Michael George Jailed Dealer - Update

[drice6900]

Breaking news:

 

Freep article

 

Convicted comic book store killer to get new trial, judge rules

By CHRISTINA HALL and AMBER HUNT • FREE PRESS STAFF WRITERS • September 12, 2008

 

Michael George, the man convicted this year of killing his wife Barbara George in 1990 in the back of Clinton Township comic store they owned, will get a new trial, a Macomb County Circuit Judge just ruled.

 

Judge James Biernat Sr., who presided over the previous trial, cited prosecutorial misconduct as one of the reasons for overturning the jury’s conviction.

 

Such a ruling is extremely rare, but is allowed under law when a judge believes that he or she would not have reached the same conclusion as the jury had it been a bench trial.

 

Barbara George was shot once in the head with a handgun at the Georges’ comic book store in Clinton Township on July 13, 1990. Documents recently discovered in a police file at the time of the murder refer to a man with a criminal past who knew the Georges and was in the area at the time of the murder. In June — a month before the documents were found — Michael George was sentenced to life in prison on first-degree murder in her slaying.

 

George’s attorney, former Macomb County Prosecutor Carl Marlinga, said the folder, which was found between two other folders in July and then given to prosecutors and defense attorneys, contains seven documents including a 1990 report by a Clinton Township officer about a call from Pat Flannery at Wayne County trustee services about pertinent information on the George case.

 

In the report, Flannery said he lived with Rita Prog, who was once married to Marshall David Prog, a drug addict who boasted that he had been involved in criminal activity in the past and had gotten away with a murder. A few days before Barbara George was killed, Marshall David Prog had returned to Michigan from Florida, was broke, and asked his ex-wife for money, which she declined to give. But a few days after the murder he returned to Florida with a large sum of money.

 

Marlinga said the report to township police was never followed up. While Prog is dead, his ex-wife isn’t. She could have been called to testify in the trial and the information presented to the jury, changing the case, and also could have been the tipping point for George to testify, Marlinga said.

 

“It is undeniable that this is important stuff,” he argued in court earlier today.

 

After the hearing, George’s defense attorneys said the folder literally slipped through the cracks. But, “in a thin case it could make a difference,” Marlinga said.

 

George began to weep when Biernat made his ruling. His two daughters quietly smiled while Barbara George’s siblings shook their heads in disbelief.

 

George was convicted in June of shooting his wife once in the head. Assistant Prosecutor Steve Kaplan had argued money was the motive because Michael George had his wife insured for more than $100,000.

 

[Schmakt]

"It is better to let 10 guilty men go free than to punish one innocent one - do you hear, do you hear that majestic voice from the previous century of our glorious history?"

 

Regardless...

I hope he's innocent.

And I am they find him as such.

[burntboy]

I don't understand where the Judge is getting "prosecutorial misconduct" from. sounds like the folder was overlooked in general and then given to both the prosecution and defense at the same time.

 

I also don't understand how the fact that this person of interest had money all of a sudden has any bearing on anything. i thought no money was stolen from the store and even the "stealing" of some comics was highly suspect.

 

Judges have way too much power if they can overturn a jury's verdict. (Unless the jury was found to be corrupt/racist/biased, etc.

 

Just MHO.....

[joe_collector]

Hilarious - "OMFG, a criminal and drug addict was seen in the county! - He must have done it, start a new trial!"

 

Heck, with that methodology, you could solve every crime in Detroit by just walking down the street.

 

At least we know where George's insurance money went to.

[Aces]

I don't understand where the Judge is getting "prosecutorial misconduct" from. sounds like the folder was overlooked in general and then given to both the prosecution and defense at the same time.

 

I also don't understand how the fact that this person of interest had money all of a sudden has any bearing on anything. i thought no money was stolen from the store and even the "stealing" of some comics was highly suspect.

 

Judges have way too much power if they can overturn a jury's verdict. (Unless the jury was found to be corrupt/racist/biased, etc.

 

Just MHO.....

 

I think this judge almost threw the case out before it went to trial too.

 

[whomerjay]

I don't understand where the Judge is getting "prosecutorial misconduct" from. sounds like the folder was overlooked in general and then given to both the prosecution and defense at the same time.

 

I also don't understand how the fact that this person of interest had money all of a sudden has any bearing on anything. i thought no money was stolen from the store and even the "stealing" of some comics was highly suspect.

