Judge rules Lafler murder case must start over

The first-degree murder case against Michael Lafler, 35, in the Oct. 15, 2021, death of Chelsea Wallen, 33, is back to square one. 

St. Joseph Circuit Court Judge Paul Stutesman on Thursday remanded the case back to district court for a preliminary examination. 

Newly-hired defense attorney Randall Levine said former defense counsel John McDonough did not effectively represent Lafler allowing him to waive the preliminary examination. 

Levine said McDonough failed to explain to Lafler all his rights and the value of the examination in exposing state case weaknesses and effectively discover the prosecutor’s case.  

McDonough missed appointments with Lafler’s family. He also said he had another court appearance on one of the exam dates. A check found he was not at that courthouse for a hearing. 

Prosecutor David Marvin objected to returning the case for examination. 

Stutesman said both defense and prosecutors did agree on some facts.

“I'm not going to start off the case with a shadow on the case of appealable issues that can be avoided," the judge said.

All agreed that Three Rivers attorney Luke Nofsinger was appointed a public defender to represent Lafler at his arrest. Nofsinger “entered into some agreement with Mr. McDonough to take over the case. Mr. McDonough was never approved by the county to be on the defense contract.”

McDonough, the former prosecutor, never got appointed to the public defense contract.

The judge explained “And therefore, the family believed that he was a public defender. It was premature, because in the end, the county wouldn't approve it. So for that reason, I'll remand it for exam as soon as possible.”

No date is set.  

Levine filed several other motions. Marvin agreed to turn over clones of both Lafler and those of Wallen to the defense for examination. 

Marvin also agreed to allow for DNA testing on a baggie found on the floor of the home near Wallen. 

Levine outlined one defense he intends to pursue for Lafler.

“He never intended to kill the decedent, but was rather engaged in efforts to save her life the night in question. The Defendant expected there to be evidence that the decedent attempted to commit suicide by ingesting a baggie containing the cocaine.”

Levine also said he expects to introduce evidence that night there was a struggle between the couple. He claims the efforts by Lafler “to force the decedent to expectorate the ingested baggie may have caused injury” to Wallen. 

Two motion filed by the Kalamazoo defense attorney will be heard later. Levine wants access to privileged medical records he believes will show Wallen had drug addiction issues which made her violent and suicidal while under the influence of drugs and alcohol. 

Levine also wants Child Protective Services records relating to investigations of Wallen in regard to her child. 

According to police reports, emergency medical responders were called to Lafler's Abbott Street home in Colon. Lafler indicated Wallen suffered a heart attack and he could not resuscitate her. 

Colon Police also responded. Officers saw injuries and bruises to Wallen's arm, neck, face and right eye. He also said he and Wallen were arguing. Lafler told officers both used cocaine. 

Lafler said he went upstairs, but found Wallen on the floor when he returned. He called friends who came over. The couple also found her unresponsive and called 911. 

An autopsy ruled the death a homicide by asphyxia/strangulation. Wallen worked as a manager at Countryside Quality Meats in Union City. Lafler was an installer for a lawn maintenance company.