Michael Colucci Retrial: Defense Attorneys, Prosecutors Seek To Frame The Debate

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Before Summerville, South Carolina jeweler Michael Colucci stands trial for the 2015 death of his wife, Sara Lynn Colucci, the presiding judge in the case is being asked to explicitly define the evidence and terminology that will be allowed in front of the jury. 

Defense attorneys have filed a growing list of motions aimed at controlling what the jury will be allowed to hear — and what they won’t. These motions seek to exclude what the defense considers irrelevant, misleading or prejudicial in this high-profile murder case.

In charge of deciding these motions is S.C. circuit court judge Roger M. Young, who will gavel these proceedings to order on Monday, June 16, 2025.

Colucci is represented by veteran Charleston attorney Andy Savage and criminal defense lawyer Scott Bischoff. The prosecution will be led by assistant attorney general Joel Kozak and assistant deputy attorney general Kinli Abee from the S.C. attorney general’s office.

Among the items targeted in the filings are evidence of Colucci’s past alcohol and drug use, the couple’s finances, his parenting and the funeral arrangements for Sara and Colucci’s mother – who was shot and killed by his father on April 14, 2017 (nearly two years after Sara’s death).

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Ivo Colucci fatally shot Michael’s mother, Doris Colucci, in the back of the head – a murder witnessed by Michael and Sara’s 12-year-old daughter. Ivo Colucci was arrested for the killing but was diagnosed with dementia and deemed incompetent to stand trial. He died in 2020.

The defense has also asked the court to disallow forensic evidence in the form of a blood test. Two other motions involve limiting – or excluding – evidence regarding a damaged necklace.  Yet another motion (.pdf) requested the exclusion of eight specific words from use by attorneys or witnesses. 

The Colluci case has been marked by death and delay. 

Sara Lynn Colucci was found dead on May 20, 2015, outside one of the couple’s jewelry stores in Summerville, South Carolina. Her body was discovered on a concrete slab next to a six-foot chain-link fence, with a black garden hose wrapped around her neck. She had grooved wounds on her neck – and scrapes on her knees and one of her feet.

“Oh my God. C’mon, Sara. Please baby,” Colucci could be heard pleading on a 911 call, telling dispatchers his wife had turned “purple.”

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RELATED | MICHAEL COLUCCI RETRIAL: DELAYED

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The cause of Sara Colucci’s death was determined as asphyxiation by neck compression. The manner of her death has never been established, however. At the time of her death, cocaine and Xanax were detected in her system – and her blood alcohol content was 0.23, nearly three times the legal limit. A single strand of her blonde hair was found at the top of the post where the garden hose was looped.

“My wife, my wife,” Colucci told first responders upon their arrival on the scene. “She’s gone.”

Initially, her death was ruled a suicide by investigators with the Berkeley County Sheriff’s Office (BCSO). However, after the South Carolina Law Enforcement Division (SLED) took over the case, the theory of suicide was abandoned, leading to Michael Colucci’s arrest and charge for murder in May 2016.

Michael Colucci’s first trial was held in 2018 – but the proceedings collapsed and the case ended in a mistrial. A second trial, slated for May 2024, was derailed by scheduling problems. Now, after more than a decade, the case is finally going to be decided.

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DEFENSE MOVES TO LIMIT SCOPE OF EVIDENCE

In its latest filings, Colucci’s legal team is attempting to shape the rules of engagement before a jury is ever seated. Their motions seek to exclude a wide range of evidence and even restrict the language attorneys and witnesses may use in court.

Among the requests:

