Still Missing MI - Danielle Stislicki, 28, Southfield, 2 Dec 2016 *ARREST* #16

Have not posted this in quite awhile - so it is a bit long - but I will now shorten it up!


Tuesday, Sept. 12th:
*Case Call Hearing (Appeal) (@ 10am ET) - MI - Danielle “Dani” Stislicki (28) (last seen Dec. 2, 2016 leaving work, Southfield, not found) - *Floyd Russell Galloway, Jr. (29 @ time of crime/32/now 36) charged (9/11/19) & indicted (3/4/19) & arraigned (3/6/19) & re arraigned (9/19/19) with 1st degree premeditated murder. Plead not guilty. Bond denied-Held without bond.
Trial was set to begin on 11/28/22 continued with no further dates.
Information & court hearings from 11/21/17 thru 9/22/22 reference post #945 here:
https://www.websleuths.com/forums/t...outhfield-2-dec-2016-15-arrest.432846/page-48

9/27/22: Motion praecipe filed for hearing on 10/19/22. 10/5/22: MiFile proof of service filed (3). People's response filed to Motion to Suppress/Quash. 10/14/22: Notice of hearing filed. Request/Notice-Film/Media coverage filed. 10/18/22: Request/Notice-Film/Media coverage filed.
10/19/22 Update: Defense Motion to Suppress: Attorney Ellen Michaels argued on behalf of Galloway Jr. on Wednesday in the motion hearing claiming that her attorney-client privilege has been violated because of information shared to the police. Tuesday was the first court appearance since Aug. 17, 2022 when his attorneys were denied a request to view more evidence. Judge Phyllis McMillen ruled that all relevant information had been turned over to both the defense & prosecution. The topic of Wednesday's hearing is regarding privileged information that Galloway's attorney claims was inappropriately shared, specifically a lie detector test that was shared between government agencies. Michaels argued on Wednesday that information being shared between law enforcement officials had violated Galloway's due process - an allegation that stems from the discovery of several search warrants that had been executed in relation to Galloway. She argues that her attorney-client privilege was in jeopardy because of a lie detector test that was done & shared with Troy Police Chief Gary Mayer, who then shared it with Farmington Hills Police. Order filed: Hold defendant. After hearing arguments from Michaels, as well as Assistant Attorney General Danielle Russo Bennett who is prosecuting the case, McMillen said she will make her decision by next week. Both sides said they will file with the Court of Appeals if the judge’s ruling doesn’t go their way, but for now the trial is scheduled to start on 11/28/22.
10/26/22: Proceeding to be held in-person. Trial date changed from 11/28/22 to 3/28/23 @ 8:30am. Adjourn for investigation/discovery.
11/17/22 Update: Judge Phyllis C. McMillen has ruled to suppress key evidence in the murder case because of how it was obtained. The decision to suppress the evidence surrounds attorney-client privilege. Galloway allegedly made an admission to the person who was conducting a lie detector test on behalf of his then-attorney. That alleged admission made its way back to investigators, who used the information to seize key evidence in the case. Because of how it was obtained, that evidence will not be presented during Galloway’s murder trial. The judge concluded that police intentionally intruded on the privileged relationship & used the information to locate & seize evidence. The judge said, “the court finds the actions of the government were outrageous.” During the test, Galloway allegedly admitted to the murder, stating Stislicki’s body was wrapped in a brown & beige comforter, revealed what he had done with Stislicki’s keys, Fitbit & phone, and provided details about a taxi cab ride he took afterward. As for evidence seized from search warrants that were based on the privileged information, Judge McMillen directed attorneys from both sides to submit analyses of the warrants & evidence seized. She said she’ll then decide if there was probable cause for the search warrants without the privileged information.
11/22/22: MiFIle proof of service filed. Motion filed stay open & Order//PLF. 12/7/22: MiFile proof of service filed. 12/8/22: Order filed Grant Motion to stay proceedings. Final disposition. 12/8/22 Update: Case disposed. The Judge Ruled in December to suppress the evidence because of how the evidence was obtained by LE. The AG appealed the ruling because they lost, therefore the case gets disposed at the Circuit Court & goes to the Appellate Docket until the appeal process is complete & then back to circuit for trial. 2/9/23: Order filed COA. Either a motions hearing or trial is set to begin on 3/28/23.
for case CO #364083: 11/16/22: Order Appealed. Nature of case: Motion to Suppress evidence-granted by Judge Phyllis C. McMillen, Case #2019-272265-FC. 12/8/22: LCI Order: Motion for Stay-Granted. 12/29/22: Application for Leave to Appeal-Criminal by attorney Ellen Michaels. 2/7/23: Submitted on Motion docket: App. for leave to appeal. 2/9/23: Order-Application-granted. 2/17/23: Motion: Exted time-appellant by Scott Robert Shimkus. Extended to 4/6/23.
4/4/23 Update: Judge Phyllis McMillen ruled Wednesday to suppress evidence against an accused murderer, concluding that allowing it would violate the accused due process rights. Prosecutors will not be able to use information from & evidenced seized as a direct result of a lie detector test given to Galloway by his defense team as part of the investigation into the disappearance of Danielle. Evidence seized from search warrants "that contained or (were) built upon the privileged information" will be determined at a different time. Judge McMillen denied without prejudice defense attorney Ellen Michaels' motion to have the case against Galloway dismissed entirely. 4/6/23: State’s appellant motion on ruling of suppressing evidence.
Appeal case: 4/18/23: Motion: Extend Time - Appellee. 4/25/23: Submitted on Administrative Motion Docket. 4/26/23: Order: Extend Time - Appellee Brief-Grant. 5/25/23: Brief: Appellee. Noticed. 5/31/23: Correspondence Received. Correspondence Received.
6/1/23: Electronic Record Filed. Murder: 5/26/23: Notice filed request for file COA-Order Document. 5/31/23: Sent to COA/FTP/KK. 6/14/23: Appeal: Brief reply. 8/8/23 Update: Appeal case: Scheduled on Case Call on 9/12/23 @ 10am for oral arguments before Judges Michael F. Gadola, PJ, Mark J. Cavanagh & Kirsten Frank Kelly, JJ.
 
