Srebnik attacks his process on appeal | News, sports, jobs

Brad Srebnik

ALPENA – Brad Srebnik, the Alpena man convicted of killing two women in 2021, claims in his appeal that some testimony should not have been allowed during his trial and that police used faulty cellphone location data to obtain search warrants .

In February, a jury found Srebnik guilty of killing Alpena women Brynn Bills and Abby Hill, and Judge Alan Curtis in March sentenced Srebnik to life in prison.

Prosecutors said Srebnik strangled Bills, mutilated and buried his body behind his friend Josh Wirgau’s home on Naylor Road. Prosecutors said Srebnik shot Hill in the head when he feared Hill would go to police to report that he had murdered Bills.

Srebnik appealed his conviction in April.

In a brief filed Thursday with the Michigan Court of Appeals by Srebnik’s attorney, Stuart Friedman, Srebnik said errors during the trial must be corrected during the appeal.

Prosecutors have 35 days to respond, although appeals judges could grant an extension if both sides agree.

Alpena County Prosecutor Cynthia Muszynski said she believes the handling of the case, witnesses and evidence were done according to the rules.

“The likelihood of an appeal is high after any jury trial, and almost certain in a higher-profile case,” he said. “I am confident in the polite and accurate work done by all parties during this trial and believe we will be successful at this stage of the process as well.”

CELL PHONE DATA

As part of the extensive investigation into the murders, police requested multiple search warrants for allegedly disconnected cell phones used by Srebnik.

Police based each of the warrant requests on historical data obtained from Hill’s cell phone.

In Thursday’s filing, Srebnik questioned the accuracy of the cellphone location data and claimed that Hill, Srebnik and Wirgau could have been miles apart.

“The search warrant affidavit is carefully painted to show that the people were together when they could have been up to 30 miles apart,” Srebnik’s report says. “In Alpena, most residents are within thirty miles of each other at any given time. “The search warrant affidavit glosses over this point and presents the evidence in a false light.”

WIRGAU’S TESTIMONY

The court allowed Wirgau to testify that Hill confided in her before she died that she believed Srebnik was going to kill her.

It is considered hearsay when a witness shares another person’s words or thoughts, and judges often do not allow such testimony during trial.

However, Curtis allowed Wirgau’s testimony.

Wirgau and other witnesses lied to investigators on multiple occasions.

Wirgau received a plea deal on charges related to the mutilation of Bills’ body and other charges in exchange for his testimony against Srebnik.

“Judge Curtis expressly relied on Ms. Hill’s inability to explain or deny the statement as a basis for holding that this statement could not be presented,” Srebnik’s brief says. “This was a misinterpretation of the rules of evidence and should be reviewed de novo and reversed.”

SREBNIK’S TATTOO

During the trial, a witness testified that she was very good friends with Hill and noted that Srebnik had a “1%” tattoo, a symbol associated with criminal motorcycle gangs.

Srebnik’s defense attorney asked for a mistrial, saying the meaning behind the tattoo could influence jurors.

Curtis denied the motion.

Srebnik in his brief Thursday said that “the remedy in this case should have been a mistrial.”

You can contact Steve Schulwitz at 989-358-5689 or sschulwitz@TheAlpenaNews.com. Follow him on X @ss_alpenanews.com.

Read Brad Srebnik’s full appeal brief below.

Brad Srebnik Appeal Report by Justin Hinkley on Scribd