ADRIAN — A district judge reduced bond Monday for a Tecumseh-area man charged with murder for his wife’s disappearance.
“It’s an extremely high bond … akin to no bond at all,” Mary Chartier, the Lansing-based lawyer for Dale Warner, 55, said outside the courtroom in Lenawee County District Court 2A after District Judge Laura Schaedler set her client’s bond at $15 million.
The defense lawyer said lowering the bond amount from the previously set $20 million to $15 million made little difference.
The amount was satisfactory, however, to Gregg Hardy, brother of Dee Ann Warner, 52, who has not been seen since the wee hours of April 25, 2021.
“It’s a high bond. As long as he does not get out [of jail], it’s good enough,” Mr. Hardy said.
Mr. Warner was arraigned on charges of open murder and tampering with evidence on Thanksgiving Eve, one day after his arrest by the Michigan State Police.
Judge Schaedler ordered the defense to surrender both his and his youngest, minor child’s passports immediately, while specifying that he be placed on electronic monitoring should he post bond.
No investigative details were disclosed during the bond hearing, which Mr. Warner attended by video feed from the Lenawee County jail. His participation was limited to confirming that he understood why a 21-day statutory deadline for holding a preliminary examination was being waived.
That proceeding was scheduled for March 27 through March 29. A probable-cause conference is scheduled for Wednesday afternoon.
As she had done at arraignment, Ms. Chartier argued Monday morning for Mr. Warner’s release with electronic monitoring, even under condition of an order that he stay on his own property.
“If Mr. Warner wanted to flee the jurisdiction, he would have been doing it before he was charged with murder,” the defense lawyer said after noting her client’s “long and stable roots” and business interests in the community.
“He is not a flight risk, not a threat to the community,” Ms. Chartier said. “There have been no concerns about the safety of anyone for 2½ years.”
But Dave McCreedy, a senior trial prosecutor leading the case, said Mr. Warner “has access to an unknown source of cash” and accused him of lying to a civil court about the imminent sale of one of his several business interests during probate proceedings related to Mrs. Warner’s disappearance.
“We do believe there is a significant risk of non-appearance,” Mr. McCreedy told the judge.
The prosecutor also remarked about Mr. Warner’s having told friends of desire to move to Florida, to which Ms. Cartier responded that hardly a Michigander exists who hasn’t voiced that idea on occasion.
Judge Schaedler said she was persuaded most by Mr. Warner’s behavior during the recent civil proceedings, including repeated noncompliance with judicial orders, in keeping his bond high.
The sanctions he faced in that situation, she said, were “potatoes” compared to what he faces now, and his current mindset could well be, “What am I willing to do when faced with the loss of my freedom?”
Later citing Mr. Warner’s “lack of respect” for the courts, the judge said: “If he’s going to do what he wants to do, he’s going to do it from the jail.”
Mrs. Warner’s body has not been found. Although probate proceedings that could lead to a declaration of her death have been held, such a declaration has yet to be made.
First Published November 27, 2023, 9:27 p.m.