polo style shirts Holdaway set for second trial
CADILLAC A little flash. A little pizzazz. A little “Did that really just happen?!?!?” And a whole heckuva lot of Buckley fans and players going wild. Midway into the fourth quarter of Wednesday’s Class D regional title bout at Cadillac High School, Buckley’s Denver Cade picked the pocket of Mt. Pleasant Sacred Heart’s Brendan Zeien at the Irish’s 3 point line. The senior Bear took two steps, flung the ball 60 feet to Austin Harris, who skied to snag it above the rim with his arms fully outstretched. The ball’s momentum carried a falling Harris backward out of bounds, but somehow he still managed to tip it back to a trailing Joey Weber for the easy layup. Sure it was just two points, but the play was the dagger that pierced the heart of the Irish (18 6) as the Bears (19 5) went on to a 66 44 win and a second consecutive regional championship.
TRAVERSE CITY A second child abuse trial against Dustin Holdaway will go forward without an expert witness that a defense attorney hoped could help rebut accusations of child abuse against Holdaway.
Thirteenth Circuit Court Judge Thomas Power on Tuesday denied a motion by Holdaway’s attorney, Stephen Kane, that would delay the trial. That means Holdaway, 33, of Grawn, will stand trial starting Thursday on charges of torture and child abuse.
Holdaway’s first trial in October covered accusations he put a boy, then 21 months old, in a clothes dryer and turned it on. But jurors couldn’t reach a verdict and Power declared a mistrial, prompting prosecutors to reopen the case.
Kane last week filed a motion that indicated he’d revisit his trial argument that the toddler’s mother sleepwalked and involuntarily hurt the child. He hoped the court would appoint a psychiatrist, but Power on Tuesday denied the motion.
“I’m prepared without that,” Kane said after the hearing.
The case began after the young boy developed honeycomb patterned burns, peeling skin and bruises. Investigators later linked the child’s injuries with a clothes dryer and implicated Holdaway.
Grand Traverse County Chief Assistant Prosecutor Noelle Moeggenberg told Power that Kane’s motion was similar to another one Power denied before the first trial. She acknowledged Holdaway testified to the woman’s sleepwalking, but she noted other witnesses didn’t support it.
Holdaway’s claims alone weren’t enough to justify bringing in an expert, Moeggenberg said.
Kane argued in his motion that Gerald Shiener chief of psychiatry at Sinai Grace Hospital in Detroit could help explain sleepwalking, how the consumption of drugs and alcohol could affect it, and whether the woman did sleepwalk. He said in the hearing that Shiener couldn’t give more information about his testimony without first being paid.
That put Holdaway in a “Catch 22” situation because he doesn’t have the money, Kane said. His motion requested the court pay for Shiener and adjourn the trial so Shiener would have time to research the case.
But Power found Kane didn’t explain how exactly Shiener would help the defense. He noted the motion lacked specifics about Shiener’s work relating to sleepwalking.