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Statute of limitations legislation to be introduced in House this week

September 29, 2011

Every year, the weeks surrounding Oct. 1 are hell for Shawn D’Annunzio.

Eleven years ago this Saturday, her son’s head split open on an East Lansing sidewalk after falling backward from a punch to the face.

Twenty-four-year-old Brandon D’Annunzio died 11 days later in a hospital bed, after a blood clot formed in his brain.

The three mysterious suspects, one who threw the fatal punch, evaded East Lansing Police for more than a decade, until last year.

After reading an article in The State News commemorating the 10-year anniversary of D’Annunzio’s death, several tips came forward last year, leading to the identification of the suspect who attacked Brandon D’Annunzio.

But the discovery came too late for police to act — the 10-year statute of limitations to charge the alleged perpetrator with manslaughter ran out.

This Tuesday — five days prior to the 11th anniversary of the incident — East Lansing’s state representative introduced legislation to prevent history from repeating itself.

The bill, introduced by State Rep. Mark Meadows, D-East Lansing, would extend the statute of limitation indefinitely.

The bill would shift the 10-year period, which now begins when the crime is committed, to after the alleged perpetrator is identified by police.

“It doesn’t just apply to the circumstances of this case,” Meadows said.

“It will have the effect of providing prosecutors a tool to deal with circumstances … where (a) cold case situation is in play.”

Although the 10-year statute of limitations applies for cases of manslaughter in Michigan, murder cases remain open-ended in the state.

In those cases, it is legal to prosecute at any time, even decades after the crime was committed.
Statute of limitations are in place to provide adequate protection for the defense, said Ronald Bretz, a Thomas M. Cooley Law School professor.

The limitations are designed to prevent defendants from being unable to mount an adequate defense, as evidence dries up, and witness’ memories fade with time.

“It’s too hard to defend against something umpteen years ago,” Bretz said.

“Maybe some allowance in that area isn’t a bad idea, but I hate it see them change (it) at all.”

Although he stopped short of endorsing the bill, Ingham County Prosecutor Stuart Dunnings III said he supported reviewing the statute of limitations so similar cases would not happen in the future.

“After the D’Annunzio instance, I’m certainly in favor of the review of the statute of limitations,” Dunnings said.

Dunnings previously said he viewed the case as a “textbook case” of manslaughter, not murder.

Under this interpretation, the alleged killer cannot be prosecuted.

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“Whether (the statute of limitations) need to be extended in circumstances is always something that needs to be considered,” Dunnings said, adding new DNA evidence also has raised the questions in old cases about whether the limitation period is too short.

But for Shawn D’Annunzio, the pain doesn’t fade with the years.

“God knows what I’ve missed in 11 years … that can eat your heart away,” she said.

“This gives me a reason to see a light at the end of the tunnel.”

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