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Bill to allow hearsay as evidence in court

February 27, 2002

In April 1997, Nancy Muriel was dragged out of her bed by her drunken boyfriend, and after struggling against him, tumbled onto Saginaw Street.

She was killed by a passing truck.

Ingham County Prosecutor Stuart Dunnings III had just taken office when Muriel’s case came to his court. Dunnings said Muriel’s boyfriend had a history of abuse, but had never been convicted.

“This man should have gone to trial a month before,” Dunnings said. “But she just wouldn’t cooperate.”

Prosecuting domestic violence cases is difficult because victims often will not cooperate for reasons of fear, love, money or for a desire to keep the family together, Dunnings said.

“I respect all these women and I respect all those reasons,” he said.

“They want to believe him this time when he says this won’t happen again, but we have to bring these batterers to justice.”

A bill introduced to the state House in October could make it easier for the court to prosecute domestic violence offenders.

The bill, which has been on hold since November, would make it possible for those not directly involved with the abuse to testify against the defendant.

Dunnings said he calls this procedure “victimless prosecutions,” but others refer to it as “hearsay,” which is prohibited in the court system.

The bill was primarily sponsored by Rep. Derrick Hale, D-Detroit.

He also was responsible for it being put on hold just before it had almost made its full course through the House.

“My caucus had some problems with the bill regarding the hearsay evidence, which could or would be used against someone,” Hale said.

“They haven’t been able to work out some compromise language on it.

“If someone said that 20 years ago you were involved in a domestic violence suit but you were never charged with it, the prosecution may try to set it up as a history or pattern. That could be pulled and used against you, but you have to have concrete evidence.”

Hale said they are still attempting to rework the bill in a manner which will be fair to defendants.

“We want this to be done appropriately and correctly,” he said.

Scott Hummel, R-DeWitt, one of the bill’s 20 co-sponsors, said it would help victims who cannot speak for themselves.

“If a husband was beating his wife and the wife wouldn’t testify, she may have told a friend or something,” Hummel said. “The friend’s testimony could be used as evidence against the husband.”

Dunnings said out of all the Lansing District Court misdemeanor cases, roughly 85 percent involve domestic violence. In a court study, almost 45 percent of domestic violence cases were dismissed.

“We just didn’t have victim cooperation,” he said. “With this statue, we can get some of the statements the woman made. When she talks to the neighbors and runs over to their house, those statements tend to be the truth.

“This bill is absolutely necessary.”

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