PROVO — A judge is weighing whether to grant Martin MacNeill a new murder trial after defense attorneys argued that information about a letter written for an inmate would have changed the jury’s reasoning.

Defense attorneys are asking the judge to declare a mistrial, as well as order that double jeopardy protections apply and to dismiss the case altogether.

“Frankly, there is a lot here,” 4th District Judge Derek Pullan said at the close of Monday’s hearing. “There is much to consider.”

MacNeill, 58, was convicted of murder, a first-degree felony, and obstruction of justice, a second-degree felony, in the 2007 death of his wife, Michele, following a jury trial that wrapped up in November.

A case for mistrial

Defense attorney Randy Spencer argued Monday that prosecutors failed to disclose information that an investigator in their office had agreed to write a letter for a federal prison inmate who testified against MacNeill at trial.

But deputy Utah County attorney Chad Grunander said his office made it clear multiple times during the trial that prosecutors had told inmates who testified that they would write letters of recommendation to those who asked for them. Grunander said he was not aware that the specific agreement had already been made but that it wouldn’t have made any difference.

“We did not know his attorney had asked for a letter, but I don’t think it makes a bit of difference,” Grunander said, noting that it came out at trial that the inmate could have a letter if he asked for one and that the inmate was hoping to benefit from testifying. “The arguments defense counsel is making would have no effect on the outcome here.”

Spencer disagreed, arguing that the inmate was only one who provided direct evidence about what happened the morning Michele MacNeill died at the couple’s home.

“We believe this entire case was circumstantial,” he said. “It was an extremely close call. … Had this information been disclosed to us, I believe the outcome (at trial) would have been different.”

The judge told prosecutors he felt that a filing from prosecutors stating that no benefit had been offered to the inmate near the start of trial was a “clear error.” He said the investigator was part of the prosecutors’ office and should have clarified what promises he had made, regardless of what the prosecutors themselves knew.

But it is up to the judge to determine what, if any, impact that lack of specific information about the benefit to that inmate had on the trial and outcome.

Spencer said he didn’t have to show the omission would have changed the verdict, just that it impacted the jury’s judgment.

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Grunander reiterated that it was clear that any inmate who asked for a letter in exchange for testifying would receive one. He said the testimony of the inmate in question was just one of many pieces of evidence at trial that pointed to Martin MacNeill’s guilt.

“I feel confident we’re going to prevail on these motions given the facts of the case and the controlling case law,” Grunander said.

As for the request that the case be dismissed under double jeopardy, Spencer said that is a possibility given prior Utah Supreme Court decisions, which he said allow for more flexibility than afforded under the U.S. Constitution. Grunander said it could only apply if the defense could somehow show that prosecutors intentionally acted in bad faith with the hope of getting another try at trial.

Victim's family stands behind prosecutors

Alexis Somers, Michele and Martin MacNeill’s daughter, said she is hopeful that the case will move past these motions. She said her family stands behind the investigator in question, Jeff Robinson.

Without Robinson and former investigator Doug Whitney listening to her family and their concerns that her mother had been killed, the case never would have existed, Somers said.

“I take it personally when they’re attacked,” she said. “I’m anxious for this to be resolved.”

Somers said she doesn’t want to even consider that the case could be dismissed due to double jeopardy, adding that she's certain the trial was fair and that the jury’s decision was the right one.

“He is guilty,” she said. “I have 100 percent faith in the Utah County Attorney’s Office. They’re wonderful men and I totally support them. We’re behind them, and I think when this comes down to it, there’s not going to be an issue. We’re going to get the conviction and move on to sentencing.”

The judge took the matter under advisement and said he would try to issue a ruling within 60 days.

MacNeill is facing a single count of forcible sexual abuse, a second-degree felony, in an unrelated case. A two-day trial in that case is slated to begin Wednesday.

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