Articles Posted in Criminal Sexual Conduct

Three Oakland County teens were recently charged with sexually assaulting a 15-year-old Clawson High School girl after they allegedly used a cell phone to capture sex acts between themselves and the victim, according to news reports. The Macomb Daily identified the three teenagers as 17-year-old Travion Watkins and 18-year-old Terry Watts of Pontiac, and 17-year-old Kheimoni Slaton of Clawson.

The defendants allegedly engaged in sexual intercourse and fellatio with the minor student in October of 2013. New reports indicate that all three of the suspects attended Clawson High School when the alleged sexual assaults occurred. According to police, Watts’ cell phone was used to record the sex acts, which were then shown to other students at the school.

One of the defendants attempted to erase the video from the cell phone once it was learned that school officials had been notified of the assault, however the Oakland County Sheriff’s Department retrieved it.

The three teens have each been charged with three counts of third-degree criminal sexual conduct. Troy District Judge Kirsten Nielsen-Hartig set bond at $50,000, 10% for each of the defendants, who remained in jail pending a preliminary exam. If the teenagers are found guilty of third-degree CSC, each could face a maximum of 15 years in prison.

Third-degree criminal sexual conduct is a felony offense in Michigan, and involves penetration. Considering the ages of the defendants, each will be in his 30s before regaining freedom if convicted. While it is likely the defendants had no idea of the harsh punishment they would face if caught, it is still a crime even when an alleged victim cooperates if that person is younger than 16 years old.

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On January 17, 22-year-old Brandon W. Payne was arraigned on charges of sexual assault. Payne pleaded not guilty to three counts of first-degree criminal sexual conduct against someone under the age of 13 and against a relative according to news reports at Mlive.com. He is accused of sexually assaulting a female relative from 2009 to 2013 beginning when the alleged victim was 12 years old.

Payne lives near the Midland County border on Tittabawassee; after entering his not guilty plea, Payne was ordered held on a $600,000 bond by Saginaw County District Judge Terry L. Clark. Defendants have a right to a preliminary hearing within 14 days of being arraigned, however Payne waived that right before District Judge A.T. Frank on Friday. A new date for the preliminary hearing has not yet been set.

Michigan sex crime defense attorneys understand the serious consequences Payne may face if the case proceeds to trial and he is found guilty. At 22 years old, he may face a lifetime behind bars. First-degree criminal sexual conduct is the most serious sex crime anyone can be charged with, and involves penetration. Considering the alleged victim in this case was younger than 13 when the sexual abuse began, the minimum sentence if Payne is convicted is 25 years in prison.

If Payne is indeed innocent of the allegations against him, it is understandable that he would plead not guilty. However, many defendants choose to negotiate a plea agreement with the prosecutor, which can and often does result in a reduced sentence. The penalty for first-degree CSC is as serious as the punishment for murder. For this reason, it is critical for anyone who is charged with this offense to consult with a highly regarded defense lawyer who will work with the accused to determine the best strategy to protect the individual’s freedom and legal rights.

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In October of this year, Bradley Aldrich was charged with multiple sex offenses according to Examiner.com. Aldrich, who is 30 years old, was a volunteer coach for the Houghton High School hockey team according to Uppermichiganssource.com. The Examiner claims Aldrich was the assistant coach, and that he was suspended indefinitely following allegations that felony sexual acts were committed upon a student at the high school.

Regardless of whether Aldrich was a volunteer or assistant coach, criminal sexual conduct charges are serious. News reports indicate that Aldrich engaged in sexual conduct with a student between the ages of 16 and 18. Aldrich was arrested and arraigned in Houghton County, charged with third-degree criminal sexual conduct with a student between the ages of 16-18, and fourth-degree CSC with a student between the ages of 16-18. Third-degree CSC is a felony, fourth-degree CSC a high court misdemeanor.

News reports indicate that the alleged sexual misconduct took place in March of this year. On December 16, Aldrich pleaded guilty to the fourth-degree criminal sexual conduct charge; prosecutors dismissed the third-degree CSC charge in exchange for the defendant’s plea.

