Attorneys Seek Case Dismissal Over Discovery Errors in Daughter's Torture-Murder Trial

Cortney Bartholomew and her husband Bradly Bartholomew appeared before Judge Corey Wiggins in Cadillac, Michigan on Monday to contest the charges against them for the alleged torture and murder of their daughter, Rebecca Park. The couple’s attorneys argued that prosecutors failed to provide consistent evidence, leading to discrepancies that could undermine the legal process.

Park's body was discovered three weeks after she went missing in early November 2025, with her unborn child never found. Both Bartholomews have pleaded not guilty to the charges and are seeking a dismissal of the case due to alleged errors by prosecutors in providing discovery materials. The preliminary hearing had been scheduled for two days but was interrupted when attorneys noticed inconsistencies in the evidence provided.

Harry Mihas, representing Bradly Bartholomew, highlighted significant differences in the Bates numbering system used to identify pieces of evidence between his client and Cortney Bartholomew's defense team. According to Mihas, there is a 3,000-page discrepancy in the discovery materials received by each defendant, rendering the current evidentiary process ineffective.

"This has been a long journey," Mihas stated during the hearing. "We are here ready to ask for a dismissal with prejudice because this is not a soap opera or a made-for-TV drama. This is a tragic situation where we have a dead person and a missing fetus, and our clients are wrongly accused. We need consistent discovery labeling so that all parties can communicate effectively."

Tracy McCarn-Dinehart, Cortney Bartholomew’s attorney, agreed with Mihas's assessment, emphasizing the confusion caused by inconsistent Bates numbers. She noted that without matching evidence identifiers, it is impossible to ensure both defendants have access to the same information and can adequately defend themselves.

The defense team's request for a dismissal hinges on the prosecution's failure to provide equal and consistent discovery materials to both defendants. This issue could potentially lead to an appeal if not resolved, as appellate courts would scrutinize whether the trial court properly managed the evidentiary process.

Legal experts suggest that such discrepancies can severely impact the fairness of a criminal trial, particularly in cases involving complex evidence and multiple defendants. The prosecution must now address these concerns to ensure a fair and transparent legal proceeding. If unresolved, this case may set a precedent for how courts handle discovery discrepancies in future high-profile murder trials.