On Monday July 15, Saginaw County Circuit Judge James T. Borchard dismissed four felony charges of second-degree criminal sexual conduct against Alan J. Blaney due to the defendant being found mentally incompetent more than 15 months earlier according to a news article at Mlive.com. Blaney allegedly told police at some point that he had “too many” sexual assault victims to remember them all.
George C. Bush, Blaney’s lawyer, filed the motion to dismiss the charges against his client based on the fact that the 15-month deadline provided in a provision of the state’s Mental Health Code of 1974 was missed. The news article pointed out that the judge dismissed the charge and that the assistant prosecutor “reluctantly” agreed with Bush regarding the statute. Randy Price, Saginaw County Assistant Prosecutor, indicated that the process of filing a petition to have Blaney institutionalized was underway by the prosecutor’s office.
Blaney, who is now 25 years old, remains in jail. Initially charged with second-degree criminal sexual conduct in August of 2011, he has been found mentally competent one time by psychiatrists who have argued whether he is competent to stand trial; he was determined to be incompetent five times. Bush said on Monday that personnel at the Kalamazoo Psychiatric Hospital had declared Blaney incompetent at least three times since October of 2011, when it was determined that his client was incompetent by personnel at Ypsilanti’s Center for Forensic Psychiatry.
Blaney was charged with the four counts of second-degree criminal sexual conduct in connection with the alleged assault of a 2-year-old girl in August of 2011. Blaney was labeled by Sheriff William L. Federspiel as a “self-professed serial pedophile.”
Michigan sex crime lawyers know the serious criminal penalties individuals face when convicted of these types of offenses. If Blaney had been convicted, he would likely have faced many years in prison as the maximum penalty for second-degree CSC is 15 years.
If you or someone you know has been accused of a sex-related offense, take action to protect your freedom and legal rights. Consult with a capable and aggressive Michigan sex crime attorney immediately.