• Banning Specific Terms: Prosecutors and witnesses would be barred from using words like victim, defendant, crime scene, confession, admission, struggle, medical examiner, and homicide. Defense attorneys argue these terms are prejudicial and inconsistent with the official determination that Sara’s manner of death remains “undetermined.”
• Evidence of Past Drug and Alcohol Use: The defense is seeking to exclude any testimony about Colucci’s use of alcohol, prescription drugs, or non-prescribed substances aside from what occurred on May 20, 2015 — the day of Sara’s death. They argue that such references have no bearing on the facts at issue and constitute inadmissible character evidence.
• Testimony on Sara’s Public Bathroom Habits: One motion specifically targets prior trial testimony from a bar owner who claimed Colucci never allowed Sara to go to the bathroom alone. Defense attorneys want the details excluded based on their contention that it serves only to portray the defendant in a controlling or suspicious light. The reason it might be relevant? Michael Colucci’s version of events is based on him being alone in his parked car after Sara excused herself to go to the bathroom and exited the vehicle alone. She never returned.
• Parenting and Family Dynamics: Another motion asks the court to bar any mention of Colucci’s relationship with his children. The defense asserts that how he treated his children has no relevance to the circumstances surrounding Sara Moore Colucci’s death.
• The Necklace Evidence: Two motions target evidence about a necklace allegedly damaged during the incident leading to Sara’s death. The defense wants it excluded entirely. In contrast, the State is seeking to introduce the necklace along with a photo showing its original condition and a jury instruction clarifying that the damage occurred during a prior trial — not due to mishandling by law enforcement or prosecutors (.pdf).
• Forensic Evidence Dispute: The defense is challenging any reference to a red spot found on Sara Moore Colucci’s phone that allegedly tested presumptively positive for human blood. The Berkeley County Sheriff’s Office conducted the test, but the defense says the State has failed to provide details on the test used, has not confirmed its reliability, and never performed a follow-up confirmatory test. They argue the result is speculative and misleading without proper forensic validation.
• Financial Motive Theory: Colucci’s team also wants to prevent any suggestion that financial issues might have been a motive for Sara’s death. They argue the state lacks any evidence showing that Colucci stood to gain financially, and that references to unpaid debts or pending property sales would be irrelevant and prejudicial.
• Funeral Arrangements: Finally, the defense seeks to bar any testimony about funeral arrangements for either Sara Moore Colucci or Colucci’s mother, Doris. The motion argues that details about who arranged the funerals, payment logistics, and the timeline of cremation have no bearing on the question of whether Colucci caused his wife’s death.

Whether the court will grant these motions remains to be seen — but, if adopted by the court, they would significantly narrow the scope of what jurors are allowed to hear.

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THE STATE PUSHES BACK

Prosecutors have filed their own motions aimed at preventing the defense from introducing evidence that could sway the jury in Colucci’s favor.

Among those requests…

• Suicide References: The prosecution wants to exclude any reference to prior suicidal ideations Sara may have expressed, calling such statements hearsay and prejudicial.
• Prior Prosecutorial Decisions: The prosecution has asked the court to bar any discussion about why Colucci wasn’t charged earlier — including internal decision-making processes or reviews by medical experts like pathologists.
• Emotional Impact from a Prior Death: Prosecutors also moved to block evidence about the death of Sara’s ex-husband, Michael Vieira, who died by suicide in 2007. Prosecutors argue that Vieira’s death and its emotional impact on Sara are not relevant to the case.
• Statements by Colucci: The prosecution has requested a Jackson v. Denno hearing to determine the voluntariness of statements Colucci made to two BCSO investigators — Bobby Shuler and William Kimbro.
• Sara’s Drug and Alcohol Use: Just as the defense seeks to limit mention of Colucci’s past substance use, the state is seeking to exclude any evidence about Sara’s prior drug or alcohol use unless it occurred on the day of her death.

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DEFENSE CHALLENGES WITNESSES, EVIDENCE — AND SEEKS TIGHTER TRIAL CONTROLS

In a flurry of filings throughout May 2025, Michael Colucci’s defense team is doubling down on efforts to shape the boundaries of the upcoming trial — scrutinizing expert witnesses, seeking suppression of contested evidence and requesting tighter courtroom controls to protect the integrity of the proceedings.

Among the recent motions:

