The case against Anthony and Marsha Springer in connection with the death of their daughter, 16-year-old Calista Springer, was the focus of a brief hearing Thursday afternoon (August 6th) in St. Joseph County Circuit Court.

During the 13-minute proceeding, Circuit Court Judge Paul Stutesman dealt with two of the four motions filed by defense attorneys.

Stutesman authorized the appointment of Dr. Susan Carter of Psychological & Counseling Services in Paw Paw as an “expert witness,” something requested by John Bush, the attorney representing Anthony Springer.  In addressing the judge on the matter, Bush said, “Your Honor, I think it’s abundantly clear in this case that justice would require Anthony Springer have the benefit of expert testimony at the trial.”

Prosecuting Attorney John McDonough said, “We certainly are not going to object to a potential expert witness if we believe that one is warranted.”

McDonough requested a Daubert hearing and said, “We don’t know what Dr. Carter’s qualifications are and we would certainly like to hear the scope of the testimony that she may give before we proceed through the trial.”  And he said, “I’m very skeptical as to how someone who has never met a patient can give any sort of analysis as to her behavior.”

Regarding the request to have Carter serve as an expert witness, Stutesman said, “With the issues raised in this case, I find it is warranted that an expert be appointed.”  Stutesman directed that Carter “provide a copy of her Curriculum Vitae and make herself available for discovery to the prosecutor’s office.”

The hearing also included attention to a motion by Bush and Victor Bland, the attorney representing Marsha Springer, in which both defendants argue that they will not be able to get a fair trial from a prospective jury pool selected from St. Joseph County due to publicity surrounding the case.

In the conclusion of their response to the venue motion, McDonough and Assistant Prosecuting Attorney Erin Hahn said, “Justice does not demand a change of venue to another county unless it is first attempted here in St. Joseph since the Defendants have not met their burden in showing actual bias or prejudice with regard to the potential jury pool.  The People respectfully request that this Court first attempt to select a jury pool in the County first and reserve a decision on this Motion until after it is determined that a fair and impartial jury panel cannot be selected here.”

Bush said, “We stand by the request for a change of venue, although I would concede that the brief filed by the Prosecuting Attorney accurately summarizes the law in the State of Michigan in respect to change of venue and it is my belief that the Court must try to find a jury first before a change of venue can be granted.”  Bland concurred with Bush and both attorneys suggested that a questionnaire be utilized to facilitate the jury selection process.

Stutesman said, “I will reserve on the motion to change the venue because of pre-trial publicity” and said the questionnaire should be handed out to prospective jurors on the day they are called, rather than in advance.  Regarding development of the questionnaire, Stutesman said, “I think that’s going to require both sides and the Court to be involved in determining what those questions are to be asked.”

In concluding the hearing, Stutesman announced that, “Pursuant to the agreements of both sides at the request of the Court and the defendants,” the motion in limine regarding whether “hearsay” should be allowed and the motion to quash the criminal charges against the Springers will be reset for Monday, August 24th, at 10:30 a.m.  Stutesman said “further briefing” on those motions will be done and “those briefs will be due next week.”

Anthony and Marsha Springer, the father and adoptive mother of Calista, are charged with Felony Murder, Torture and Child Abuse in the First Degree in connection with her death in a fire at the family home in Centreville early last year.  Calista was found dead, chained to her bed, after the fire on February 27, 2008.

Felony Murder and Torture both carry penalties of up to life in prison while the Child Abuse in the First Degree charge is a 15-year felony.

The trial for Anthony and Marsha Springer is scheduled to begin on October 27th.

For additional perspectives on this topic, click on the following links for stories from the Sturgis Journal, Kalamazoo Gazette, and Three Rivers Commercial-News:

• Venue change under review
• Jury, trial venue decisions pending in Springer case in St. Joseph County
• Change of venue in Springer case?

Editor’s Note:  This story was updated at 11:15 a.m. 8-7-09 to add links to the reports from the Sturgis Journal and Kalamazoo Gazette and at 3:33 p.m. to add the link to the story from the Three Rivers Commercial-News.