CONVICTION OVERTURNED NY - Michaela MacVilla, 21, found deceased, Canajoharie, 25 Sept 2018 *Arrest*

[Niner]

Thursday, August 22nd:
*Sentencing Hearing (@ 9am ET) - NY – Michaela MacVilla (21) (Sept. 25, 2018, Canajoharie; found Oct. 2, 2018 in Oppenheim) – *Daniel A. Nellis, Sr. (45) arrested (9/30/18), indicted & arraigned (11/15/18) with 2nd degree murder, 1st degree criminal possession of a weapon & 2 counts of 3rd degree criminal possession of a weapon. Plead not guilty. Held without bail.
Trial started 6/5/19. Trial ended 6/19/19. 12 jurors & 2 alternates.
Trial Days 1 thru 8 (6/5/19 to 6/14/19) reference post #162 here:
GUILTY - NY - Michaela MacVilla, 21, Canajoharie, 25 September 2018 *Arrest*
6/17/19 Day 9: The States rested. Defense witness: Daniel Nellis. Will continue testifying on Tuesday, 6/18.
6/18/19 Day 10: Defense witness: Daniel Nellis. Defense called two other witnesses before resting his defense. Prosecutors are expected to call rebuttal witnesses Tuesday afternoon (no info on this) and the jury should begin deliberations on Wednesday (6/19). Trial continues on 6/19.
6/19/19 Day 11: Defense rested. Closing arguments done. Jury sent to deliberate about mid-afternoon. The jury asked for testimony read back as part of its brief deliberations Wednesday (did not mention “what” testimony). Trial continues to 6/20.
6/20/19 Day 12: After about 8 hours of deliberations, Jury verdict GUILTY! Sentencing scheduled for 8/22.

 

[imstilla.grandma]

Daniel Nellis was sentenced to 40 years to life for the murder of Michaela Macvilla.
Man sentenced to 40 years to life for the murder of Michaela MacVilla

 

[Ebon]

Murder conviction overturned due to 'prosecutorial misconduct' resulting in prejudice that 'cannot be overstated'

The prejudice that resulted from prosecutorial misconduct, and the trial judge's failure to intervene, "cannot be overstated," the judges ruled in reversing the murder conviction of Daniel Nellis for the death of Michaela MacVilla.

lawandcrime.com

A New York appeals court has overturned the conviction of a man accused of murdering a woman last seen alive walking home from work and dumping her body on a plot of land.

Michaela MacVilla was 21 when she was killed in September 2018. She never made it home after leaving her job at the Stewart’s Shop in the Village of St. Johnsville, some 65 miles northwest of Albany, on Sept. 25. Her body was found on Oct. 2 after having been dragged into underbrush; her pants were pulled down, and she had been shot in the head at close range.

The investigation revealed that MacVilla had been at the apartment of Daniel A. Nellis Sr. at around 1 a.m. on Sept. 25 and left with him at around noon the next day. Surveillance video showed Nellis’ car heading to the location where MacVilla’s body would eventually be found, and evidence from MacVilla’s Fitbit showed her heart rate spiking shortly after 12:30 p.m. before stopping. Nellis’ DNA was found on MacVilla’s remains, including under her fingernails.

On Thursday, a four-judge panel of the Appellate Division of the New York State Supreme Court issued a unanimous ruling overturning that conviction, finding that it was the result of “prosecutorial misconduct” that went unchecked by the trial judge.

“n light of multiple instances of prosecutorial misconduct, in response to which [Fulton County Court Judge Polly Hoye] failed to intervene, we are compelled to reverse defendant’s conviction and order a new trial,” Justice Andrew Ceresia wrote. He was joined in the ruling by Justices Stan Pritzker, Christine Clark, and Michael Lynch.

Although the judges acknowledged that “the weight of the evidence supports the [guilty] verdict in all respects” — even though an acquittal “would not have been unreasonable” considering that no murder weapon was ever found — the real problem was that the prosecutor appears to have won a conviction using innuendo and prejudicial questioning, rather than relying on evidence relating to MacVilla’s death.

 

[Niner]

Well I see @YESorNO helped me get court dates, etc. for this case - but she no longer comes around.

Anyone reading here - can you access Fulton County court site? Or anyone reads a new court date for him - for his new trial - please "tag" me! TIA!

 

[Trinitee]

Well I see @YESorNO helped me get court dates, etc. for this case - but she no longer comes around.

