A motion to disqualify the prosecutor from the case against a man accused of killing a child in Port Huron Township eight years ago failed Monday, March 2.
Defense Attorney Jerome Sabbota, who is representing Maurice Houle, the man accused of killing 3-year-old Matthew Maison in 2018, had filed a motion to disqualify St. Clair County Senior Assistant Prosecutor Joshua Sparling from the case.
Sabbota said he considered calling Sparling as a witness regarding how Houle was questioned on April 11 just before his arrest, but St. Clair County Circuit Judge Cynthia Lane rejected the motion, finding other witnesses could testify regarding the questioning.
Before the motion was discussed at Monday’s hearing, the lawyers reached an agreement on how statements Houle made during an interrogation on April 11 could be used in court. Both Houle and his co-defendant, Amanda Maison, were questioned regarding Matthew’s death, in which he was found dead in his bed by Houle’s mother with multiple injuries.
Sabbota had sought to suppress Houle’s statements to police, arguing that although Houle was told he had the right to an attorney he was not told he would be provided with one if he could not afford one.
Instead of holding a hearing to determine if Houle’s statements could be used, Sparling agreed he would not introduce evidence regarding Houle’s statements at trial. If however, Houle decided to testify, Sparling could use those statements to challenge his testimony, such as if Houle said something that contradicted his words during the April 11 interview.
Despite the agreement not to introduce Houle’s statements, Sabbota said Sparling should still be disqualified. Sabbota said he may decide to call Houle, and if the prosecution were to challenge his statements, Sabbota argued Sparling would be the best witness to testify about why and how Houle was questioned.
Sparling disputed Sabbota’s argument, saying there were always officers present who could testify about the April 11 interrogation in his place.
“I was never once alone with Mr. Houle. I made sure of that,” Sparling said.
Sabbota argued Sparling could object if he tried to call the law enforcement officers involved in Houle’s questioning, but Sparling agreed he wouldn’t.
Lane said given the presence of officers, there was no justification to disqualify Sparling from the case.
After the hearing the court and attorneys scheduled a trial date for Houle to begin at 9 a.m. June 23. a plea hearing was scheduled for 1:35 p.m. June 15.
Houle has been charged with felony murder, punishable with up to life in prison, as well as two counts of resisting or obstructing officers and one count of resisting or obstructing causing injury.
Amanda Maison entered a plea agreement Wednesday, Nov. 5 admitting to second-degree murder in her son’s death. She also agreed to testify at Houle’s trial. Her sentencing date has not been scheduled.
Contact Johnathan Hogan at jhogan@gannett.com.
This article originally appeared on Port Huron Times Herald: Judge denies motion to disqualify prosecutor in Matthew Maison case
Reporting by Johnathan Hogan, Port Huron Times Herald / Port Huron Times Herald
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