GUILTY UT - Michele MacNeill, 50, found dead in bathtub, Pleasant Grove, 11 April 2007 - #2

[minor4th]

Toxicology expert

Yuck.

 

[TorisMom003]

My husband is a physician. He treats a number of our friends. Unless they tell me they saw my husband and for what, I have no clue they were even there or the reason why. That is how it should be. My best friend had a cancer work up and I had no clue. I found out 2 years later when she mentioned it to me. My husband was her referring physician and had all the reports and spoke to all her doctors. No clue.

Although Martin MacNeill is a physician, he is bound by the same ethics my husband is. That info is off limits. Rachel's medical records were IMO off limits just as your and mine should be. MacNeill is a . And yes, that is my personal and professional opinion....

BBM

Martin's past proves that his name and ethics do not belong in the same sentence, lol. This man has no use for ethics if he wants something. If someone will lie to get into medical school, then we really can't expect them to be honest and ethical when dealing with patients.

MOO

 

[CUCKOOHEAD]

While I agree that Alexis may have influenced Ada, the truth is that children often recall troubling events as time progresses. A young child has a built-in protection against very troubling recollections which may return over time as the child (and psyche) matures.

Case in point is Elizabeth Smart's young sister. She was unable to describe the man who kidnapped her sister until several months after the event occurred.

While the judge cited a great deal of prior case law, I think he seriously erred in his conclusion. If Ada's direct testimony is inaccurate, it should be impugned during the trial thru cross.

I agree. I think the Judge interjected his personal impressions and allowed them to dictate his decision instead of allowing the jury to decide. I had something happen when I was five or six that I didn't recall in vivid detail until years later. And no one coached me at all.

 

[Italy]

While I understand that Rachel is a wreck over the trial and the facts of the case, I hope if she is recalled to the stand she is able to collect herself a bit.

I hope and believe the jury will have found her to be a sympathetic witness, but if she continues to "fall apart" on the stand, it would be pretty easy for them to dismiss her testimony on the basis of it being overly emotional.

Specifically, the point she made about her father single-handedly carrying large sheets of drywall seemingly with ease was very important and serves to argue against his claim that he was physically unable to remove his wife from the tub. However, she was so agitated when she recounted this, it was less impactful.

The next time (if there is one), she should acknowledge the jury with a little nod as a way of communicating to them that she is going to do her best to remain collected and she should do her level best to do so.

Also, as unpopular as this comment may be, I think she should style her hair away from her face. The hair, which obscured her face, appeared almost a veil and it contributed to her looking a bit furtive.

 

[Zuri]

Minor, so glad you are here. I posted about some concerns I had regarding Rachel's medical records up thread. After reading them, would you mind giving us your legal take on it? TIA

 

[seattlechiquita]

This is why toxicology tests take so long, they send them to this guy lol

Best. Post. Ever. :floorlaugh:

 

[TorisMom003]

Does anyone think that Martin will take the stand in his own defense?

 

[CUCKOOHEAD]

This is why toxicology tests take so long, they send them to this guy lol

:floorlaugh:

Does anybody know what that guy said? In short, lay man's terms? Sounded like much ado about?

 

[minor4th]

Minor, so glad you are here. I posted about some concerns I had regarding Rachel's medical records up thread. After reading them, would you mind giving us your legal take on it? TIA

The Court can order the medical records turned over from the provider. It could also be that the records were in the MacNeill home and were seized as part of a search warrant - in which case the prosecution would have to turn them over the defense.

 

[Ina Cognito]

Does anyone think that Martin will take the stand in his own defense?

That's always just a guess really. In this case I see a sociopath and with them it's always very possible as they think they are smarter than others etc. But, a defense attorney will always advise a client not to take the stand so who knows. I don't really expect to see him on the stand.

 

[TorisMom003]

The Court can order the medical records turned over from the provider. It could also be that the records were in the MacNeill home and were seized as part of a search warrant - in which case the prosecution would have to turn them over the defense.

But why would the court order the medical records of one of the children to be turned over when the child is not on trial and has not been charged with any part of the crime?

 

[minor4th]

I think she looked at her papers and made it appear she had the records, hoping Rachel would say something good. jmo

She had them - she showed them to Rachel.

 

[Ina Cognito]

:floorlaugh:

Does anybody know what that guy said? In short, lay man's terms? Sounded like much ado about?

I was following him lol But, I have a semi working knowledge of what he was talking about. The jury? Oh hell no lol

 

[minor4th]

But why would the court order the medical records of one of the children to be turned over when the child is not on trial and has not been charged with any part of the crime?

When she testified in the pretrial hearing that she was diagnosed with bipolar, the defense could have asked for an order because that info can be used to impeach a witness. I don't know if that's what happened, but it's possible.

 

[TorisMom003]

That's always just a guess really. In this case I see a sociopath and with them it's always very possible as they think they are smarter than others etc. But, a defense attorney will always advise a client not to take the stand so who knows. I don't really expect to see him on the stand.

Hubby and I were talking about this a couple of days ago. I'm not sure if I think he will take the stand or not. I think if Martin follows his lawyers advice he won't, but I also believe that Martin thinks he is the smartest man/person in the room and might just decide to ignore his lawyers and do it anyway. I would love for him to just go ahead and do it though.

 

[CUCKOOHEAD]

With Martin's history of fraud it would not surprise me in the least to find out that he had notified the hospital that he was Rachel's doctor and needed the information so that he could use it to his own benefit during his trial or as blackmail, depending on which would better help him.

MOO

MacNeill probably showed up there in his white lab coat. That coat came in handy...

 

[scorekeeper]

Did marty testify in any of his previous trials?

 

[SuziQ]

How did they have access to her records? Unless released by her, no one else should have access. That information is protected by law. This thought is scary. What I basically understood from that exchange, is that any time for any reason, you visit your physician, psychologist, ER etc, that info can be obtained and used against you.

I am probably missing something. I find this frightening and hope this is not a normal occurrence.

BBM. This is absolutely true and common! Your medical and psych info is not protected in court as we think it is. I personally went through this as a plaintiff in my husband's med mal wrongful death suit. During pre-trial depos I inadvertently disclosed that I received grief counseling. All an attorney has to do is make a good enough argument to a judge and a judge will allow access to your medical and psych records. Scary isn't half of it. I suspect this scenario is how Rachel's info came into trial yesterday.

 

[Bravo]

Just tuning in. Still reading posts.

I think that was actually a great ruling by the judge on Ada's testimony. A perfect way to handle it.

What witness are we on?

Agree

 

[CUCKOOHEAD]

Does anyone think that Martin will take the stand in his own defense?

No. Macneill displays some very unappealing traits IMO. The clenching of his jawbone and his darting eyes. Remember how he sounded on the 911 calls? Hostile and condescending? I would anticipate his arrogance would rear up if on the stand.