Anyone reading here - can you access Fulton County court site? Or anyone reads a new court date for him - for his new trial - please "tag" me! TIA!

Date​	Time​	Court Date Purpose	Outcome Type	Justice Part	Remarks	Motion Seq
07/31/2023		Conference-Status		Auffredou, Hon. Martin D.	No appearance needed

https://iapps.courts.state.ny.us/we...Chg3_PLUS_fNxA==&county=v6_PLUS_SUek/mO52uf5h

 

[Niner]

Date​	Time​	Court Date Purpose	Outcome Type	Justice Part	Remarks	Motion Seq
07/31/2023		Conference-Status		Auffredou, Hon. Martin D.	No appearance needed

https://iapps.courts.state.ny.us/webcivil/FCASCaseInfo?parm=Appearance&index=AMLji_PLUS_aDlq46lChg3_PLUS_fNxA==&county=v6_PLUS_SUek/mO52uf5h

Thank you!!! Can I put you down as my "go-to person" for this case?

TIA if you can!

 

[Niner]

Monday, July 31st:
*Status Conference Hearing (@ am ET) - NY – Michaela MacVilla (21) (last seen Sept. 25, 2018 heading home right after her shift at Stewart's shop in the Village of St. Johnsville; found Oct. 2, 2018 shot in the head at a close range, dragged into the underbrush with her pants pulled down in Oppenheim) – *Daniel A. Nellis, Sr. (45) arrested (9/30/18), indicted & arraigned (11/15/18) with 2nd degree murder, 1st degree criminal possession of a weapon & 2 counts of 3rd degree criminal possession of a weapon. Plead not guilty. Held without bail.
According to the investigation conducted, on September 25, 2018, at 1am MacVilla is at Daniel A Nellis Sr. & left the place the following day around 12 noon as caught in the surveillance camera. It was seen that the car of Nellis’ was going to the location where the dead body of MacVilla was found. As evidence shows, MacVilla’s Fitbit showed that her heartbeat was spiking around 12:20pm before she lost her heartbeat.
Trial started 6/5/19 & ended 6/19/19. 12 jurors & 2 alternates. Jury deliberated about 8 hours & verdict GUILTY of 2nd degree murder. Sentenced 8/22/19 to 40 years to life.
Trial Days 1 thru 12 (6/5/19 to 6/20/19) reference post #181 here:
https://www.websleuths.com/forums/t...harie-25-september-2018-arrest.392470/page-10
8/22/19 Update: Nellis was sentenced to 40 years to life.
6/8/23 Update: On Thursday, a four-judge panel of the Appellate Division of the New York State Supreme Court issued a unanimous ruling overturning that conviction, finding that it was the result of “prosecutorial misconduct” that went unchecked by the trial judge. “In light of multiple instances of prosecutorial misconduct, in response to which [Fulton County Court Judge Polly Hoye] failed to intervene, we are compelled to reverse defendant’s conviction & order a new trial,” Justice Andrew Ceresia wrote. He was joined in the ruling by Justices Stan Pritzker, Christine Clark & Michael Lynch. Although the judges acknowledged that “the weight of the evidence supports the [guilty] verdict in all respects” — even though an acquittal “would not have been unreasonable” considering that no murder weapon was ever found — the real problem was that the prosecutor appears to have won a conviction using innuendo & prejudicial questioning, rather than relying on evidence relating to MacVilla’s death.
6/12/23 Update: Next status conference hearing on 7/31/23 before Judge Martin D. Auffredou. Defendant need not appear.

 

[Niner]

@Trinitee - any updates on the last hearing & if there will be more? TIA!

 

[Niner]

Bumping up for @Trinitee - wondering if there might be a next hearing date?

TIA!

 

[Niner]

@Trinitee - never mind - I found this...

