The appeals court ordered Clinton Township to be considered. confession of murder accused

The Michigan Supreme Court has sent back to the state Court of Appeals the question of whether a Clinton Township murder defendant’s confession would remain part of the case.

In a ruling favorable to Macomb County prosecutors, the high court on Thursday ordered appellate judges to review Macomb Circuit Judge Diane Druzinski’s February 2023 decision to dismiss the hospital bed statement of Matthew Lewinski, 40, charged with first degree murder. for the December 2020 murder of his ex-girlfriend, Courtney “Jerri” Winters, at her home. He hid her body in the basement of his house for seven months.

In April 2023, the appeals court refused to review Druzinski’s ruling that suppressed Lewinski’s confession to police because detectives granted Lewinski his Miranda rights 27 minutes into a 69-minute interview . Lewinski was connected to machines in an intensive care unit bed at Henry Ford Macomb Hospital in Clinton Township and was not free to leave, the judge ruled. Druzinski said that by the time his rights to remain silent or obtain counsel were communicated to him, Lewinski had already made incriminating statements and the post-Miranda statements were a continuation and/or repetition of pre-Miranda statements. Miranda.

The Court of Appeal denied prosecutors even the opportunity to appeal, and prosecutors appealed this decision to the High Court. Supreme Court justices stayed the decision pending a decision in People v. Ghunaim. In this Eaton County case, the defendant made incriminating statements as a patient in a hospital that were allowed to remain in the case by a circuit judge, whose decision was recently upheld by 2- 1 by the court of appeal. The circuit judge ruled that defendant Maher M. Ghunaim was free to leave the hospital.

Courtney “Jerri” Winters

Macomb Deputy District Attorney Emil Semaan said the decision at least gives prosecutors a chance to “have their day in court.”

In a 2023 legal brief filed with the COA, Semaan argues that the fact that Lewinski was a hospital patient connected to machines does not mean he was in custody and not free to leave.

“The physical restraints imposed on the accused were independent of the two detectives and had no bearing on the physical restraints on which the court’s opinion relied in reaching its conclusion on this factor,” he said. writing. “The physical restraints invoked here by the trial court were independent of anything concerning the two detectives.”

In response to Druzinski’s comment that both detectives were armed, Semaan states, “Both detectives never touched their weapons in a manner related to physical restraint.” »

Semaan also notes that one of the detectives “asked the defendant if he was willing to talk for a few minutes, implying that the defendant could refuse.”

“A reasonable person would have felt free to end the meeting by refusing the detective’s request,” he said. “The defendant even commented on how much he ‘appreciated the detectives’ towards the end of his interview.”

Semaan also proposes that if the court decides that the pre-Miranda statements should be suppressed, he could admit them after being read his rights.

Macomb County Circuit Judge Diane Druzinski speaks from the bench in 2023.MACOMB DAILY PHOTO

“The defendant was properly read by Miranda, he signed a waiver form, continued to speak to both detectives and the statements were neither involuntary nor coerced,” he says.

Semaan said he would submit a new brief before the July 18 deadline. Lewsinski’s attorney, Elisha Oakes, will have three weeks to respond.

At that point, the court will likely schedule oral arguments, according to Semaan.

Given that this is an interlocatory appeal, that is, before a trial or plea is entered, the court will likely seek to expedite its decision, he said. he declares.

The case remains “on hold” in circuit court.

Lewinski was hospitalized on July 26, 2021 after he was found wandering wearing only his underwear near his home at Crosswinds Condominiums off Hayes Road near 17 Mile Road. Winter’s decomposing body was discovered the next day on a tarp in a basement bathroom.

Lewisinski told police detectives that he strangled Winters during an argument at his home a few days before Christmas 2020, after they broke up about a month earlier. Winters told her she had an abortion and slapped Lewinski when she may have discovered upsetting information on his phone, prompting him to respond, police say.