ADRIAN — Kevin Greca testimony was placed at the center of a detailed court hearing today in the Dale Warner Murder Trial. The judge formally addressed his Fifth Amendment rights and ruled on multiple evidentiary motions. The hearing occurred outside the presence of the jury and clarified that Greca intends to testify.
On the record, the court addressed prior indications that Kevin Greca’s testimony might involve the assertion of Fifth Amendment protections. The judge conducted a full constitutional waiver colloquy to ensure Greca understood his rights under the United States and Michigan constitutions.
The court confirmed Greca cannot be compelled to provide self-incriminating testimony but that by choosing to testify, he waives that protection. The judge explained that Greca cannot selectively answer questions and must submit to full cross-examination. If he refused to answer questions on cross-examination, the court could strike his entire testimony.
Greca acknowledged he had adequate time to consult with his attorney. The court also referenced communications from the prosecution indicating no intent to pursue charges against him. Greca confirmed he was aware of that correspondence. The court accepted the waiver and ruled that Kevin Greca testimony would proceed.
Following the waiver, the court issued extensive rulings on other-acts evidence under MCL 768.27b, Michigan’s domestic violence statute. A constitutional challenge to the statute was rejected.
The court ruled that certain alleged acts, including stalking-related behavior, pushing into a dresser, and bruising observations tied to alleged physical contact, qualify as domestic violence under the statute and may be admitted.
However, a choking allegation older than 10 years was excluded under the statute’s time limitation. The court also excluded certain bruising testimony where the cause was not clearly established.
The judge conducted a detailed MRE 403 analysis and found that the probative value of recent conduct outweighed the danger of unfair prejudice. The court stated the evidence helps establish the nature of the relationship, motive and context.
The court then addressed hearsay issues, including text messages allegedly describing being thrown into a dresser. The prosecution sought admission under the residual hearsay exception.
After analyzing trustworthiness factors, including timeline inconsistencies and corroboration limits under confrontation clause standards, the court ruled the statements did not meet the required guarantees of reliability. Those statements were excluded.
The court also rejected most proposed third-party culpability evidence involving another individual. The judge ruled that generalized character evidence or unrelated aggressive behavior does not establish a sufficient link to the charged offense. Limited questioning regarding relationships may be allowed if properly framed.
The court encouraged counsel to raise future evidentiary issues outside the jury’s presence. Additional witness-related questions may be addressed as trial proceedings continue.
Kevin Greca’s testimony is now formally cleared to proceed following the court’s constitutional review. The trial will continue with the admitted relationship and domestic violence evidence shaping the evidentiary landscape moving forward.