The Phoenix murder trial of Michael Roy Turney came to an abrupt end last week, when the trial judge granted the defense motion for a dismissal after the presentation of the prosecution’s case. The dismissal was granted under Rule 20 of the Arizona Rules of Criminal Procedure. That rule says that a judge in a criminal case must enter a judgment of acquittal after the close of evidence on either side regarding any offense where there is no substantial evidence that would support a conviction.
The case has a lengthy history, beginning over two decades ago. In 2001, then 17-year old Alissa Turney, the step-daughter of Michael Turney, was reported missing. Her body was never found, and the matter languished for years. Here are some of the events that surrounded the mystery of Alissa’s disappearance, and some of the facts presented at the trial:
- Back in 2001, Michael Turney filed a missing person’s report regarding Alissa.
- Alissa had told her boyfriend that her step-father was taking her out of school early the day of her disappearance. He was apparently the last person to see Alissa.
- In 2006, a “self-proclaimed” serial killer told a prison guard that he killed Alissa, although he later said he might have been mistaken.
- The case was reopened in 2008, at which point detectives stated that Michael Turney was their primary suspect. They raided the Turney home, which revealed the presence of illegal items, including explosives, silencers, and other material, all of which led to Michael Turney being arrested. He pleaded guilty to possession of 26 pipe bombs, and he was sentenced to ten years in prison. He was released in 2017.
- There were tape recordings and surveillance video footage from around the time of Alissa’s disappearance, though none of it related to the specific day on which the disappearance occurred.
- There was testimony about Alissa being upset over the way her step-father treated her.
- Family members, including some of Turney’s children, testified against their father, and Alissa’s sister testified that Turney and Alissa constantly yelled at each other.
What the prosecution’s case consisted of was circumstantial evidence, including the items above, that pointed in the direction of the defendant as the murderer. What they were apparently saying to the jury was that Turney is a bad guy, and that he had a poor relationship with his step-daughter. While circumstantial evidence can support a guilty verdict, there was no physical evidence that Michael Turney killed Alissa, or even that she was dead. And the evidence presented was not, the judge ruled, sufficient to establish a case against Turney. Accordingly, the judge granted the defendant’s motion under Rule 20 and dismissed the case against him. The double jeopardy clause of the U.S. Constitution prohibits the state from attempting to charge the defendant with the same crime in the future.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028