Custodial dad's murder trial delayed because of clerical error (Detroit, Michigan)

Custodial dad STEVEN LYN NICHOLSON is one lucky little sh**.

Because of a "clerical error," his murder trial will be delayed until April. Notice that both children lived with Daddy--he had "full custody" of the boy and "joint custody" of the girl, according to earlier news reports. In addition, he managed to gain and retain custody despite a history of domestic violence, substance abuse issues, "petty" crime, and previous child abuse allegations.

Explain to me again how poor daddies are oppressed, depressed, and discriminated against by the "system"?

http://www.thenewsherald.com/articles/2011/01/22/news/doc4d3a0b31a4421761760990.txt?viewmode=fullstory

DETROIT: Father's trial postponed in children's drowning death
Published: Saturday, January 22, 2011

By Peter Jurich

DETROIT — The trial date for a 27-year-old man accused in the drowning deaths of his two children has been postponed because of a clerical error.

A motion on behalf of Steven Lyn Nicholson of Allen Park had not been received by Wayne County Circuit Judge Vera Massey-Jones at the time of his final conference Friday morning.

“Right now, I have a problem because I cannot proceed,” Massey-Jones told the attorneys. “The clerk’s office did not send me down a motion. You know if I had gotten it, I would’ve been very prepared to proceed on it today.”

Nicholson faces six charges, including two counts of premeditated murder, in the Oct. 9 deaths of Ella Stafford, 15 months, and Johnathon Sanderlin, 13 months, at his apartment. The children, who had different mothers, lived with Nicholson.

The motion will argue for dismissal of the charges of first-degree murder and child abuse.

“The prosecutor says these are intentional acts, but there’s no evidence showing an intentional act,” said William Winters, Nicholson’s attorney.

The motion will be heard Friday so that Massey-Jones will have time to review it.

“When the trial is heard, our expert testimony will obviously show that there was no intentional act, that this was a horrible accident,” Winters said.

The judge also ordered a psychological exam for Nicholson to be completed before the trial in April.

Winters said he is seeking a second opinion from Oakland County’s chief medical examiner, Dr. L.J. Dragovic, on the nature of the toddlers’ deaths. Continued...

Winters said Dragovic will have a different opinion from Dr. Carl Schmidt, Wayne County’s chief medical examiner.

At a Nov. 15 preliminary examination in 24th District Court of the evidence against Nicholson, Schmidt testified that he believed the deaths to be homicide.

Nicholson’s trial in Wayne County Circuit Court has been pushed back from Feb. 21 to April 11.