Dunnuck jury begins deliberations on fifth day
 

By NORMA LERNER / Dowagiac Daily News
Thursday, March 16, 2006 10:33 AM EST

CASSOPOLIS - After five days of testimony in Cass County Circuit Court in the cold-case murder trial of Michael Dunnuck, 34, accused of killing a Pokagon Township man in 1990, the jury began deliberations Wednesday afternoon.

The jury was sent home at 5:15 p.m. by Cass County Circuit Judge Michael Dodge.

The trial was to resume this morning at 9 in its sixth day.

The jury of seven men and six women heard all of the testimony, but one woman juror was released from the jury when her name was drawn by the bailiff to leave.

She served as an alternate juror which now puts the jury to seven men and five women.

After deliberating about two hours, the jury wanted to see the transcribed testimony of one witness and a journal that had been kept. The judge said the testimony wasn't prepared and to go by memory, and only journal pages were admitted as testimony, not the whole journal. After that, Dodge told them to go home.

After the people rested the case by Prosecutor Victor Fitz Wednesday morning, Dodge dismissed count two of the open murder and felony firearm charges against Dunnuck. This was upon motion of defense attorney Jonathan Jones. Jones stated that the statute of limitations had run out on the felony firearm charge.

After closing arguments by both Fitz and Jones, Dodge instructed the jury on the various aspects in considering first-degree murder, second-degree murder, voluntary manslaughter or involuntary manslaughter.

William Whittaker, 42, was found dead at the kitchen table of his camper trailer on March 7, 1990, in Pokagon Township. He had a bullet hole through his head. His trailer was parked at the home of Major Thomas, now deceased, at 3136 M-51 North.

Michigan State Police re-opened the cold case after hearing comments that Dunnuck, a former Niles resident, allegedly had shot Whittaker in 1990.

Missing silver bars and coins were never located from Whittaker's home, nor was the gun.

Whittaker had been living temporarily on the Thomas property before moving to Washington state to live with his sister.