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New trial denied in 1995 Michigan murder

A Battle Creek, Michigan woman won't receive a new trial after the Michigan Supreme Court upheld her conviction in a 1995 Bedford Township, Michigan murder.

Hattie Mae Tanner, 43, had won a new trial in February from the Michigan Court of Appeals, but the state's highest court, in an opinion released Tuesday, reversed the lower court decision and upheld her murder conviction in the March 22, 1995, stabbing death of Sharon Watson, an employee of Barney's Bedford Bar at 100 N. Bedford Road.

"This is what we were looking for from the Supreme Court," Prosecutor John Hallacy said Tuesday. "We did not agree with the Court of Appeals rationale, and that was confirmed by the Supreme Court in this opinion."

The Michigan Court of Appeals had ordered a new trial for Tanner, saying Calhoun County Circuit Judge James Kingsley should have agreed to provide defense attorney John Sullivan with money to hire a DNA expert.

Kingsley had ruled against spending money for the DNA expert because prosecutors conceded DNA analysis excluded Tanner as the source of blood found on a sink and matching Tanner's blood type and sub-type.

But the Supreme Court in a 6-1 decision ruled the defendant must show there is a need for an expert to testify.

"It is not enough for the defendant to show a mere possibility of assistance from the requested expert," the court wrote. "Without an indication that expert testimony would likely benefit the defense a trial court does not abuse its discretion in denying a defendant's motion for appointment of an expert witness."

The justices said because the prosecution presented evidence that showed the DNA from the blood was not Tanner's, Michigan did not have to pay for an expert in DNA for the defense.

Hallacy said he was concerned that if the Appeals Court ruling stood, the case could have set a precedent for the entire state, requiring experts be provided for poor defendants even when they were not needed.

"If there is not a question, is an expert necessary?" Hallacy concluded.

Watson's body was found in an office at Barney's Bedford Bar, where she worked. Michigan police said $1,000 in cash was missing from the office.

At her sentencing, Tanner insisted she did not kill and rob Watson.

"I didn't kill that woman," she told Kingsley. "What am I going to say? They are taking my life for something I didn't do."

Tanner had testified she was at home the night of the slaying, smoking crack cocaine.

But Battle Creek, Michigan police testified that Tanner was a suspect early in the investigation and that she identified a knife, with a notched tip, found at the scene, as hers.

Tanner is serving her sentence of life without parole at the Robert Scott Correctional Facility in Wayne County, Michigan.


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