Kinville files motion for discovery, trial suppression
Michael Kinville, 23, was arrested on charges of assault by strangulation and domestic violence on May 30.
Former Central Michigan University football player Michael Kinville was scheduled for a motion hearing Sept. 24 for two different motions filed by his attorney.
Kinville faces assault by strangulation and domestic violence charges after police say he choked his girlfriend May 30 inside an apartment at Deerfield Village. His trial is set for Nov. 2.
At the motion hearing, Kinville's attorney Daniel O'Neil motioned for discovery of complainant Joslyn Seger's medical records and a motion to suppress the trial so he can gather more information for Kinville's case.
At a preliminary examination in August, Seger said she was strangled by Kinville in an apartment at Deerfield Village Apartments. After suffering from bruising and soreness, Seger went to Urgent Care in Mount Pleasant. O'Neil requested the records from this appointment and the statement Seger gave to the doctor so he can have it analyzed by a forensic pathologist.
O'Neil also alleged that the arresting officer, Isabella County Deputy Thomas Szidik, did not have the right to go into the apartment. Seger called the police on May 30, the night of the alleged assault, and told Szidik that Kinville was inside the apartment where he had been staying with friends for a few weeks. Seger had already been inside the apartment. The deputy entered the apartment to question and eventually arrest Kinville.
Robert Holmes, Isabella County Prosecuting Attorney, said Seger's medical records are protected by HIPPA, and the defense is not entitled to see them. He also said a third party person who seems to have the authority over a residence can invite the police inside.
The defense attorney responded, saying his medical expert needs to see the record to find out if Seger's injuries were consistent with strangling, or if they were consistent with Kinville, who is 6'3 and about 210 pounds, trying to fend off Seger, who is 5'1 and about 110 pounds.
Chief Judge Paul Chamberlain said the court will consider the motions and he will issue a written opinion.
