Defense seeks dismissal in Rebecca Park murder case, citing lack of evidence disclosure

WEXFORD COUNTY, Mich., (WPBN/WGTU) — Defense attorneys for Cortney and Brad Bartholomew, the couple accused of murdering Rebecca Park, asked a judge Tuesday, January 13, to dismiss the case, arguing prosecutors failed to turn over required evidence ahead of a probable cause hearing.

The two have been charged with first-degree murder, felony murder, torture and other crimes, including causing a miscarriage.

The request was made during a hearing on January 13, where defense attorneys said the state has produced no formal discovery despite a 21-day deadline. According to the defense, no police reports, autopsy results, or physical evidence have been provided.

Attorneys told the court the only document they have reviewed is the probable cause affidavit, which they say they first obtained through social media rather than directly from prosecutors.

The Bartholomews remain jailed without bond, a condition the defense argued violates their due process rights. Defense attorneys also accused the Attorney General’s Office of improperly blocking discovery through a protective order and threatening to delay or heavily redact evidence.

The defense asked the court to dismiss the case, grant bond, or impose sanctions against the prosecution.

Prosecutors countered that discovery is still being gathered, saying delays are common in complex cases. They asked the judge to keep the defendants held without bond.

The judge declined to dismiss the case or grant bond at this time but ordered a show-cause hearing, requiring prosecutors and the Attorney General’s Office to explain why discovery has not been turned over.

That hearing is scheduled for January 30 at 10 a.m. The judge said decisions regarding dismissal, bond, or potential penalties will be made after that hearing.