Delayed Justice

Dineane Ducharme has been found guilty of first-degree murder (mandatory life), conspiracy to commit murder, and mutilation of a dead body. Sentencing is February 1.

Now we await the return of Dineane’s mother, Beverly Anne Magliochetti, from her hold in a Roman jail. She has been portrayed as the mastermind of the crime and its prime assailant.

All the testimony has been elicited, all the exhibits shown, and all the arguments have been made. The evidentiary part of the trial is now concluded. This morning came the closing arguments for the prosecution, the defense, a rebuttal from the prosecution, and lastly, instructions for the jury from the judge. It all comes down to reasonable doubt for defendant Dineane Ducharme. And, if she is found guilty, to which of the three charges (open murder, conspiracy to commit, and mutilation of a body) and, in the case of murder, degree: first or second.

We wait.

Today we heard a little from Det. Bob Donker (retired) and then much more from Det. Roger Maltby (retired). We are skipping tomorrow and will resume on Friday at 8:30 with Det. Maltby.

Two days so far. Opening arguments, testimony from the victim’s daughter, Detective Bob Donker, forensic pathologist Steve Cohle, M.D., then back to Det. Donker. And that’s where we left it to pick up tomorrow morning at 8:30 a.m.. You may watch by going here and then selecting Judge Janice Cunningham’s courtroom. It is a far cry from being IN the courtroom. The feed is not robust and the audio is problematic, but such is the exigency under Covid. And you have to go back each and every time the feed is interrupted and hit the link again. Tomorrow’s session is to last to about 3 p.m. The trail will then recommence on Friday, again at 8:30. It’s likely to run into next week.

Tomorrow morning begins again the trial of Dineane Ducharme in Charlotte’s Eaton County Circuit Court. The trial is being run under Covid protocols…no audience or news media. But there is an internet feed via facebook. The trial will run from 8:30 a.m. to 3 p.m. this Monday, Wednesday, and Friday. Nothing Thursday, and then again 8:30 a.m. to 3 p.m. on Friday. You can watch here by selecting the node for Judge Janice Cunningham’s court. The trial may run into next week, too.

That, of course, was one question. We’ll see how it goes. To watch? Here.

Yes, indeed, the trial for Dineane Ducharme will go ahead as scheduled. Jury selection is slated for this Friday and the trial will go ahead with the gallery closed to the public. It may be the jury selection will be shared on facebook live-streaming, but the trial certainly will be. This is the web address for watching all that. (Click on the livestream link for Chief Judge Janice Cunningham.)

I will be interested to see whether the court will show jury selection on Friday. I think there are two competing interests. The first is to make the trial available to the public to ensure openness and transparency. If you were sitting in the courtroom during voir dire (jury selection), you would see and hear the jurors as they responded to questions and challenges.

The second interest is the need to protect jurors from unwanted scrutiny; they must be able to do their job without influence or pressure. It is not permitted for news media to publish images of jurors during jury selection and a trial. According to Administrative Order 1989-01, “(iii) Film or electronic media coverage of the jurors or the jury selection process shall not be permitted.” Sometimes, after a trial, jurors will choose to sit for interviews, but that’s when everything is done.

How to reconcile those two contradictory impulses remains to be seen. Always the question remains: could it in some way be an appealable issue?

To the best of my knowledge, the trial for Dineane Ducharme for her part in the murder of her step-father Roberto Caraballo, May 7, 2002, begins next week in Eaton County’s 56th Circuit Court. It’s likely that the trial will be held under Covid protocols…spacing out the jury in the public gallery. That will mean that the proceedings will not be open to the public but, instead, viewable on the court’s facebook page. I’ll try to get that address and confirmation.

There always is the possibility that the prosecution and defense might come to an agreement on a plea and sentencing in this case.

As well, Dineane’s mother, Beverly Anne Magliochetti (aka Beverly McCallum), remains in an Italian jail awaiting extradition for her alleged part in this murder.

Even before the court session opened today it was clear to the judge, the prosecutor, and the defense that there was a mistrial. The jury had been selected last Friday, and all was in order to move ahead. All the witnesses had been summoned for today, the prosecution and defense were ready to go. But over the weekend, a juror grew uncomfortable with the proximity that would have been required in the jury box…there was no room for social distancing. And with the Covid delta variant on the rise, there was ample reason for consideration. The only other accommodation would have been to position the jurors in the general seating area of the courtroom…where it’s distant and dark. Such distance and resulting reliance on video monitors really would have compromised a fair trial. That’s because so much relies on jury members being able to clearly see the defendant, witnesses, the attorneys, the judge. So, the trial was scrubbed for now. It will be rescheduled for late October or early November. Judge Janice Cunningham said THAT trial will not be postposed and will be set up for social distancing if necessary but with enough time to do it right in order to preserve a fair trial. That also would mean that there would be no access by the media or general public and that the proceedings would be shared live on YouTube to meet the concept of an open court.

I have been missing in action. Much has happened. There has been an arrest in the Deannie Peters case. James Frisbie has been arrested and while details are still pretty limited pending court proceedings…they will be coming.

Casey West also has let me know that Dennis Bowman has a trial date set for January of 2022.

And to the point here, Dineane Ducharme will stand trial August 16 in Eaton County’s 56th Circuit Court, Judge Janice K. Cunningham presiding, for her part in the murder of Roberto Caraballo in the Jack in the Box case. As well, to the best of my knowledge Beverly Anne Magliochetti (aka Beverly McCallum) remains in an Italian jail awaiting extradition.

Gotta get my paperwork in. Every time I want to put a camera in a courtroom I need to ask for permission. This is what that looks like.