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Probate court orders Skelton brothers presumed dead but declines to find father guilty of murder

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Summary

Lenawee County Probate & Juvenile Court granted in part a petition to declare three missing Skelton brothers deceased under Michigan statute but denied the request to find their father, John Skelton, murdered, saying the evidence did not meet the clear-and-convincing standard.

A judge in Lenawee County Probate & Juvenile Court granted in part a petition to declare three brothers who vanished more than a decade ago presumed dead, but declined to find by clear and convincing evidence that their father, John Skelton, murdered them.

The court’s written opinion, read aloud at the hearing, said: "After review of the evidence, testimony, and current law, the petition is granted in part and denied in part." The judge cited Michigan Compiled Laws (MCL) 700.1209(2) in explaining the legal standard for a declaration of death after an extended unexplained absence.

The petition, brought by Tanya Zuber (petitioner), asked the court to find that the children died on the night of their disappearance rather than waiting for the presumption period to lapse. The judge said the petitioner produced five witnesses at a one-day trial, including three law-enforcement officers, the petitioner, and a cold-case researcher.

"This…

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