 

Judges have way too much power if they can overturn a jury's verdict. (Unless the jury was found to be corrupt/racist/biased, etc.

 

Just MHO.....

 

So you think that the file was just "misplaced"? And either: 1) no one in the DA's office ever read it; or 2) they read it but forgot about it or thought it wasn't relevant? Sounds like a Dukes of Hazard episode.

 

I have no idea if this evidence is critical or is just circumstantial but it being "lost" sure sounds like prosecutorial misconduct to me.

[binarysunrise]

I don't understand where the Judge is getting "prosecutorial misconduct" from. sounds like the folder was overlooked in general and then given to both the prosecution and defense at the same time.

 

I also don't understand how the fact that this person of interest had money all of a sudden has any bearing on anything. i thought no money was stolen from the store and even the "stealing" of some comics was highly suspect.

 

Judges have way too much power if they can overturn a jury's verdict. (Unless the jury was found to be corrupt/racist/biased, etc.

 

Just MHO.....

 

So you think that the file was just "misplaced"? And either: 1) no one in the DA's office ever read it; or 2) they read it but forgot about it or thought it wasn't relevant? Sounds like a Dukes of Hazard episode.

 

I have no idea if this evidence is critical or is just circumstantial but it being "lost" sure sounds like prosecutorial misconduct to me.

 

So they misplaced this file, on top of the the notes about the phone call that supposedly placed him at the scene of the crime? I'm envisioning an evidence room where the half-eaten greasy cheeseburgers lie on top of haphazardly stacked case files...

[joe_collector]

So you think that the file was just "misplaced"? And either: 1) no one in the DA's office ever read it; or 2) they read it but forgot about it or thought it wasn't relevant?

 

I think I'll move there, as it appears that there are NO CRIMINALS OR DRUG ADDICTS in the entire county, as the sheer presence of a SINGLE ONE is enough to open a new trial for a convicted murderer.

 

Must be Shangri-La to live in a totally criminal-free, drug addict-free county.

[Raphael]

that's a huge development

[whomerjay]

So you think that the file was just "misplaced"? And either: 1) no one in the DA's office ever read it; or 2) they read it but forgot about it or thought it wasn't relevant?

 

I think I'll move there, as it appears that there are NO CRIMINALS OR DRUG ADDICTS in the entire county, as the sheer presence of a SINGLE ONE is enough to open a new trial for a convicted murderer.

 

Must be Shangri-La to live in a totally criminal-free, drug addict-free county.

 

Well, you obviously know this information first hand so as to dismiss it as 100% circumstantial (never mind someone called to give this information because he judged it relevant to the case).

 

I know many have venom, some of it justified, for what they think are "liberal" judges who seem to bend over backwards to support criminals' rights. But you can't make sweeping judgements about *spoon* on such little information.

 

Besides, the point is not whether this evidence will free him, it's that people who work in the DA's know this kind of evidence needs to come out and be rejected, because burying it can cause a major problem (as it has).

[Foolkiller]

Sure this will be going up on appeal. Not sure what the Michigan appellate division is like, but do not take this as a definite George will get a new trial. Just FYI.

[heinlein99]

Well, before we put a man behind bars for the rest of his life, let's make sure ALL the information is released and examined properly.

[joe_collector]

Well, before we put a man behind bars for the rest of his life, let's make sure ALL the information is released and examined properly.

 

Agreed, but that can be done without a trial, and I still have yet to hear any linkage between this mysterious criminal and the murder of George's wife, and it seems like the defense simply wants to toss it out there as a "Hey, maybe he did it..." kind of red herring.

 

If there is evidence linking this perp to the crime, let's see it.

[sborock]

So you think that the file was just "misplaced"? And either: 1) no one in the DA's office ever read it; or 2) they read it but forgot about it or thought it wasn't relevant?

 

I think I'll move there, as it appears that there are NO CRIMINALS OR DRUG ADDICTS in the entire county, as the sheer presence of a SINGLE ONE is enough to open a new trial for a convicted murderer.

 

Must be Shangri-La to live in a totally criminal-free, drug addict-free county.

 

I still think this is a

 

Sorry everyone, but I would move there as well.....

 

Not that I have any clue if M.G. is guilty or not.