In a significant legal twist, the Michigan Court of Appeals has ruled that crucial evidence in a prominent murder case cannot be used against the defendant. This decision stems from the evidence's origin, which came from an expert hired by the defendant's former lawyer, thereby infringing upon attorney-client privilege.
The case involves Floyd Galloway, Jr., a 36-year-old facing a charge of premeditated first-degree murder in connection with the December 2016 abduction and murder of Danielle Stislicki, a 28-year-old whose body has never been recovered.
The prosecution has been dealt a substantial setback as several pieces of circumstantial evidence have been excluded from the court proceedings.
Floyd Galloway had long been a suspect in the case, and murder charges were officially filed against him in March 2019, following the involvement of Michigan Attorney General Dana Nessel.
The Farmington Hills Police Department had initially identified Galloway as a person of interest due to his previous role as a contracted security guard at the MetLife building, where both Danielle Stislicki and her mother worked. Furthermore, Galloway was reportedly one of the last individuals seen with the victim before her disappearance.
In late 2016, Galloway took a lie detector test, on advice from his then-counsel. The polygraph examination was administered by former FBI agent James Hoppe. Afterward, Hoppe, evidently troubled by his findings, contacted then-Troy Police Chief Gary Mayer and shared crucial information about the case.
This information, highly detrimental to Galloway, was subsequently conveyed by Chief Mayer to Farmington Hills Police Chief Charles Nebus. Nebus documented the details on a tip sheet during their conversation.
The tip provided information about Galloway's alleged involvement, stating that he drove the victim's car from his residence to her apartment, then walked to a nearby Tim Horton's, where he called a cab. The tip also suggested that Stislicki's Fitbit and keys would be found in a grassy area near the coffee shop.
Following this lead, the police did indeed discover the Fitbit, keys, and additional surveillance footage purportedly showing Galloway near the items. The tip further indicated that Galloway disposed of Stislicki's cell phone in a trash can at Tim Horton's and her body wrapped in a "beige and brown comforter." The phone, however, remains unrecovered.
The court has ruled that none of this evidence, including the Fitbit, keys, surveillance footage, or testimonies, can be used against Galloway in any potential trial.
The Court of Appeals found that prosecutors had knowledge of, or should have known about, the source of the tip as early as 2017. However, they failed to address the breach of attorney-client privilege. This issue was only addressed when the Attorney General took over the case in 2019.
In November 2022, Oakland County Circuit Court Judge Phyllis McMillen issued an order suppressing the evidence, which included potential evidence related to the recovery of Stislicki's cell phone. The appeals court agreed with the suppression of the cellular phone evidence but clarified that the order was somewhat too broad since the phone had not been located.
Nevertheless, the suppression order regarding other evidence was upheld, as it was deemed to violate Galloway's due process rights.
The court pointed out that Chief Mayer was aware of the protected nature of Hoppe's tip but still relayed the information to the investigating agency, which subsequently led to the recovery of critical evidence.
The court emphasized that one law enforcement agency cannot benefit from the misconduct of another.
Floyd Galloway is currently serving a prison sentence for attempted sexual assault and kidnapping in an unrelated case from June 2017.
Floyd Galloway is currently serving a prison sentence for attempted sexual assault and kidnapping in an unrelated case from June 2017.
Evidence from that case, including Galloway's admission, cannot be used against him in his upcoming murder trial, as the two cases are considered dissimilar.
The trial date for the murder charge is pending in Oakland County.
In another news, a 20-year-old Texan will spend the majority of his life in prison after being convicted of the murder of a 22-year-old man he wrongly believed had killed his friend. See detailed story here
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