Case # Defendant Summons # Appearance Date Court Judge Part
IND-70006-18/001 Nellis, Daniel 09/05/2023 Fulton County Court (M-B) Smrtic, Michael W. SMRTIC

Next Appearance

Date: September 05, 2023
Time:11:00 AM
Court:Fulton County Court (M-B)
Judge:Smrtic, Michael W.
Part:SMRTIC




link: https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

 

[Niner]

Tuesday, Sept. 5th:
*Status Conference Hearing (@ 11am ET) - NY – Michaela MacVilla (21) (last seen Sept. 25, 2018 heading home right after her shift at Stewart's shop in the Village of St. Johnsville; found Oct. 2, 2018 shot in the head at a close range, dragged into the underbrush with her pants pulled down in Oppenheim) – *Daniel A. Nellis, Sr. (45/now 50) arrested (9/30/18), indicted, charged & arraigned (11/15/18) with 2nd degree murder, 1st degree criminal possession of a weapon & 2 counts of 3rd degree criminal possession of a weapon. Plead not guilty. Held without bail.
According to the investigation conducted, on September 25, 2018, at 1am MacVilla is at Daniel A Nellis Sr. & left the place the following day around 12 noon as caught in the surveillance camera. It was seen that the car of Nellis’ was going to the location where the dead body of MacVilla was found. As evidence shows, MacVilla’s Fitbit showed that her heartbeat was spiking around 12:20pm before she lost her heartbeat.
Trial started 6/5/19 & ended 6/19/19. 12 jurors & 2 alternates. Jury deliberated about 8 hours & verdict GUILTY of 2nd degree murder. Sentenced 8/22/19 to 40 years to life. Conviction was overturned on 6/8/23.
Trial Days 1 thru 12 (6/5/19 to 6/20/19) & thru 6/8/23 reference post #187 here:
https://www.websleuths.com/forums/t...harie-25-september-2018-arrest.392470/page-10
6/12/23 Update: Next status conference hearing on 7/31/23 before Judge Martin D. Auffredou. Defendant need not appear. 7/31/23 Update: Next status conference hearing on 9/5/23 @ 11am before Judge Michael W. Srmtic.

 

[Niner]

Date/
Time Judge/Part Calendar Section Arraignment/Hearing Type Outcome/Release Status
09/05/2023 11:15 AM Smrtic, Michael W. Smrtic Further Proceedings Adjournment Bachert, Brigette L Adjourned, Reports/Investigation Ordered

12/06/2023 11:00 AM Smrtic, Michael W. Smrtic Further Proceedings Adjournment

Case #
Summons # Defendant Appearance
Date Court Judge Part
IND-70006-18/001 Nellis, Daniel 12/06/2023 Fulton County Court (M-B)
Fulton County Court Smrtic, Michael W. SMRTIC


Next Appearance

Date: December 06, 2023
Time: 11:00 AM
Court:Fulton County Court (M-B)
Fulton County Court
Judge:Smrtic, Michael W.
Part:SMRTIC



link: https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

 

[Niner]

Wednesday, December 6th:
*Status Conference Hearing (@ 11am ET) - NY – Michaela MacVilla (21) (last seen Sept. 25, 2018 heading home right after her shift at Stewart's shop in the Village of St. Johnsville; found Oct. 2, 2018 shot in the head at a close range, dragged into the underbrush with her pants pulled down in Oppenheim) – *Daniel A. Nellis, Sr. (45/now 50) arrested (9/30/18), indicted, charged & arraigned (11/15/18) with 2nd degree intentional murder, 1st degree criminal possession of a weapon & 2 counts of 3rd degree criminal possession of a weapon. Plead not guilty. Held without bail.
According to the investigation conducted, on September 25, 2018, at 1am MacVilla is at Daniel A Nellis Sr. & left the place the following day around 12 noon as caught in the surveillance camera. It was seen that the car of Nellis’ was going to the location where the dead body of MacVilla was found. As evidence shows, MacVilla’s Fitbit showed that her heartbeat was spiking around 12:20pm before she lost her heartbeat.
Trial started 6/5/19 & ended 6/19/19. 12 jurors & 2 alternates. Jury deliberated about 8 hours & verdict GUILTY of 2nd degree murder. Sentenced 8/22/19 to 40 years to life. Conviction was overturned on 6/8/23.
Trial Days 1 thru 12 (6/5/19 to 6/20/19) & thru 6/8/23 reference post #187 here:
https://www.websleuths.com/forums/t...harie-25-september-2018-arrest.392470/page-10
6/12/23 Update: Next status conference hearing on 7/31/23 before Judge Martin D. Auffredou. Defendant need not appear. 7/31/23 Update: Next status conference hearing on 9/5/23 @ 11am before Judge Michael W. Srmtic.
9/5/23 Update: Adjournment by Judge Michael W. Srmtic. Reports/Investigation ordered. Next status hearing on 12/6/23 @ 11am.

 

[Niner]

Strange - his case disappeared from the court site...

If anyone can find it - Fulton County #IND-70006-18/001

TIA!