Ricky Holland Vanished

I wondered how the case against Tim and Lisa Holland could be prosecuted because they are married to each other. I was always under the impression that there is a protection against a husband or wife testifying against each other in court. It appears from what I have found that there has been at least one case that went to appeal that was upheld when the appeal argument was the wife had testified against the husband.

The case is TRAMMEL v. UNITED STATES. Basically, the husband, wife and some acquaintances smuggled drugs into the United States from the Philippines and Thailand. The first shipment from the Philippines went off without a hitch. The wife then flew to Thailand to obtain the additional shipment of drugs to transport back to the United States. It was while she was going through Customs on the return trip that the drugs were discovered on her person. She discussed the situation with DEA officers and agreed to cooperate with the investigation.

She, her husband and severak other persons were charged with drug smuggling or other charges related to the crime. The wife agreed to testify against her husband in exchange for leniency. The conditions under which the wife could testify against her husband was limited to actions she had observed performed by her husband and discussions between her husband, herself and a third party. Communications between herself and her husband were considered private and privileged and not open to scrutiny. Although this was a federal case I believe that the precedent would be held up in the State court.

Today, according to a story in the Lansing State Journal, District Court Judge Rosemarie Aquilina ruled that statements made by Tim Holland to police that implicated his wife in Ricky’s death and led investigators to his body are inadmissible as to both defendants. The judge went on to say that the statements can only be used to question Tim Holland’s credibility. She said that the prosecution will have to present evidence in order to prove Tim Holland guilty of murder not just his statement. The prosecutor did not seem surprised with today’s decision and indicated that he will be adding charges of child abuse to the murder charges.

The prosecutor indicated that Tim Holland was less than truthful and that is why the plea agreement fell through.

Anything I have read regarding the confession appears on the surface to be pretty straight forward.

Lisa Holland struck Ricky twice with a hammer on the head. When it was determined that Ricky was dead, at Lisa’s direction Tim staged the bedroom to appear as if Ricky had run away and he disposed of the body. He led detectives to the body. I do not know what else he could have left out. He witnessed the murder, covered it up and filed a false police report.

I guess with today’s decision the autopsy results will be a very important piece of the puzzle.
According to Sherriff Wrigglesworth the results of that autopsy is supposed to point to the murderer.

Sources

Findlaw.com: U.S. Supreme Court TRAMMEL v. UNITED STATES, 445 U.S. 40 (1980)

WILX: Holland Statement Suppressed

Lansing State Journal: Judge: Tim Holland’s statements to police are inadmissible

According to today’s Lansing State Journal a motion was filed by Tim Holland’s attorney to suppress parts of his statement made to police about the circumstances of Ricky’s death.

Tim Holland’s attorney claims that prosecutors have backed out of a plea deal agreement made at the time of Tim Holland’s statement in exchange for information surrounding Ricky’s disappearance and death.

Prosecutors claim that there never was a guarantee of a plea agreement.

From www.lsj.com:

The motion filed by Tim Holland’s attorney, Frank Reynolds, contends that after prosecutors came to believe Tim Holland was not being truthful, they rescinded the deal and indicated they plan to use his statements as evidence against him.

Reynolds said prosecutors have not produced any evidence showing his client has been untruthful, according to the documents.

Dunnings disagrees. “The statements (Tim Holland) made were not completely truthful,” he said.

According to the Ingham County Government web page the Sheriff and the Prosecuting Attorney, among others are elected to four year terms. I don’t know if this is an election year or not but I believe given the circumstance of Ricky’s death and the aftermath of what has come to light regarding continued abuse of the other children in the Holland home, it would be political suicide for the Prosecuting Attorney to agree to a plea deal of any kind for either Tim or Lisa Holland.

The people of Michigan are outraged at what has happened. I believe a plea deal would cause further outrage and distrust.

A public trial is important and necessary so that all of the facts can be told of what happened in the Holland home that allowed Ricky’s murder and allowed the continued abuse of the other children.

If I could travel to Michigan I would attend each and every court appearance scheduled. I believe it is important for the court to see a show of support for Ricky and the other children. It is also important for the prosecution to see that the community will not allow the secrecy that allowed the murder and abuse to continue.

Ricky and the other children deserve their voices to be heard, their truth needs to be told.