• Motion to Admonish SLED Agent David Owen: On May 27, the defense asked the court to formally admonish the lead investigator for failing to correct allegedly false testimony from a 2018 trial witness. Barbara Moore reportedly mischaracterized a statement she claimed Sara Lynn made in 2015 — and the defense contends that Owen’s silence amounted to a constitutional violation of Colucci’s right to a fair trial.
• Motion to Prohibit Testimony of Dr. William “Bill” Smock: The defense is also seeking to exclude testimony from Dr. Smock, a police surgeon for Louisville Metro Police, arguing he is unqualified to testify on the manner of death under Rule 702 of the South Carolina Rules of Evidence. They point out he is not a forensic pathologist or medical examiner — and accuse him of inflating his credentials in prior proceedings. A deposition in Louisville has been scheduled for May 31 to examine his qualifications.
• Request for Court Voir Dire of the Jury Pool: In a detailed motion filed May 27, 2025, Colucci’s attorneys submitted a 37-question request for court-led voir dire of prospective jurors — aimed at screening for bias, prior knowledge of the case, media influence, and relationships with law enforcement or attorneys involved. The proposed questions cover topics ranging from hardship due to sequestration and trial length, to familiarity with the Colucci family, their businesses, or the jewelry store location where Sara Lynn Colucci died.
• Motion to Exclude Suffering and Victim Impact Testimony: Colucci’s attorneys have filed two related motions seeking to block any testimony about the suffering of Sara Moore Colucci — whether physical, emotional, financial, or otherwise — as well as any so-called “victim impact” evidence from friends or family members. The defense argues such testimony is irrelevant to the question of guilt and would serve only to inflame jurors’ emotions in violation of Colucci’s constitutional right to a fair trial. They cite South Carolina precedent that bars emotional testimony when it lacks probative value and risks undue prejudice.
• Motion to Suppress Evidence: The defense seeks to suppress evidence obtained from a 2018 search warrant executed at Dyal Funeral Home. The defense argues the warrant lacked probable cause and that the records from the funerals of Sara and Doris Colucci are irrelevant and improperly obtained.
• Motion to Sequester: The defense filed a motion to sequester all witnesses for the duration of the trial to prevent cross-contamination of testimony.
• Compel Production of Records: Defense attorneys filed a motion to compel the production of certain records including SLED interviews and Attorney General materials related to the death of Michael Vieira.

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RECENT COMPARISONS: MURDAUGH AND ROSE PETAL

These filings echo strategies deployed in other high-profile South Carolina murder trials – with attorneys filing motions in limine in an attempt to define (or more precisely limit) the evidentiary landscape before a jury ever hears opening arguments. Similar tactics were observed in the 2023 double homicide trial of Alex Murdaugh — who was convicted of murdering his wife and son — and in the 2025 trial of Zachary Hughes, who admitted to fatally stabbing Christina Parcell inside her Greenville home in 2021.

In both cases, admissibility battles played a major role in shaping the trial narrative. Murdaugh’s defense team tried to block the introduction of evidence about his then-alleged financial crimes. Ultimately, the court allowed the evidence, and it became central to the state’s theory regarding motive.

In the Hughes case, defense attorneys attempted to introduce allegations that his victim had been abusing her young daughter based on evidence that came to light during the investigation of her murder. The court barred that line of defense — even when Hughes’ own self-incriminating testimony offered it as the basis for his motive. Hughes was convicted in February 2025 and sentenced to life in prison.

Murdaugh’s appeal is based in large part on admissibility issues, and Hughes’ appeal is also expected to lean heavily on them as well.

Likewise, Michael Colucci’s attorneys are attempting to cut off a wide range of potentially damaging narratives before his retrial begins.

Count on FITSNews to keep close tabs on these rules – and any other significant developments – ahead of this highly anticipated re-trial.

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THE MOTIONS…

(S.C. Ninth Judicial Circuit)

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ABOUT THE AUTHOR…

Callie Lyons is a relentless investigative journalist, researcher, and author known for exposing hard truths with heart and precision. As a journalist for FITSNews, she dives into high-profile and murky cases—like that of Mica Francis Miller— with fearless resolve and a sharp eye for detail, whether it’s tracking white-collar crime, uncovering religious abuse, or examining the often-bizarre behavior of those who believe they’re above the law.

Callie made waves with her groundbreaking 2007 book Stain-Resistant, Nonstick, Waterproof and Lethal, the first to reveal the dangers of forever chemicals, a story that helped inspire the film Dark Waters and influenced global scientific dialogue. Her work has appeared in numerous documentaries, including Toxic Soup, National Geographic’s Parched: Toxic Waters, and more recently Citizen Sleuth, which examines the complexities of true crime podcasting.

Whether she’s navigating environmental disasters or the darker corners of society, Lyons operates with one guiding belief: “Truth never damages a cause that is just.”

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