BERKELEY COUNTY, S.C. (Court TV) — Moments before opening statements in Michael Colucci’s murder retrial, a judge tossed his indictment, leaving him free to walk out of court.
Judge Roger Young granted the extraordinary relief after witness testimony and oral arguments on a defense motion to dismiss “for government misconduct pursuant to Brady v. Maryland,” referring to the longstanding U.S. Supreme Court precedent requiring prosecutors to disclose any evidence favorable to the accused that is material to the question of guilt.
Michael Colucci sits in court as charges are dismissed moments before his retrial was set to begin on June 17, 2025. (Court TV)
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Barbara Moore, Sara Lynn Colucci’s mother, testified that she told SLED Agent David Owen about a suicidal statement Sara made roughly two weeks before her death. Owen, for his part, testified and admitted that he knew about the statement, but never documented it or informed prosecutors, offering little meaningful defense beyond a vague reference to a busy caseload spanning eight counties.
Colucci is accused of murdering Sara in May 2015. During his 2018 trial, prosecutors argued that Michael strangled Sara to death outside their jewelry business. His defense claimed she hung herself with a garden hose on a fence as Michael sat in their car less than 25 feet away.
Court TV’s Trial Archives: SC v. Michael Colucci (2018)
Megan Burleson, the prosecutor during Michael’s first trial, adamantly insisted she “followed the rules” and was completely unaware of Moore’s remark about her daughter’s suicide threat until just a few days ago.
Burleson said she was “shocked” to hear about Moore’s account of her daughter’s threat to hang herself in the days leading up to her death, insisting she would have disclosed it to the defense if she had known about it during her time as a prosecutor. Judge Young threatened Burleson with contempt of court when she began her appearance by lashing out from the stand at defense co-counsel Bill McGuire over short-notice subpoena service.
Judge Young ruled the case deserved a “fresh restart” and dismissed the indictment without prejudice, telling prosecutors they can bring the case back to a grand jury.
In Michael’s first trial, investigators detailed signs of a struggle at the scene, including obvious signs of trauma on Sara’s body. Michael too bore the marks of a fight. His lip was bleeding, and he had scrapes on his arms and hands. He told officers the blood was from performing CPR.
Investigators also noted that Michael’s car, which he claimed to be sitting in while Sara hung herself, had a clear line of sight to the fence in broad daylight.
Forensic pathologist Dr. Lee Marie Tormos ruled the cause of death was asphyxia by neck compression, consistent with strangulation, but could not reach a conclusion on the manner of death. She testified she simply did not have enough information to rule that the death resulted in either a homicide or suicide, and ultimately concluded the manner of death was undetermined.
At the time of her death, toxicology tests revealed the presence of cocaine and an alcohol level that was nearly 3 times the state’s blood alcohol limit of .08%.
FILE – Sara Lynn and Michael Colucci.
Testimony from those close to the Coluccis revealed a volatile marriage and financial hardships for the couple. Most rejected the suggestion that Sara would take her own life, but Sara’s mother testified she was a “mean drunk” and could be verbally abusive. Jurors were shown text messages between the couple that ranged from derogatory name-calling to professions of love.
The day Sara died marked 18 years since the death of her first husband. Before arriving at their business, the couple visited the cemetery where her late husband is buried. Prior to that, Michael had met with a civil attorney while Sara waited in the car for him. She passed the time in the car exchanging calls with her mother, texting Michael, and making two brief calls to her psychiatrist’s office. After the cemetery, they stopped at a liquor store.
The judge declared a mistrial after the jury failed to reach a verdict.