Melissa Memmer

Case record: State of Michigan Court of Appeals — People of the State of Michigan v. Melissa Anne Memmer

People

• Melissa Memmer — defendant; former Shelby Township caregiver; she admitted disciplining Tyler Korte and was later convicted of child abuse and attempted murder in 2004 and first-degree murder for Tyler’s death.

Timeline

• May 2003 — Melissa Memmer disciplined Tyler Korte while under her care by tying his arms behind his back and placing him on his stomach on a bed in an upstairs bedroom.
• December 2009 — Tyler Korte died after surviving in a vegetative state for more than five years and later described as more than six years or more than seven years.
• March 2004 — Melissa Memmer was sentenced following her earlier convictions.
• September 29 and 30, 2011 — A Macomb County jury deliberated about three hours and later convicted Melissa Memmer of first-degree murder.
• October 5, 2011 — Coverage reported that Melissa Memmer had been found guilty of first-degree murder and that sentencing was set for November 9 by Judge Peter J. Maceroni.
• November 9, 2011 — Melissa Memmer was sentenced in Macomb County Circuit Court in Mount Clemens to mandatory life in prison without parole.

Background

Melissa Memmer was a 31-year-old former Shelby Township caregiver. Tyler Korte was the son of Memmer’s boyfriend, Anthony Korte Jr. At the time of the May 2003 incident, Tyler Korte remained in Memmer’s care along with Memmer’s own son in the Shelby Township residence. The victim was described as an 8-year-old at sentencing and 2-year-old in the May 2003 incident.

In the years after the incident, Tyler lived with Anthony Korte’s mother, Deborah Korte, and her home in Rochester was subject to an abuse/neglect complaint related to two other children, which was described in the proceedings as involving “failure to feed, failure to cloth, failure to protect.” Defense counsel Dan Garon argued Deborah Korte provided insufficient care for Tyler.

The offence

May 2003 incident

Memmer admitted she disciplined Tyler Korte by tying his arms behind his back and placing him on his stomach on a bed in an upstairs bedroom. Prosecutors alleged additional conduct intended to suffocate him, including that she stuffed a bandana in his mouth and pushed his head down into a pillow to suffocate him.

Memmer told police in a video recorded interview shown to the jury that her son was “being upset” and Tyler “was not listening to me” and climbed a dresser. She said she tied Tyler’s hands behind his back with a pillow case and placed him on a bed to show him the effects if he fell off the dresser and broke his arms.

Assistant Macomb prosecutor Michael Servitto argued that Memmer gripped the back of Tyler’s neck and smothered his face into a “doggy pillow.” Servitto said Memmer denied putting the bandana in his mouth, but DNA testing found Tyler’s salvia and blood on it.

Prosecutors also said Memmer tried hiding items after the incident. Servitto characterized Tyler as “an easy target” and argued the suffocation was taken out on Tyler while Memmer had frustration regarding a boyfriend and a situation she no longer desired. In the video, Memmer said:

“I am stressed. I love Tyler to death but he’s not my son. I don’t want the responsibility of watching him.”

Memmer declined to make a statement at the sentencing hearing.

Tyler’s condition and death

Tyler Korte suffered severe injuries in the May 2003 incident and remained in a vegetative state for more than five years before dying in December 2009. He was described as having required around-the-clock care since the May 2003 incident.

At trial, the manner of death was described as homicide. The Oakland County Chief Medical Examiner L.J. Dragovic, who conducted the autopsy, testified that Tyler died from lack of brain development and pneumonia caused by partial asphyxiation. Dragovic testified that Tyler’s brain did not develop and likely receded since he was nearly killed at 2. Dragovic testified that Tyler’s brain weighed 811 grams, while an average person’s brain by age 5 was fully grown at about 1,300 grams. Dragovic also testified, “Atrophy continued after that.” Dragovic testified Tyler was paralyzed.

Post-injury care issue argued in trial

Dan Garon argued that the poor care provided to Tyler after the injury by Tyler’s fraternal grandparents (mainly Deborah Korte and Anthony, described as fraternal grandparents) was an “intervening cause” of Tyler’s death. Garon argued doctors indicated the child should survive at least 10 to 15 years rather than less than six years.

Servitto opposed allowing the evidence of alleged abuse/neglect toward the grandparents’ other children, arguing it was not relevant to Tyler’s abuse.

Macomb County Circuit Court Judge Peter J. Maceroni decided whether the defense could attempt to criticize the care provided to Tyler by his fraternal grandparents. Maceroni commented on whether the issue was relevant and described it as “a very technical issue.”

Investigation and charging

After Tyler Korte died in December 2009, Macomb prosecutors filed first-degree murder charges. Coverage described that police and prosecutors increased charges following Tyler’s death.

Police said that in May 2003 Memmer tied Tyler’s hands behind his back and suffocated him with a pillow while caring for him in her home.

