ADRIAN — The judge assigned to the Warner homicide case explained Wednesday why he hasn't disqualified himself from the case now after doing so at an earlier stage of the proceedings.
Lenawee County Circuit Judge Michael R. Olsaver, along with the other Lenawee County judges, disqualified himself from hearing the preliminary examination in district court. A visiting judge from Washtenaw County presided over the exam, which ended in June, and bound the case over to circuit court after determining the prosecution had presented enough evidence to show that Dee Ann Warner was murdered and that her husband, Dale Warner, is likely to have committed the crime.
Dee Warner, who was 52 at the time, went missing in April 2021 from the Warners' home in Franklin Township, and she has not been seen or heard from since. Her body has not been found, despite numerous searches by police. Dale Warner, 56, was arrested last November and charged with open murder and tampering with evidence.
Circuit court is where a trial would take place.
During a regularly scheduled pretrial hearing Wednesday, Olsaver offered his reasoning behind staying on the case now to the attorneys in the case along with those in the courtroom and Dale Warner, who appeared by video from the Lenawee County Jail where he is being held on bond.
"I have previously disqualified myself from the district court preliminary examination stage of the case," Olsaver said. "I did that in order to avoid even the slightest appearance of any impropriety since at that stage my role would have included making factual findings."
Olsaver also has been assigned to other civil and probate cases involving Dale Warner and reviewed search warrants related to the homicide case, he said.
"At this point in the proceedings, I don't believe that my continued assignment would create any similar issue, since from here forward, a jury would be charged with finding facts," Olsaver said. "As a result, I don't think that I have any knowledge, bias or any other reason that would require my disqualification, and therefore I wouldn't intend to do it at this point" on his own motion.
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Olsaver said the parties in the case could file their own motions to seek his disqualification if they believe there is a reason to do so.
Olsaver and the attorneys also discussed the scheduling of hearing any motions. Warner's lead attorney, Mary Chartier of Okemos, said she anticipates one or more motion hearing dates after they receive a copy of the transcript of the preliminary examination testimony. She said it might be another 45 days before the transcript is available. She also said she and the prosecution are working to make sure any discovery matters involving evidence are addressed well in advance of a trial.
The next pretrial hearing date is Sept. 4.
— Contact reporter David Panian at dpanian@lenconnect.com or follow him on X, formerly Twitter: @lenaweepanian.
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