Nothing on the appeal site - I don't expect any resolution anything soon.

On the Oakland court site - though - his case is no longer accessible. So do not know "what" happened to that...
 
Yea and related items. The polygraph guy and chiefs Mayer and Nebus and the Oakland county prosecutor should all be held accountable.

Actually - from the link I post below - it looks like it is the other way... from the way I am reading this. NO?

9/21/23 Update: Opinion (#41)-per Curiam-unpublished. Panel: Michael F. Gadola, Mark J. Cavanagh & Kirsten Frank Kelly. Affirmed but remanded.

from link:
In this interlocutory appeal, the prosecution appeals by leave granted an order suppressing evidence derived from a tip that was communicated to the Farmington Hills Police Department in
violation of defendant’s attorney-client privilege and right to due process. We affirm.
Although the prosecution does not challenge the trial court’s finding regarding the final part of the Voigt test, it is readily apparent that the trial court did not err by concluding that the government misconduct resulted in actual and substantial prejudice to defendant. See id. at 401. While it is true that defendant was already suspected in Stislicki’s disappearance before the tip came in on December 9, 2016, that was principally because he was the last person seen with her, there was evidence suggesting that she was in his home, and defendant appeared nervous and lied about his whereabouts when he was questioned.
That said, we agree with the prosecution that the trial court’s ruling regarding the extent of evidence to be excluded was over expansive as it relates to two categories of evidence: Stislicki’s cell phone and “forensic data retrieved therefrom.”
Such evidence should not be excluded on the basis of the due-process violation at issue in this appeal. We therefore remand for the trial court to amend its opinion and order accordingly. In all other respects, we affirm.
We do not retain jurisdiction.


link: https://www.courts.michigan.gov/4a7.../final/coa/20230921_c364083_41_364083.opn.pdf


link: https://www.courts.michigan.gov/c/courts/coa/case/364083
 
Actually - from the link I post below - it looks like it is the other way... from the way I am reading this. NO?

