UPDATED: September trial possible for Wirgau, Srebnik

ALPENA -- Brad Srebnik and Joshua Wirgau, accused of killing Alpena women Brynn Bills and Abby Hill in 2021, could face trial in September.

The two men were bound over to 26th Circuit Court earlier this month and both face life in prison if convicted.

On Wednesday, the two defendants appeared via videoconference for their circuit court arraignment and Judge Ed Black laid out how he envisions the proceedings will play out.

Both defense attorneys -- Rick Steiger for Wirgau and Patrick Cherry for Srebnik -- plan on filing motions to try to delay the trial because of the amount of evidence and prior testimony to comb through and because an expert witness for Srebnik is allegedly unavailable to testify until January at the earliest.

Black said that, before he would push the trial back, Cherry would need to have his witness submit a detailed explanation about why he or she would be unavailable.

Black was hesitant to push the trial back over the amount of evidence because the preliminary examination was delayed several times for that reason.

"We have an individual who is being held without bond, so there are mandatory time requirements, and the fact that there are speedy trial rights on all sides and this case has been ongoing for a significant amount of time," Black said. "The two defendants are also scheduled to get out of prison on parole at the end of September."

Both Srebnik and Wirgau are currently serving prison time for a previous crime. However, Steiger said his client will not be able to pay his $2 million bond in the murder case when released from prison and would have to remain in jail. Srebnik is being held without bond in the murder case.

Cherry also noted to the judge that he intends to file a motion seeking Black's recusal from overseeing the case. He said Srebnik was prosecuted previously by Black when he was Alpena County prosecutor.

Black responded by saying he didn't recall the details of those prosecutions and added he had the authority to continue to sit on the bench if he so chooses, but will consider the request when the written motion is filed.

"A judge does not need to disqualify himself from presiding over a case, even if he previously prosecuted the defendant, in the absence of actual bias or prejudice," Black said. "That is kind of the standard I'm standing on, otherwise, literally every single person I previously prosecuted, I would not be able to be the presiding judge on."

The parties also discussed whether the trials will run jointly for the two defendants, as the preliminary examination did, but have two different juries.

Steiger and Devin Pommerenke, who also represents Srebnik, both intend to push for separate trials for their clients, but Black said the urgency to wrap up the cases may motivate the court to move forward jointly.

"We have to have two different juries, but, frankly, there are a couple things involved," Black said. "First, this isn't going to be a cheap endeavor. You have multiple experts and having to have those experts appear on multiple days, rather than one occasion, and trying to coordinate that in a timely fashion, will be difficult. That is why we're trying to do it all together. But I understand your argument and I'll consider that."

The case began when Bills' family reported her missing in early August 2021 and police later discovered her body buried in the back yard of Wirgau's house.

Testimony during the preliminary examination alleged Bills was killed by Srebnik and Hill at Srebnik's home when a drug deal went south. A plan to dispose of Bills' body led to her being buried and burned. Police discovered her remains on Sept. 28, 2021.

After going on the run to avoid police, testimony during the prelim alleged that Srebnik and Wirgau took Hill into a remote, wooded area behind the Holcim Alpena plant (which was known as Lafarge at the time) and shot her in the head execution-style because she knew too much and they feared she may have talked or intended to talk to authorities about Bills' murder.

Srebnik is charged with two counts of first degree-premeditated murder, one count of dismemberment of a dead body and mutilation, and felony firearm. He is being tried as a habitual offender.

Wirgau is charged with first-degree murder, disinterment and mutilation of a dead body, and being an accessory after the fact. A felony firearm charge for possession of a gun while being a felon was not forwarded to the higher court following the prelim.