Notification and case reopening (prison sentence and new charges)

Coverage described that Shelby Township Police Chief Robert Leman stated the department was notified Dec. 26 that Memmer’s son about to celebrate his ninth birthday Dec. 28 had died. Leman said the medical examiner ruled the death was a result of abuse inflicted by Ms. Memmer. Police indicated the boy was being taken care of by his paternal grandmother when he died and described lung damage and possibly some paralysis from injuries sustained from the prior abuse. Leman said, “He was doing fairly well, considering, for a while,” and “But he was deteriorating.”

After notification, detectives reopened the case and presented the file to the Macomb County Prosecutor’s Office on Jan. 4. Prosecutors then authorized a two-count warrant against Memmer for felony murder and premeditated first-degree murder. The charges were described as on top of the sentence Memmer was serving for child abuse committed in Shelby Township almost seven years earlier.

Officers responded to Memmer’s home in Utica Green apartments in May 2003 on reports of a child not breathing. Memmer’s 2-year-old son was taken to William Beaumont Hospital, Troy in critical condition and suffered lung damage. Leman said Memmer was eventually charged with first-degree child abuse and assault with intent to commit murder after it was determined the boy had been smothered. Leman said if convicted on either new charges, sentences would be concurrent and Memmer would receive credit for time already served.

Arrest

No arrest facts were provided as a distinct event.

Trial

Courts and judge

• Judge Peter J. Maceroni presided over proceedings referenced in the coverage.

Murder trial and evidence

A murder trial occurred after murder charges were filed following Tyler Korte’s death. It included presentation of Memmer’s video interview with police. The trial involved arguments about premeditated and felony murder.

Dan Garon asked jurors to remove emotion and sympathy from their deliberations. In court, Garon argued that Memmer “lost it” but didn’t intend to injure or kill Tyler, and that the post-injury care was “an intervening cause of his death.” Garon said:

“You have to look at this from a legal perspective,”
“The only way you can look at the facts is take out the emotion.”

Garon conceded jurors may not agree with her discipline of Tyler and argued:

“he pushed her over the edge, and she went over the edge.”

Servitto argued for conviction and presented that Memmer’s retrieving the bandana from her bedroom closet proved premeditation. Servitto accused her of stuffing a bandana in Tyler’s mouth and pushing his head down into a pillow to suffocate him.

Servitto argued:

“He was a healthy young boy and she took that away from him, and now he’s passed away,”
“Obviously she has some serious anger problems she couldn’t control. And when she couldn’t control them, she suffocated Tyler.”

Servitto also characterized the act as:

“How can anybody be pleased?”
“A young and healthy boy who had everything to look forward to was killed, and a young woman, in her early 30s, is going to spend the rest of her life in prison.”

Medical examiner testimony

L.J. Dragovic testified that Tyler died from lack of brain development and pneumonia caused by partial asphyxiation. Dragovic testified, “My first question was why this child had a very small head, an immediate indication that the brain did not develop beyond a certain point,” and that “Atrophy continued after that.” Dragovic also testified that Tyler’s brain weighed 811 grams while an average person’s brain by age 5 was fully grown at about 1,300 grams.

Jury verdict

The jury convicted Melissa Memmer of premeditated murder and felony murder, both first-degree.

The jury deliberated for about three hours and the trial coverage also described deliberation as “for more than an hour” on Sept. 29 after and to return to court on the next day.

Sentencing

Prior sentencing for earlier convictions (2004)

Memmer previously was convicted in March 2004 of child abuse and attempted murder following a trial in Macomb County Circuit Court. She was sentenced to 25 years in prison. Coverage also stated her March 2004 sentencing involved a judge and she said:

“I am sorry for what I did to Tyler. From the bottom of my heart, I didn’t mean to hurt him. This will haunt me for the rest of my life no matter where I am.”

Another report described that in 2004 she was convicted and sentenced to 25 to 50 years after being convicted of attempted murder and child abuse, with then-judge Donald Miller exceeding sentencing guidelines, citing Memmer’s lack of remorse and severity of the incident.

Life without parole (November 9, 2011)

At sentencing on November 9, 2011, Memmer was sentenced in Macomb County Circuit Court in Mount Clemens to mandatory life in prison without parole for Tyler Korte’s death.

Assistant Macomb prosecutor Michael Servitto told the judge:

“They just want to put this behind them,”
“They don’t want to experience it again.”

Judge Peter J. Maceroni commented, echoing Servitto’s remarks about whether he was “pleased” with the first-degree murder verdict, and said:

Memmer declined to make a statement at the hearing.

Appeals

An appeal by Memmer was expected. Coverage stated that her attorney Dan Garon conceded he didn’t see any issue that appeal courts could find to overturn the jury’s verdict.

Aftermath

Tyler’s parents and grandparents did not attend the sentencing event, and Servitto said they just wanted to put it behind them and did not want to experience it again.