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Slaying Suspect's Detention Fought

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Parent Issue
Day
23
Month
July
Year
1975
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Donated by the Ann Arbor News. © The Ann Arbor News.
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Slaying Suspect’s Detention Fought

BY WILLIAM B. TREML

News Staff Reporter

YPSILANTI — In what is believed to be a “first” in local criminal law a writ of habeas corpus will figure in a District Court examination on Thursday.

The habeas corpus proceeding is a writ requiring police agencies to bring a prisoner before a judge to determine if he is being legally held.

Clair E. Paulson, an Ann Arbor attorney, obtained such a writ Tuesday in behalf of his client, Ronald McCullough, 27-year-old Detroiter charged with felony murder in the slaying July 11 of Ypsilanti Patrolman Douglas Downing.

McCullough is one of three Detroit residents arrested and charged on the felony murder count, a state statute for murders committed during the commission of a felony. Downing, 37, was shot to death when he surprised three bandits inside the National Bank of Ypsilanti branch at 300 E. Michigan Ave.

McCullough is scheduled to appear Thursday morning before 14th District Court Judge Thomas F. Shea for the start of his examination on the felony. In an unusual move Tuesday Paulson obtained the writ of habeas corpus and asked Circuit Court Judge William F. Ager Jr. for a ruling.

In the writ Paulson listed seven “alibi” witnesses whom he said could prove that McCullough was in Detroit at the time of the robbery of the Ypsilanti bank.

“It’s the simple fact that a person cannot be in two places at the same time,” Paulson said. “The witnesses will testify to my client’s whereabouts at the time of the crime.”

Usually habeas corpus proceedings are filed only when authorities are holding a suspect without arraigning him on a formal charge. McCullough was arraigned before Judge Shea on the felony charge last week and his examination date set at that time. However Paulson said the availability of the “alibi” witnesses made it advisable to seek his freedom by habeas corpus.

Judge Ager, after receiving the writ from Paulson Tuesday, contacted Judge Shea and a brief conference between the judges was held. Judge Shea said he would permit Paulson to place the "alibi” witnesses on the stand during Thursday’s examination. Defense witnesses are rarely called in a preliminary examination, such testimony usually appearing later in the Circuit Court, trial of the accused.

Prosecuting Attorney William F. Delhey said the presentation of the "alibi” witnesses at the examination will not alter his plans for that proceeding. He said he will call to the witness stand several of the same witnesses who testified in the examination last week of Howard Hughes III. Hughes, 29-year-old former Eastern Michigan University student, was bound to Circuit Court on the felony murder charge. Police say he was the driver of the getaway car in the bank robbery.

Neither Paulson nor Delhey said they were aware of an attempt by Wayne County authorities to have McCullough appear today at a trial of Detroit police officers charged with trafficking in drugs. Ypsilanti police said Tuesday it was their understanding that McCullough had been called as a prosecution witness in the trial involving Detroit officers from the 10th Precinct.

"The defendant is scheduled for the Thursday examination in Ypsilanti.” Delhey said. “I don't anticipate any delay in that. If Wayne County is in need of him as a witness and a subpoena is issued for him something may be worked out.”

Paulson said Tuesday testimony by the witnesses he intends to call Thursday should remove the “probable cause” for holding McCullough on the bank robbery-murder. He said on July 11, the day of the slaying, McCullough was in Recorder’s Court in Detroit and later had a tire repaired on his 1971-model car at a garage.

“We have witnesses which cover the time of the robbery,” Paulson said.

The defense attorney is expected to place on the stand a total of seven “alibi" witnesses.