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Posted: 5:00 a.m. Monday, Oct. 15, 2012
By Denise G. Callahan
The trial for an 18-year-old St. Clair Twp. man accused of killing his stepfather on Father’s Day begins today.
Michael J. Ray allegedly confessed to stabbing Brian K. Schmidt, 36, on June 17 when sheriff’s deputies arrived at the home on Weeping Willow Drive.
“I did it,” he allegedly said.
A disagreement between Ray, his mother Bonnie Ray Schmidt and Schmidt allegedly led to the stabbing. Deputies found all three covered in blood when they arrived on the scene at 4:45 p.m. Ray was indicted on one count of murder and plead not guilty.
One of the motions filed in the case by Ray’s attorney Gregory Beane asked Judge Michael Sage to order the prosecutors to make what appears to be a tool of some sort available to him as it “is an important piece of evidence in support of the defense of the charge against the defendant.”
Assistant Prosecutor Dan Phillips agreed the tool could be important.
“It’s going to be part of what we’re arguing about,” Phillips said, adding they had no objection to providing the evidence.
In another motion, Beane asked Sage to allow the jury to take a field trip to the crime scene. The bus trip will take place Monday morning before opening statements.
Beane also asked Sage to disallow or at least limit pictures of the victim. He said his client has “stipulated” Schmidt died because Ray stabbed him.
“Any photographs depicting the deceased body of Brian Schmidt at the scene and especially photographs of the body of the deceased stained and saturated in blood would be duplicative and unnecessary to establish his cause of death and would only serve to inflame and incite the emotions of the jury,” Beane wrote.
Sage denied the motion but Beane said the judge will rule on a “photo-by-photo basis” during the trial.
Phillips filed a motion asking for grand jury transcripts of Ray’s mother’s testimony. He wrote that because the defense plans to call her as a witness, he wanted to have her prior testimony, in case her testimony at trial is “inconsistent” with what she has said before. He withdrew the motion.
If Ray is found guilty, he faces 15 years to life in prison.
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