NEWS

Defense fights for more information in Craig Wood case

Stephen Herzog
SHERZOG@NEWS-LEADER.COM

A judge on Monday did not agree with a defense motion that statements made by Craig Michael Wood — the man accused of kidnapping and murdering a 10-year-old Springfield girl — be thrown out.

However, the issue could resurface during a Thursday preliminary hearing.

Prior to Monday, Wood's attorney, Patrick Berrigan, asked that all statements Wood made to police, both written and oral, be suppressed.

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The defense also has asked that more evidence about the case be provided to the defense.

Wood's attorney wrote in the defense motion about the statements that Wood was suffering from "intoxication, emotional turmoil and psychological instability" when arrested.

Wood is charged with murder, armed criminal action and child kidnapping in the death of Hailey Owens, who was abducted from her neighborhood on Feb. 18 and found dead hours later.

Berrigan, an assistant public defender from the state's capital defense division, wrote that statements Wood made to police were coerced and that Wood wasn't properly advised of his Miranda rights.

Police give Miranda warnings to suspects they have in custody before they question them, telling suspects they have the right to remain silent and anything they say can be used against them in court.

On Monday, Prosecuting Attorney Dan Patterson said he doesn't intend to use Wood's statements as evidence in the preliminary hearing.

Berrigan raised concern that Patterson might "change his mind" and use the statements Thursday.

Judge Mark Powell indicated Berrigan would be able to object at that point.

On another front, the judge is expected to decide within about the next 24 hours if four police officers called as witnesses for Thursday's hearing must bring reports Berrigan has requested.

Patterson said all four officers subpoenaed will be in attendance whether or not they're called to testify.

In a case that's brought intense public focus and could potentially lead to the death penalty, attorneys are considering every detail of the case. Among the discussions Monday was the manner in which Springfield police officers are subpoenaed.

Typically, subpoenas must be served in person, but because the state wishes to conceal home addresses of police officers in early stages of a case, subpoenas for officers are taken to a specific employee at the police department and then distributed to the officers.

Powell found an error. He noted the subpoenas given to officers included the name of a former Greene County circuit clerk, Michael Carr, and not current Circuit Clerk Steve Helms, who unseated Carr six years ago.

There was a delay in the start of Monday's hearing so jailers could bring Wood to court. Berrigan has requested Wood be present, in street clothes, for every hearing — which is somewhat uncommon, at least in Greene County. Jailers were apparently not prepared to bring Wood to court Monday, and the hearing started about 90 minutes later than expected.

Hailey's body was reportedly found in two garbage bags inside a plastic storage tote in Wood's basement, which smelled of bleach.

Wood remains scheduled for the preliminary hearing Thursday. At those type of hearings, a judge hears evidence over whether authorities have probable cause to justify charges and to have those charges continue in the judicial system.

Who's visiting the suspect?

As of late March, Craig Wood had been visited in jail nine times. Six of those were by public defenders, either Chris Hatley from the Greene County Public Defenders Office or by his current attorney, Patrick Berrigan, from the state's capital defense department.

He was also visited three times by his parents. The first time, his parents' attorney, Joseph Passanise, was also present, but the other times his parents came alone, according to visitation records.

Records obtained by the News-Leader only went up to March 28.