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Judge moves Macon murder, torture cases to circuit court

November 5, 2007

Macon

A Lansing district court judge forwarded five charges against accused serial killer Matthew Macon to circuit court Monday, including two counts of open murder.

Macon’s preliminary examination for the murders of Lansing residents Sandra Eichorn and Karen Delgado-Yates and the assault of another Lansing woman concluded Monday with District Court Judge Patrick Cherry moving all but one charge to circuit court.

He is now slated to stand trial for two counts of open murder and individual counts of torture, assault with intent to do great bodily harm less than murder and first-degree home invasion.

Cherry dismissed one count of first-degree criminal sexual conduct filed against Macon.

“The evidence on that is sufficiently sketchy,” Cherry said.

Prior to Cherry’s ruling, Jeffrey Nye, an expert witness, testified that a glove found at the scene of Eichorn’s murder contained Macon’s DNA. Nye also testified that DNA obtained from a baseball cap left at the home where Delgado-Yates was found was a match to Macon.

Mike O’Briant, Macon’s attorney, said Cherry’s decision was in line with his expectations for the day.

Macon is expected to be assigned to a circuit court judge in the coming weeks.

In the meantime, a criminal contempt hearing against a Michigan State Police detective who O’Briant believes violated a gag order when he told the Lansing State Journal that Macon confessed to the 2005 murder of a Lansing Community College professor is scheduled for Friday.

O’Briant also plans to file for a motion for a change of venue in the case. Friday’s hearing could have an impact on whether the case stays in Lansing’s circuit court.

“I think either way, it’s going to help the issue of a change of venue,” O’Briant said. “Whether or not the judge holds him in contempt, he still blabbed his mouth. Whether or not he said he knew about (the gag order) or not, it’s still bias out there for my client.”

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