Sarissa Montague featured on 9&10 News about Rebecca Park murder case and how it could be handled if murder happened on federal land

As details continue to emerge about the murder of Rebecca Park in Wexford County, Levine & Levine Criminal Defense Attorney Sarissa Montague spoke with 9 & 10 News in Traverse City about how the location of the murder could be a major factor in the case.

“This is going to be a case where medical experts are going to be brought in and forensic evidence is going to be reviewed very, very carefully,” Montague said during her interview with 9 & 10 News. “Everything is about the government and the prosecutor’s office being able to say it’s a burden of guilt beyond a reasonable doubt.”

Rebecca Park was in her final few days of pregnancy when she was last seen Nov. 3. Three weeks later, a search party found her body in the Manistee National Forest – without a baby.

Park’s biological mother and stepfather, Cortney and Brad Bartholomew, have been charged with her murder after allegedly trying to “remove” her unborn baby, killing both of them. The Bartholomews are each charged with: first-degree premeditated murder, felony murder, torture in a place of confinement, conspiracy to commit torture, assault of a pregnant woman with the intention to cause miscarriage or stillbirth, conspiracy to commit that assault, unlawful imprisonment, and moving a dead body in Wexford County.

Michigan law also allows additional charges when an unborn child is involved.
Montague, who is not connected to the case, explained medical findings, forensic evidence, and expert reviews will likely play a big role in how prosecutors move forward.

Another major part of the equation is whether the homicide happened on federal land.

Parts of Wexford County overlap with the Huron-Manistee National Forest, and if investigators determine the killing took place inside the Manistee National Forest, the case would switch from state to federal court. That change would bring in different investigators, different prosecutors, and different possible penalties.

“There are only certain circumstances in which a murder case can be handled in federal court and the one that matters here would be if the murder took place on federal property,” said Montague. “That is the big distinction here because Michigan does not have the death penalty and the federal government does.

“If the murder itself happened in Wexford County, but not on federal land, then the federal government cannot prosecute the murder because one of the criteria for the prosecution in the federal system is that the murder happened on the federal property,” Montague added. “If they’re missing that piece, then you can’t go forward with federal prosecution. It really makes a huge difference in terms of where the actual homicide or homicides took place.”

As evidence continues to be reviewed and more forensic reports come in, the case is expected to move forward with more court hearings and filings.

Watch Sarissa Montague’s full interview with 9 & 10 News, here.