Lands declared dead; homicide case open

BATTLE CREEK, Mich. (WOOD) - After about 30 minutes of testimony Wednesday in front of Calhoun County Judge Michael L. Jaconette, he declared Mary Lands dead.  

Lands' father, Clifford Marshall, took the stand and testified, later telling 24 Hour News 8 he and his wife Anita decided to petition the court in order to help their family move on -- both emotionally and financially.   

"We thought it was time to try to do this; to try to put everything to rest for a little bit," Marshall said.  

During the hearing, he told the court his daughter disappeared March 12, 2004. Marshall said the family held several searches for Lands' body over the past seven years, contacted the media and put up signs and billboards -- all in an effort to bring his daughter home.  

None of Lands' bank accounts had been accessed, nor had her credit cards been used since her 2004 disappearance, Marshall said. 

Police Detective/Lt. Scott McDonald also testified, saying he had found no sign of Lands since she vanished.  

He personally contacted representatives of all 50 states, the IRS and several other countries, McDonald testified.  

Michigan state law requires a person to be missing for five years, and only then he or she can be declared dead, if the person isn't found "after diligent search or inquiry."

24 Hour News 8 spoke with Cooley Law professor Curt Benson on Wednesday.  

The law itself, he said, that someone can be declared dead after several years, goes back to English common law.  

Most if not all states in the union have a law like it, Benson added.  

But, he said, it is rare to need to use it because adults typically don't disappear without a trace.  

After the testimony in Lands' case finished, Jaconette decided there was enough evidence to declare her dead.  

He told the court Lands "is not a person who would have simply fallen off the face of the earth if she had not been seriously injured or is dead." He cited, among other reasons, that Lands had children and was expecting a grandchild.  

The Marshall Police Department considers Lands' disappearance an open homicide investigation, and asks that anyone with information contact them at 269.781.2596, or Silent Observer.