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Virus postpones murder trial again

Gary Paul Phillips-Donovan is pictured in court during his arraignment. (Escanaba Daily Press file photo)

MENOMINEE — A jury trial for a Bark River man accused of murdering his adoptive father last fall has been pushed back a second time due to the COVID-19 pandemic.

Gary Paul Phillips-Donovan, now age 36 and formerly of 3071 D Road, Apt. 208 in Bark River, was arrested and charged with open murder last November after his adoptive father, Michael Alan Donovan, was found dead with extensive blunt force trauma to the face and neck on Nov. 19, 2019. Donovan’s body was found in his detached garage, located on Old U.S. 2 and 41 near Eutis Road in Harris Township. Phillips-Donovan, who had allegedly been stealing from the residence of his adoptive parents shortly before the murder, was subsequently arrested in connection with Donovan’s death.

Phillips-Donovan was bound over to Menominee County Circuit Court in January on one count of homicide – open murder, a felony punishable up to life in prison; and two counts of home invasion – first degree, a 20-year felony and a maximum fine of $5,000. A habitual offender notice – fourth offense notice was filed for the three counts. The habitual offender notice would make the maximum sentence life in prison if the primary offense has a penalty of five years or more — which all three counts do.

Initially, a five-day jury trial was set for May 11-15, but the impact of the COVID-19 pandemic prompted the trial to be rescheduled for Oct. 26 through 30. During a hearing held Tuesday, Phillips-Donovan’s defense moved to reschedule the trial once more because of the impact the virus could have on his right to a fair trial.

Specifically, the motion filed by Randall J. Philipps and Jane C.W. Hansen, the attorneys representing Phillips-Donovan as counsel and co-counsel respectively, cited possible complications with jury selection, witness testimony, and jury deliberations.

Philipps and Hansen argued the current executive order mandating masks in Michigan would hinder the defense’s ability to disqualify potential jurors because expressions could not be seen that would indicate things like bias or prejudice.

They also argued the masks could muffle testimony, hide the facial expressions of witnesses — which can be key in jurors determining whether a witness’ testimony is valid — and could present a constitutional issue.

“This inability to properly read the faces of witnesses by defense counsel jeopardizes Mr. Phillips-Donovan’s Sixth Amendment rights to confront his accusers and cross-examine the witnesses brought against him,” Philipps and Hansen wrote in the motion.

Another key concern was the fact jurors may not be comfortable in the tight spaces provided by jury boxes and deliberation rooms, where social distancing could be challenging.

“It is impossible to categorize the effect that COVID may have on jury deliberations,” the defense wrote in the motion. “No data exists as no jury trials have been conducted under these present conditions. It is easy to posit circumstances where jurors may feel compelled to conclude jury deliberations quicker because of risk factors from being confined in small areas.”

While the motion asked for the court to adjourn the trial until the issues raised could be addressed, the Judge Christopher Ninomiya did move forward with setting new trial dates. Phillips-Donovan is now scheduled to appear for trial April 12-17, 2021. A supplemental pretrial conference was also scheduled for Jan. 19.

Phillips-Donovan remains lodged in the Menominee County Jail.

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