Judge denies defendant’s request for early release
Judge: Marcus McLean a flight risk despite COVID-19 outbreak in jail
A judge refused to free but slightly reduced the bond of a murder defendant who sought release from the Macomb County Jail jail due to a COVID-19 outbreak.
Judge Joseph Toia of Macomb County Circuit Court on Thursday reduced Marcus McLean’s bond from $1 million to $750,000, cash or surety, in connection with the September 2019 shooting death of Derica Blessitt, 27, in her Warren home.
McLean’s attorney, Adil Haradhvala, asked the judge to free McLean and put him on house arrest “to ensure he stays locked up in a facility other than the county
jail where there is a spread” of the coronavirus.
But Toia said McLean is a flight risk, noting the seriousness of the charge, second-degree murder, and the fact that he has family who reside out of state.
“COVID is certainly a concern to all of us and I understand it is certainly a concern at the jail with the influx of individuals coming in or out of the facility,” he said. “(But) I have to balance those risks against the risk against the community at large.”
Sheriff Anthony Wickersham indicated earlier this week that 143 of the approximately 550 inmates at the jail had tested positive for COVID-19 after there were virtually no positive cases for several months.
Toia also noted other factors in Mclean’s favor: He has a clean prior record and served the country as a Marine.
Authorities say McLean went to Blessitt’s home near Hoover and Toepfer about 3 a.m. Sept. 29, 2019, seeking sexual activity with her. An argument ensued, and McLean held a gun to her head and fired, police said. Police were called by a third party. McLean initially fled but returned to the home and was arrested. Police said they recovered McLean’s 40- caliber handgun.
McLean, 36, was originally held without bond, and last May Toia set a $1 million bond in response to a request to set a bond by McLean’s former attorney.
Toia also scheduled a Jan. 23 trial, but that is tentative because the case may be resolved without a trial, and a jury trial may not be allowed at that time anyway due to the pandemic.
Toia said the trial date is a “backup” because his court is second priority for trials that week among the four courtrooms on his floor in the county courthouse in Mount Clemens.
To protect against the spread of the coronavirus, once jury trials are allowed, court administrators will allow only one jury trial per floor of the six-floor structure, with judges alternating weeks to be the first and second priority for trials, according to Toia.
Jury trials have not been held in the courthouse since the pandemic took hold in the county in March.
Toia also issued an order this week partially denying McLean’s requests to have his statements to police removed from the case. He indicated his first interview remains admissible and threw out a second interview with police.