People v. Losey

Improper rebuttal testimony is again the focus of our inquiry. Despite our admonitions in People v McGillen #1, 392 Mich 251; 220 NW2d 677 (1974), and People v Bennett, 393 Mich 445; 224 NW2d 840 (1975), we find we must again reverse a conviction on this basis.

I

Maria Losey (also known as Helen Losey) was found dead in her home on February 11, 1977. She had suffered two .22 caliber bullet wounds. The defendant, her ex-husband, was charged with murder as an aider and abettor 1 and with conspiracy to commit murder. 2

At the subsequent jury trial, Ronald Heath testified that the defendant had…