Kelly Faces Murder Trial In Dorm Slayings

Kelly faces murder trial in dorm slayings

By Chong W. Pyen
NEWS STAFF REPORTER

Leo E. Kelly Jr., a University of Michigan student accused of killing two of his dormitory mates last April 17 with a sawed-off shotgun, Wednesday was ordered to stand trial on two counts of open murder in Washtenaw County Circuit Court.

Judge S. J. Elden of the 15th District Court ordered Kelly to appear before Circuit Judge Edward D. Deake at 8:30 a.m. on Aug. 11 for arraignment. He declined to consider a defense motion to set bail for Kelly, who has been held in the Washtenaw County Jail since his arrest the day of the shootings.

Douglas C. McGreaham, 21, an arts major from the Upper Peninsula town of Caspian, and Edward R. Siwik, 19, a pre-med freshman from Detroit, were shot to death following an explosion of a handmade bomb in the Bursley Hall dormitory hallway.

SENIOR ASSISTANT Prosecutor Lynwood Noah argued that Kelly, a 22-year-old psychology major from Detroit, should be tried for first degree murder, a charge based on premeditation and deliberation. But defense lawyer William Waterman of Pontiac said no motive has been established for the Good Friday incident and no one actually saw his client fire the 12-gauge shotgun that he was seen holding.

Elden said a jury will eventually decide on that point and left the murder charge open.

The pre-trial hearing, which began earlier this month, ended with testimony by two more prosecution witnesses: Det. Sgt. Donald Minton, a latent prints expert with the state Northville Forensic Laboratory, and Det. Sgt. William Canada of the Ann Arbor police.

MINTON TESTIFIED that a finger print taken from masking tape wrapped around the shotgun that was believed the murder weapon matched that of Kelly’s. Canada, who first questioned Kelly three hours after the 6 a.m. blasts and explosion in the North Campus dormitory, described Kelly as totally in control of himself but emotionless.

When told by police that he was being arrested and might face double murder charges, Canada testified that Kelly “clenched his teeth...and the muscles in his face were just jumping.” The detective said he had thought Kelly might have been on some kind a drug and didn’t seem to be “personally involved” in what was going on.

Waterman, the defense counsel, said Kelly had no reason to kill the two victims and predicted he would prove during the trial that there was no premeditation and deliberation.

PROSECUTOR NOAH countered: “Murder should have malice. Two young men were cut down in the flower of their youth with this weapon. This weapon is malice per se.”

Judge Elden’s decision to have Kelly stand trial on an “open charge” of murder means that after hearing all the testimony, the jury (or the judge if defense attorney elects not to have a jury trial) must decide not only whether Kelly fired the fatal shots but also whether the killings constituted first degree, or second degree murder, negligent homicide or manslaughter.

Detectives escort Leo J. Kelly Jr. to court