9/21/23 Update: Opinion (#41)-per Curiam-unpublished. Panel: Michael F. Gadola, Mark J. Cavanagh & Kirsten Frank Kelly. Affirmed but remanded.

from link:
In this interlocutory appeal, the prosecution appeals by leave granted an order suppressing evidence derived from a tip that was communicated to the Farmington Hills Police Department in
violation of defendant’s attorney-client privilege and right to due process. We affirm.
Although the prosecution does not challenge the trial court’s finding regarding the final part of the Voigt test, it is readily apparent that the trial court did not err by concluding that the government misconduct resulted in actual and substantial prejudice to defendant. See id. at 401. While it is true that defendant was already suspected in Stislicki’s disappearance before the tip came in on December 9, 2016, that was principally because he was the last person seen with her, there was evidence suggesting that she was in his home, and defendant appeared nervous and lied about his whereabouts when he was questioned.
That said, we agree with the prosecution that the trial court’s ruling regarding the extent of evidence to be excluded was over expansive as it relates to two categories of evidence: Stislicki’s cell phone and “forensic data retrieved therefrom.”
Such evidence should not be excluded on the basis of the due-process violation at issue in this appeal. We therefore remand for the trial court to amend its opinion and order accordingly. In all other respects, we affirm.
We do not retain jurisdiction.


link: https://www.courts.michigan.gov/4a7.../final/coa/20230921_c364083_41_364083.opn.pdf


link: https://www.courts.michigan.gov/c/courts/coa/case/364083
Your highlights in red refer to the cellphone that was never recovered. The only thing they are saying to keep is a record of data retrieved. All the other evidence and items attached should be suppressed.
 
Your highlights in red refer to the cellphone that was never recovered. The only thing they are saying to keep is a record of data retrieved. All the other evidence and items attached should be suppressed.

Okay - Thanks! :)
 
@Niner , you are the best!

Darn it, this case has been dragging on forever!

I very much feel for Dani's Family and Friends.

JMVHO.
FG probably doesn't care about his right to a speedy trial, but it's coming up on seven years since Danielle disappeared. Her family has waited much too long for justice. This is ridiculous! JMO
 
FG probably doesn't care about his right to a speedy trial, but it's coming up on seven years since Danielle disappeared. Her family has waited much too long for justice. This is ridiculous! JMO
In reviewing the case, unfortunately the actions of the LE,PE and others etc have caused the delay and now to suppress the evidence will take time and will have reaching implications.
 
SOUTHFIELD, Mich. – A Michigan court has ruled that some evidence gathered against the suspect in the death of Danielle Stislicki can’t be used.

It’s a major blow to the prosecution and a huge win for Floyd Galloway, the former security guard charged with Stislicki’s murder...

Stislicki’s keys, Fitbit, the security footage and testimony that put Galloway in the area cannot be used.

Records from Stislicki’s phone are admissible because the records were obtained from a search warrant before the lie detector operator shared what he heard with police...
 
Last edited:
The Michigan Court of Appeals has upheld a lower court's decision to suppress evidence against the accused murderer of Danielle Stislicki, 28, of Farmington Hills, according to an unpublished opinion released late last week.

Oakland County Circuit Court judge Phyllis McMillen previously ruled that prosecutors could not use any evidence against the accused, Floyd Galloway, that was seized as a result of a lie detector test given to him by his defense team.

In a Thursday ruling, Court of Appeals judges Michael Gadola, Mark Cavanagh and Kirsten Frank Kelly agreed with McMillen's findings that Galloway's attorney-client privilege and thus his right to due process was violated when a former FBI agent and polygraph operator for defense attorneys shared privileged information with law enforcement. Law enforcement then used the information to obtain search warrants and gather evidence against him...
 
I just saw the news this morning. I hope they can use the evidence after taking it to a higher court. Does anyone know if this also includes the taxi drivers testimony? I assume the Tim Horton’s video would be thrown if this stands.
 
Wonder if they'll take it to a higher court.
^ Next step would be Michigan Supreme Court. Notoriously slow. Months more delay in getting this case to trial.
It would be foolish for the AG to go to the SC. They’ve already lost twice for solid legal decisions. Their arguments don’t even make any relative legal sense. There is no way to undo what the PE and Police have done. They all did an excellent job of outrageous police work and lawyering.
 
Does anyone think the polygraph examiner will face consequences? What agency holds him and the chiefs responsible? Is this even a thing
 

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