A recently published Michigan Court of Appeals ruling regarding the admission of hearsay evidence has prompted a one-week delaying in hearing two motions in the case against Anthony and Marsha Springer on charges stemming from the death of their daughter, 16-year-old Calista Springer.

Consideration of the motion in limine regarding whether “hearsay” evidence should be allowed and a motion to quash the criminal charges against the Springers – originally slated for St. Joseph County Circuit Court on August 6th – was reset for Monday (August 24th).  However, Monday’s ten-minute proceeding yielded action by Circuit Court Judge Paul Stutesman to adjourn the hearing again – until next Monday (August 31st) at 10 a.m.

Stutesman reported that an Appeals Court decision in the case of The People versus Jovan DeKeith Smelley – published on August 13th – deals with the use of inadmissible hearsay evidence and “is now binding law.”  He said he advised both sides about publication of the ruling by e-mail late last week and asked them to be prepared to argue this case in light of the ruling.

Stutesman said he has read the ruling, but hasn’t had an opportunity to review the case and the transcripts.  He expressed his willingness to grant additional time.

County Prosecutor John McDonough said the prosecution has read through the ruling and was prepared to move forward.  He said, “We’re here this morning because the defense wasn’t prepared on the last brief and we’ve got nearly a hundred witnesses.  We’ve got to start preparing for trial and, if there’s going to be another adjournment, I ask that it be a very short adjournment.”

Stutesman said, “Briefs were filed, but not to the extent that I was satisfied.  All those briefs are now superseded by this decision, which is a published decision which means it is binding.”

After saying, “I don’t want to do this twice,” Stutesman said, “I will grant a one-week adjournment.”

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.  She was found dead, chained to her bed, after the fire on February 27, 2008.

The trial of the Springers is scheduled to begin on October 27th.

Editor’s note:  This story was modified slightly at 9:34 p.m. 8-25-09 to correct the quote from Judge Stutesman to read “I don’t want to do this twice,” rather than “I want to do this right.”