Warner murder trial update: Expert paint testimony allowed

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ADRIAN — Pretrial proceedings continued Thursday in the Warner murder trial, with the court ruling that forensic paint comparison testimony will be allowed at trial, while deferring decisions on several other contested evidentiary issues.

The hearing was held without a jury as part of an ongoing evidentiary review ahead of the next phase of jury selection, which is scheduled to resume Monday.

Thursday’s session focused largely on whether a Michigan State Police forensic examiner could testify as an expert regarding paint samples collected during the investigation. Under Michigan Rule of Evidence 702, the court must determine whether expert testimony is relevant and based on reliable principles and methods.

The examiner testified about the scientific foundations of paint comparison, including peer-reviewed research, standardized methodologies, laboratory accreditation, and the long-standing acceptance of paint analysis in forensic science. The testimony addressed how paint samples are evaluated using both visual and instrumental techniques and how conclusions are peer reviewed within the laboratory.

Paint samples were collected on Feb. 25, 2025, with seven samples taken from the tanker at issue in the case. The examiner testified that paint comparisons typically require about a month of active work, though in this case the testing spanned roughly four months due to workload and supervisory duties.

The examiner also acknowledged limits to paint analysis. She testified that paint comparison is class evidence, meaning it cannot identify a unique source, determine when paint was purchased, or exclude the possibility that similar paint could come from other sources.

After hearing testimony and argument, Michael Olsaver ruled that the expert’s testimony meets evidentiary standards and may be presented to a jury.

The court also addressed multiple other evidentiary disputes but did not issue rulings. These include arguments over the admissibility of alleged prior acts and hearsay related to domestic violence, evidence involving a third party and the scope of the police investigation, and a renewed defense request for a change of venue.

Late in the day, the court entered a closed session to consider a motion to seal certain records. Under court rules, hearings on whether records should be sealed are conducted outside public view until a determination is made.

The court took the remaining motions under advisement and said rulings would be issued later, either in writing or on the record. Jury selection in the Warner murder trial is expected to resume Monday.