After hearing arguments from attorneys on Monday, 4th District Judge Derek Pullan took the matter under advisement.
Pullan said he would likely need 60 days to mull over the information. The Daily Herald reported that the judge felt it was a "clear error" that an affidavit was filed by prosecutors before trial in which they claimed the inmate was offered no special benefit. Prosecutors claimed they didn't know before trial that the inmate's attorney had requested a letter recommending an early release, and that a Utah County Attorney's Office investigator had agreed to write one, the Daily Herald reported.
During Martin MacNeill's four-week trial, the inmate, who was only identified as Inmate #1, testified about the former doctor's alleged confession and also testified that he understood that he would not receive a deal or early release for his testimony, as state prosecutors have no jurisdiction over federal inmates.
However, defense attorney Randall Spencer wrote in the motion that Inmate #1 has since been released from federal prison, ahead of his expected 2016 release date. Spencer wrote that he received more evidence in the form of emails and phone conversations in early December from federal authorities, which imply that the federal inmate did in fact believe his testimony in the MacNeill trial would grant him early release.
Spencer further accused the Utah County Attorney's Office of failing to disclose that a deal was in the works for the inmate, pointing to a letter sent by UCAO investigator Jeff Robinson to a United States Attorney that said Inmate #1 was "a very important witness" in the MacNeill case and recommended and encouraged leniency for early release. Spencer argued that this evidence could have been used to discredit the inmate's testimony at trial.
But in their written response, prosecutors claimed that no "secret deal" had been planned, and implied that the inmate may have been released, in part, due to concerns for his safety after Spencer apparently inadvertently addressed the inmate by name during the trial, which was being broadcast live by CNN.
Deputy Utah County Attorney Chad Grunander wrote in his response that after the trial, Robinson wrote a letter of recommendation for all four federal inmates who testified, each letter stating that the inmate was an "important" witness in the case. Grunander chalked up claims of a "secret deal" to a "conspiracy theory."
Though other inmates testified during Martin MacNeill's trial, Inmate #1 was the only one who testified that MacNeill told him specific details about how he allegedly murdered his wife. Without that testimony, Spencer argued that prosecutors failed to prove that 50-year-old Michele MacNeill died due to the actions of another. Because of this, Spencer asked the judge to dismiss to the case, or alternatively, grant a new trial.
Meanwhile, MacNeill will be in court later this week for a two-day trial related to a forcible sex abuse case, where the former doctor is accused of putting his hands down an adult female relative's pants in 2007.