juror questions - won't be an exhaustive list.
9:39 O'Farrell now addressing motion to "enhance seating of jury" - the gag order motion.
9:40 O'Farrell says there's one issue in particular - when Bluew was moved back to Saginaw County Jail.
9:41 Saginaw County sheriff's officials said there were "incidents" at Gratiot County Jail, but Gratiot County sheriff said there were none.
9:42 Saginaw sheriff Federspiel said there were no document incidents. O'Farrell says either way, fictitious.
9:42 O'Farrell not asking for court to bar media coverage, but to only allow people in charge, the prosecutor, to release statements.
9:44 Thomas: Not clear what O'Farrell is asking for, also not aware of "incident" issue. Thomas says Bluew asked for transfer to Gratiot County.
9:44 Thomas says he and his office intend to follow rules of professional conduct.
9:45 Jackson: "I can't think of any good reason whatsoever" why anyone would make comments to the media.
9:46 Jackson: "Seems like common sense to me." Bars further statements prior to trial.
9:47 O'Farrell now on prosecutor conduct. He's not saying prosecutor will do the things I mentioned earlier, but wants "advance notice."
9:47 O'Farrell says there's often conduct during trials, "during the heat of battle," that can lead to "reversible error."
9:49 Thomas: haven't begin trial yet, premature. Again, intend to follow "rules of professional responsibility."
9:49 Thomas: "Our goal is the same as the court, to have a fair and impartial trial."
9:50 Jackson denies motion, but says he understands why he filed it. Basically, he says there's nothing at this point he can do before trial.
9:51 O'Farrell now on motion for discovery, relating to time of death.
9:52 O'Farrell: There's been evidence he has been given that paints a bit of a picture of time of death, but wonders if it is the whole picture.
9:52 O'Farrell wants everything regarding time of death, not just prosecutor's evidence that backs their argument.
9:53 Stroud now arguing, says his office has given O'Farrell "everything we have."
9:54 Stroud says he and O'Farrell have spoken often regarding new developments, questions whether O'Farrell wants them to investigate for him.
9:56 O'Farrell says it's his understanding that he does have everything, and will work independently and then provide anything he gets.
9:57 Motion is denied, Jackson says if anything else comes up, prosecution to provide.
9:59 Now for prosecutor's motions, first the motion to compel O'Farrell to provide reports regarding three potential expert witnesses
9:59 Stroud says O'Farrell has been in contact with one of the experts for more than 6 months, yet hasn't given prosecution "anything."
10:01 Stroud says haven't received CV from an expert witness from Alpena, have received CV of former chief ME from Rhode Island.
10:01 Stroud asking for "timeline" for O'Farrell to get them the materials.
10:02 O'Farrell: "not going to go into any details" regarding expert witnesses - one of which is represented by an attorney.
10:03 O'Farrell: "Don't believe there are any insurmountable obstacles" for him to get prosecution these materials "soon."
10:05 O'Farrell says he will be on vacation from Aug. 3 to Aug. 13, wants til end of that week to get everything in.
10:05 Jackson agrees, orders Aug. 17 as date.
10:06 Last motion - admittance of Webb's statements.
10:06 Stroud says Jackson may need additional time to evaluate legal issues.
10:08 Stroud: Precedent states that allowing such statements sometimes depends on case, sometimes depends on statement.
10:08 Stroud: Precedent states that if statement is being offered for something other than actual truth, it is admissible.
10:10 What that means is that if the prosecutor is not trying to establish Webb's statements as actual facts, then they are admissible.
10:10 The statements show Webb's thoughts and plans, Stroud says.
10:13 Stroud also discussing BV Sgt. Sean Waterman's testimony of treating death as suicide, then speaking with Webb's parents.
10:14 Webb's parents told Waterman that Bluew was father of baby. Waterman realized he may of made mistake in treating it as suicide.
10:15 Stroud: Without those statements, no explanation for Waterman changing course and calling MSP to investigate as homicide.
10:16 Stroud now addressing Webb's statements to friends. Stroud says those statements are relevant because they show her state of mind.
10:17 Stroud: statements regarding putting him on birth certificate, intending to get child support, telling his wife are motives for murder.
10:19 Stroud: Precedent states that these statements are an issue of weight (up to a jury to decide on) rather than admissibility.
10:21 Stroud asking for guidance on Jackson's intentions regarding statements, as far as what they should seek to admit in trial.
10:23 O'Farrell: Waterman's state of mind shouldn't be admitted through any avenue, including as hearsay exception.
10:23 Jackson interrupts, says prosecutor isn't seeking to admit Waterman's state of mind. Stroud agrees.
10:25 O'Farrell says Waterman should only be able testify that he received information (not being specific) and decided to change investigation.
10:25 This form of testimony is typical, at least in Saginaw County, to avoid hearsay problems.
10:26 Stroud: if Waterman testifies like that, won't make sense to jury.
10:28 Stroud: jury will hear that Bluew was father, will hear other evidence regarding death that will make Waterman's testimony less prejudicial.
10:29 O'Farrell says he's been given numerous statements made by Webb through investigation into her phone, computer, etc.
10:30 O'Farrell says if family and friends are allowed to testify, then Jackson should allow Webb's statements, too.
10:31 O'Farrell says the statements are text messages that Webb sent.
10:33 O'Farrell acknowledges Webb's state of mind is an issue, but says that those statements don't necessarily show state of mind.
10:35 O'Farrell: prosecution trying to make statements fit hearsay exceptions.
10:36 Jackson says he will allow Waterman's testimony regarding parents' statements.
10:39 Jackson says he will allow statements regarding Bluew being father of baby, that she was looking forward to it.
10:40 Jackson asks Stroud to further argue why he should allow other statements.
10:40 Stroud says they're relevant because they provide circumstantial evidence for a murder, not a suicide.
10:41 Stroud: doesn't make sense for Webb to commit suicide and kill the baby if she had made these statements intent.
10:42 Stroud: should be up to a jury to weigh the suicide theory against Webb's statements.
10:43 O'Farrell questions when statements were made versus the date of the death.
10:45 Jackson will allow statements of Webb's intents, won't allow two statements regarding Bluew's knowledge.
10:48 Those two statements are that Bluew knew of her intent to name him on birth certificate, knew she would be seeking child support.
10:48 Hearing is over.
10:49 Statements that will be allowed are all about her intent: to put Bluew on certificate, to seek child support, to meet w/ Bluew, and...
10:49 ... to discuss with Bluew about telling his wife about the baby.
11:08 The Saginaw News: Thanks for following along today.
