Dee Ann Warner: Murder Trial Delayed

Dee Ann Warner. Photo courtesy of Parker Hardy.

Today, Judge Olsaver of Lenawee County ruled on a series of motions filed by Dale Warner’s defense attorney, Mary Chartier. Dale appeared in court via Zoom from Lenawee County Jail where he has been residing since being charged with the murder of his wife, Dee Ann Warner, in November 2023.

Dee was reported missing April 25, 2021, by her adult children the day after she planned to tell Dale she wanted a divorce. Her body was found sealed in an anhydrous ammonia tank on Warner property in August 2024. Tanks are commonplace around the Warner farm because Dale used them for his fertilizing business.

The first of five motions was to establish a 28-day cut off notice for business certification which would be imposed on both the prosecution and the defense. That way, if either side used business record certification rather than have the custodian of records come in, the opposing side would have the opportunity to file an objection or get witnesses.

Judge Olsaver granted the motion.

Next, Chartier asked for the motion to compel discovery. She claimed the defense is missing discovery critical to Dale’s constitutional rights. Chartier asked for the prosecutor and police to turn over all of the evidence in their possession including text and email messages between law enforcement and individuals related to the case.

Chartier said the defense was given about 15 pages of text messages between Sgt. Det. Drewyor and Gregg Hardy, Dee’s brother, and 5 pages of texts between Sgt. Det. Drewyor and T.J. Bock, Dee’s son. Chartier argued they were incomplete. “You can tell by the context of the messages,” Chartier said.

“I think that we need to have a hearing with the detective to see if he’s turned over everything to the government [the prosecutor] and if he is claiming that he has, why do we only have partial text messages?” Chartier asked.

Jacqueline Wyse, the prosecutor, claimed to have given the defense over 10 terabytes of information. “We have nothing in our possession. Michigan State Police have nothing in their possession,” Wyse said.

Judge Olsaver granted the request for a hearing to find out what evidence, if any, has not been turned over and why. The date is to be determined.

The third motion was to suppress the evidence of two search warrants due to what Chartier described as inconsistent, false, and misleading statements made in affidavits that precipitated the search warrants.

As an alternative to suppressing the evidence, Chartier suggested a Franks hearing which allows the defense the opportunity to challenge the validity of a search warrant that was obtained by untruthful information.

At issue is the search warrant for the tank and the search warrant for fingerprints. Chartier claimed affidavits and statements from Dee’s brother and nephew were contrary to the detective’s statements. Did they actually see Dale painting/refinishing the tank in the barn or had Dale told them that’s what he was doing?

Chartier also said an affidavit made by the detective stated Dale was alone on the farm the day Dee was reported missing. Chartier argued there were at least a dozen people on the farm, including Dee’s family. According to Chartier, the affidavit says the tank had been cut open, Dee’s body had been put in it, and it was welded back together and painted by 6:40 April 25, 2021 -- the day Dee's adult children reported her missing.

The prosecutor denied any false statement was made. She stressed that just because the defense doesn’t like the way affidavits were worded doesn’t equal a false statement. “None of these statements are false or misleading,” Wyse said. She also argued the detective didn’t mean Dale was the only one on the farm that day, but that he did have time alone. Wyse was adamant there was plenty of evidence for probable cause.

Judge Olsaver agreed with Wyse, saying, “The magistrate still had information that would support probable cause.”  He denied the motion to suppress the evidence of the two search warrants.

The fourth motion was to suppress two of Dale’s jailhouse calls. Chartier claimed Dale knew jailhouse phone calls were recorded but was unaware the prosecutor and police could listen to them as well without a warrant. According to Chartier, doing so violates Dale’s 4th Amendment rights.

“The jail has a job to do, a very serious job to do, and they listen to calls because that’s what they need to do to ensure security. That does not mean that they can pass those calls along to a member of the public – and that’s exactly what the prosecutor and the police are in this case – they’re a member of the public,” Chartier said.

Chartier also argued that while Dale is not indigent, he can’t afford his bail which was set at $15M. If he was able to make bond and was home chatting with family on the phone, the government [prosecutor and/or police] wouldn’t be able to tap his phone without a warrant.

Chartier stated if the motion was denied she wanted to have records of all of Dale’s phone calls so she could put them in context.

Judge Olsaver denied the motion, saying that it was unreasonable for an inmate to expect privacy when they have been notified they’re being recorded. “When someone puts their trash out at the curb they can't then complain if someone goes through that trash picks something out embarrassing or criminal and gives it to another person and that essentially is what I see has happened here,” Judge Olsaver said.

The last motion was to ask for a change of venue, meaning having the trial moved out of Lenawee County. Chartier voiced her concern with the extensive media coverage and social media coverage of this case and that most of it was against Dale Warner. She said emotions run high. “When you look at what people are saying about Mr. Warner, his trial rights, his constitutional rights, all of that goes out the window.”

Chartier cited one instance where a member of the Justice for Dee Facebook page described how to be a stealth juror by scrubbing your social media so that if you get called for jury duty no one would know you were biased. She said of the plus-20K members no one opposed this person.

Chartier also said an individual commented (she didn’t specify on which site) about setting up an ambush of her. While she admitted it’s common to dislike defense attorneys, she was disheartened nobody stood up for her.

“Emotions have run so high here to convict Mr. Warner that it is likely impossible for him to get a fair trial because the people making these comments are Lenawee County residents and the people making these comments are influencing their neighbors, their coworkers, their friends, their family – some of whom will be sitting in this jury box,” Chartier said.

David McCreedy, for the prosecution argued that the idea that out of the tens of thousands of potential Lenawee County jurors they couldn’t find 12 impartial jurors was, “a leap too far.” He pointed neighboring counties are exposed to the extensive media coverage as well.

Chartier rebutted with, “There are tens of thousands of people on a social media page where an individual talked about being a stealth juror,” and repeated that no one had stood up for the rule of law.

 Judge Olsaver said he took these issues seriously but questioned whether the media and commenters have affected the entire community to the extent a fair jury couldn’t be picked. “I think most rational people, at this point, have come to the conclusion Facebook groups are simply echo chambers and trying to argue with them is a lost cause,” he said.

Judge Olsaver denied the change of venue motion with prejudice, meaning the subject may be revisited if there are problems selecting a jury. He said advanced questionnaires may be send out well in advance of jury selection and he is open to ideas on making the process successful.

Due to medical issues Dale’s trial, originally scheduled for September 2, 2025, now is scheduled for jury selection to begin January 27, 2026, and the trial is expected to last until March 27, 2026.

After today’s hearing Kathryn Adams, spokesperson for Dee’s family and an admin of the Justice for Dee Facebook page, said, “The Justice for Dee group was created to find Dee, because at the time, we didn’t know if she was dead or alive. It’s always been about getting justice for Dee. Years later, her body has been found and there’s civil and criminal cases, but our goal remains the same – to get justice – whatever that looks like,” Kathryn said. “The over-20K members are not all from Lenawee County, we have people from all over the world.”

As to the trial being delayed, Kathryn said, “It’s okay. That will give both sides plenty of time to be prepared. All I want is a fair, unbiased trial and for the person who killed Dee to be held responsible.”

If you want more information on Dee’s case, you can start here. For all the latest updates, join the Justice for Dee Facebook page. Were you surprised the trial was delayed, yet remaining in Lenawee County? I’d love to read your thoughts in the comments!