Judge grants request for victim's medical records, testimony suppression in Kinville case
Michael Kinville, 23, was arrested on charges of assault by strangulation and domestic violence on May 30.
Isabella County Chief Judge Paul Chamberlain granted requests by Michael Kinville's attorney to access a victim's medical records and suppress law enforcement testimony.
Kinville, a former Central Michigan University football player, was arrested on charges of assault by strangulation and domestic violence on May 30.
At a motion hearing on Sept. 25, Kinville's attorney Daniel O'Neil motioned for discovery of complainant Joslyn Seger's medical records. He also made a motion to suppress testimony from Kinville's arresting officer, Isabella County Deputy Thomas Szidik, saying the deputy did not have probable cause to enter the Deerfield Village apartment where Kinville was arrested.
Chamberlain issued a written opinion on Sept. 28, explaining his reasoning for granting the defense's request.
Medical records
After suffering from bruising and soreness after the night of the alleged assault, Seger went to an urgent care in Mount Pleasant. In the original police report, Seger reported pain in her ribs. She had visible bruising on the left side of her throat and a red mark on her right hand.
"The defendant argues that this discovery is necessary because he will be presenting evidence that he did not try to strangle (Seger), but instead was just fending her off," Chamberlain wrote.
Chamberlain ordered the court to request waiver from Seger, which will be sent to her health care provider from that day. The release will outline the request for her medical records. If Seger refuses to sign the release, her testimony will be suppressed.
The judge wrote that if Kinville demonstrated good-faith belief, grounded in articulable fact, there is a reasonable probability that the medical records are likely to contain information that is necessary to Kinville's case.
O'Neil plans to have the medical records analyzed by a forensic pathologist.
Suppression of statements
Kinville's attorney argued that law enforcement illegally entered the Deerfield apartment where Kinville had been staying.
"An overnight guest at a residence does have a legitimate expectation of privacy that confers to standing to challenge a search of the residence," Chamberlain wrote.
Seger called the police on May 30, and told Szidik that Kinville was inside the apartment. She was inside the apartment when the alleged assault took place. The deputy entered the apartment to question Kinville, who was sleeping, and arrested him.
At a preliminary examination in August, Szidik said he had consent and probable cause to enter the apartment and arrest Kinville. Chamberlain said in order for a third party to properly provide consent to enter to law enforcement, the third party must have "equal possession or control of the premises."
"In this case, (Seger) did not have possession, control or any kind of authority over the apartment," Chamberlain wrote. "On the night in question, (Kinville) allowed (Seger) to enter the apartment before the alleged assault occurred, but (Seger) left the apartment after calling law enforcement. When law enforcement arrived (Seger) was outside of the apartment."
Chamberlain went on to say that in this case, the deputy could not have reasonably believed that Seger had the authority to enter or provide entry the apartment.
"(Prosecution) failed to make any showing that law enforcement would have ultimately obtained (Kinville's) statements in a constitutionally accepted manner."
