Michigan Sex Crime Attorneys Blog

Earlier this week a 39-year-old Dallas,Texas man - Stephen Brodie - was exonerated
of the rape of a 5-year-old girl after a judge determined he was innocent. He was released the next day, and his dad was there to greet him as he exited the jail.

On Monday, a judge ruled Brodie had been wrongly prosecuted despite a lack of physical evidence. In many states, including Michigan, individuals may be convicted of criminal sexual conduct without any physical evidence of an assault or any other supporting evidence. Here, not only was there no evidence, but prosecutors had contradictory hair and finger print evidence that conclusively excluded Brodie as the perpetrator, yet they failed to turn this evidence over to his defense attorney. Police officers also knew that a fingerprint found at the victim's home did not match Brodie's.

The Dallas County District Attorney's office issued an apology this week.

Deaf since childhood, Brodie's imprisonment was largely a result of a confession he gave after being questioned for hours without an interpreter. Studies by the Innocence Project show that in many cases, innocent people confess during police interrogation as a result of duress, coercion, diminished capacity, and ignorance of the law. Brodie later told The Associated Press he had felt scared and pressured. The judge admitted the confession, and believing it the best option, Brodie pleaded guilty to assault and accepted a five-year sentence. He then served two additional sentences for failure to register as a sex offender. Now that he has been exonerated, Brodie no longer needs to place his name of the sex crimes registry.

Tragically, Brodie spent 10 years of his life behind bars as the result of a crime he didn't commit. Experts estimate that nearly 5,000 wrongfully convicted men and woman are locked up today in Michigan's prisons.

Continue reading "Man Exonerated Of Rape After Serving 10 Years In Prison" »

Eggleston Township Treasurer Brian Lee Hill is free after more than three years in prison Hicks was sentenced to "time served" on charges of "possessing" child-pornography with a requirement that he complete "targeted sex offender therapy" and maintain, or at least be searching for, full-time employment. His sentence was reduced from "producing" child pornography, a felony carrying with it a 20-year sentence to "possessing" child pornography, a 4-year felony.

In a precedent setting decision, the Michigan Supreme Court determined that when someone downloads information from the internet for his or her own personal use it constitutes possession, not producing or manufacturing. This case has widespread implications in a variety of areas, affecting the legal ramifications of downloading any type of material from the internet.

As a result of this decision, Hill was freed on "time served."

Often laws written before the explosion of personal computers, internet usage and cell phones have unintentional consequences when applied to modern day life. Here, the Supreme Court examined legislative intent and determined that the statutory scheme did not support imprisoning someone for a significant amount of time where it wasn't clear beyond a reasonable doubt that the accused intended to distribute the materials. The court explained "It is clear that the Legislature intended only that defendant could be convicted of the 4-year felony of knowingly possessing child sexually abusive material...Those who copy or duplicate existing prohibited images do not produce or make child sexually abusive material ... rather, they are only in possession of it."

Unfortunately in many situations law enforcement officers seek convictions on activities that do not fit within the original legislative intent. As a result, it is critical to obtain a knowledgeable and aggressive sex crimes defense attorney at once if you've been charged with a Michigan sex crime to fight for your future and ensure you don't become the victim of overzealous prosecution.

A group of Grand Rapids parents are circulating petitions to allow them to participate in their children's education through volunteering. At issue - past criminal convictions and the fact that some of the parent's names are on the Sex Offender Registry. The Grand Rapids school district, as well as all school districts in Kent and Ottawa counties - screens all school volunteers and will not allow anyone with a felony conviction to participate.

As stated by one parent, "Something you did back in the day when you were young and dumb, should not be allowed to haunt you forever and make you a less effective parent."

In fact, many of those with names on the sex crimes registry are there as a result of "Romeo/Juliet" type relationships.

Understanding that the involvement of parents is vital to their children's success at school, parents are requesting that the school decide whether to allow the parent volunteers on a case-by-case basis. Due to current laws, a parent whose name is on the registry will likely not be able to volunteer, but the petition circulated by the parents underscores the lasting impact youthful indiscretions may have on your future.

Hopefully, the school district will allow parents who are trying to do the right thing to be involved and make a difference in their child's education.

Continue reading "Past Mistakes Shouldn't Keep Those With Felony Convictions From Volunteering " »

A man lured into a sex sting has been found competent to stand trial and will appear Friday in Livingston County Circuit Court. The Detroit man was one of nine men caught in an undercover sex sting targeting individuals who use the internet to send pictures or explicit materials to minors.

With the proliferation of chat rooms and social networking sites, law enforcement agencies have increasingly set up "stings" by attempting to lure otherwise law-abiding citizens into inappropriate conversations with minors. When officers entice individuals into downloading or sharing inappropriate images over the internet, this may be used as evidence of criminal conduct, such as solicitation of a minor. However, if the police overstep their authority and violate individual's rights, the defense of entrapment may be used to gain an acquittal or dismissal of an internet sex crimes charge.

In Michigan, entrapment occurs when the police engage in impermissible conduct that would induce a law-abiding citizen under similar circumstances to commit the crime, or police engage in conduct so reprehensible that it cannot be tolerated by the court.

Continue reading "Man Lured Into Internet Sex Sting To Stand Trial" »

According to the Birmingham News, a Grand Rapids man, Timothy Ketchapaw, was arrested on Wednesday after being accused of giving massages to women participating in an all-night filming of "Touchback," a movie starring Kurt Russell. In 1997 Ketchapaw was arrested for indecent exposure and being sexually delinquent and was required to place his name on the Michigan Public Sex Offender Registry.

Placement of your name on the sex offender registry may affect your every day life by the loss of job opportunities, disqualification for government programs and the loss of freedom to live or visit where you choose. State law also prohibits those on the registry from being within 1,000 feet of schools. Reporting requirements and restrictions accompanying placement on list can be harsh and severely punish those who don't fully comply.

Here, the film was being shot at Coopersvile High School. If convicted of violating the terms of the school safety zone, Ketchapaw faces up to four years in jail.

Continue reading "Grand Rapids Man On Sex Offender Registry Arrested For Giving Massages " »