Mason — Defense Attorney Chris Bergstrom argued against a motion suppressing documents relating to Charles Mercer's arrest Wednesday afternoon.

The hearing was held at the 55th District Court, 700 Buhl Ave., for a motion filed during Mercer's arraignment Monday.

Mercer, a doctor, has been charged with the open murder of his wife, Sally Sue Mercer, that took place 38 years ago.

During the Monday arraignment, Ingham County prosecutors filed a motion for suppression that would not allow the public to see the complaint, arrest warrant and record that allowed for probable cause.

Bergstrom said in court that not only was he unable to be present when his client was arraigned, but he also was not informed about the press conference held the same day.

Bergstrom said his main reason for not responding to any press questions was because of misleading information that had been released during the conference and in a news release.

In his motion on Wednesday, he asked that Ingham County Sheriff Gene Wriggelsworth be held in contempt and any comments from the press conference be retracted. He also asked that the sheriff be ordered to stop speaking about the case.

Mercer's lawyer also asked the court that his defendant be allowed to address and answer each of the allegations that he was charged with. He said the coverage of the case had damaged his client's chances for a fair trial.

"This case got off to a bad start due to the pre-publicity," Bergstrom said. "Bill Mercer deserves a fair and impartial trial and jury."

Before the hearing progressed, Judge Rosemarie Aquilina clarified that the suppression was not for all information on this case.

"There was no gag order entered for this case," Aquilina said in court. "The only thing that was suppressed was the file supporting probable cause."

Assistant Prosecuting Attorney Eric Matwiejczyk said the motion was filed to prevent outside sources from influencing witnesses.

"We feel that if a witness were to see this information from the (probable cause for arrest hearing) that it might alter their testimony," Matwiejczyk said.

Between the arguments, Aquilina said that because of the quick start to the case, both sides were not equally represented in the media.

"The problem with the pre-publicity of this case is not the media's fault," Aquilina said. "The problem was that this case was given such a jump start, and it did not allow both sides to be allowed to speak on their behalf."

Aquilina ruled that Wriggelsworth not be held in contempt, that the motion to show cause be rescinded and the motion to suppress be modified.

In the new modified order to suppress, Aquilina said all information would be made available to the public except for information contained in the "probable cause for arrest hearing" document.

This document will be made available to the public when the preliminary exam takes place at 10 a.m. on June 15.

Aquilina said limited suppression is in the best interest of all parties, witnesses and the public.

After the hearing, Bergstrom said he would no longer be answering questions from the press pertaining to the case.

Members of the cold case unit would not comment, and Matwiejczyk was unable to be reached for comment.

Justin Kroll can be reached at krolljus@msu.edu.