Aldrich remains in the Houghton County Jail and is expected to be sentenced in mid-January.

Had the third-degree criminal sexual conduct charges against Aldrich not been dismissed, he would have faced up to 15 years in prison. Fourth-degree CSC is punishable by fines of up to $500 and up to two years in prison.

Sex crimes are punished harshly in the state of Michigan. For example, a person who is convicted of first-degree criminal sexual conduct may face up to life behind bars. Many individuals convicted of sex-related offenses are sentenced to lifetime monitoring, and required to register as a sex offender. Being labeled a sex offender creates many hardships on an individual, which last a lifetime.

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Ashley Poe, a 19-year-old Ann Arbor resident, was recently sentenced in the Washtenaw County Trial Court to 10 to 15 years in prison for allegedly sexually assaulting an “at-risk runaway,” according to news reports at Mlive.com. Poe pleaded guilty; she allegedly assaulted the boy just two weeks after her release from jail for a similar offense.

In November, Poe accepted a plea deal in which her status as a habitual offender and one of the two counts of third-degree criminal sexual conduct would be dismissed. The defendant allegedly assaulted a male victim who was between the ages of 13 and 16 at a residence in Ann Arbor in September. Poe had been released just two weeks earlier after serving a one year term for a separate offense involving the sexual assault of two victims, a 13-year-old female and 14-year-old male. According to a police report, the victims in this case were part of a group of runaways. Poe maintains that while she did have sex with the 14-year-old boy underneath an Ann Arbor bridge in July of 2012, she did not force him.

In the plea agreement for the current offense, Judge Archie Brown would not agree to a sentencing agreement.

Poe also pleaded no contest in the September 2012 case, having one count each of second- and third-degree CSC and accosting a child for immoral purposes dismissed in exchange for her plea to two additional counts of assault with intent to commit second-degree CSC.

Sexual assault is a serious crime that is punished harshly in the state of Michigan. Depending on the circumstances and whether penetration is involved, those accused may face up to life in prison if convicted of first-degree CSC, the most serious sex crime of all. While several years or even life behind bars is something no one wants to face, other punishment is often just as devastating. Those accused often face a ruined reputation and career, even the deterioration of relationships. Those required to register as sex offenders remain under a stigma for life, usually shunned by society. Being labeled a sex offender creates many hardships and may impact where an individual may live, or even work.

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In September, we wrote about 44-year-old William Meni, a Gwinn man who had been charged with eight counts for the alleged sexual abuse of three children who were younger than 13 years old at the time the sexual abuse occurred.

The alleged sexual assaults took place in 1995 & 1996, 2007 through 2008, and in 2012 according to news reports at Uppermichiganssource.com. Approximately one week after we wrote about the case, a Marquette jury found Meni guilty on seven of the counts which include first- and second-degree criminal sexual conduct.

On November 8, Meni was sentenced to a minimum of 30 years in prison; he could spend up to 75 years behind bars. Two of the alleged victims testified at trial; one of the girls said that among other things, Meni performed oral sex on her as she was sleeping on a couch. Another girl said that she never revealed the sexual abuse until she was a teenager, playing “truth or dare” with some friends who urged her to tell her mother. When she did, her mother asked her if she wanted to report it to police. The defense dwelled on the fact that the girl’s mother had left it up to her daughter whether to report the assault. The girl said that among other incidents, Meni had performed sexual intercourse with her.

First-degree criminal sexual conduct is the most serious of all sex crimes. The maximum penalty for those convicted is life in prison. Considering Meni will spend 30 to 75 years in prison, he will be in his mid 70s before there is any possibility for his release, if he only serves 30 years.

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Robert Messer, a 37-year-old father of two, was recently charged with numerous counts of criminal sexual conduct in connection with a 15-year-old Plymouth girl who went missing in October. Messer, of Salem Township, is divorced from his wife, who testified at a probable cause hearing on Friday. Messer and the alleged victim, Emily Lalinsky, allegedly ran off together on a planned trip to Ann Arbor; the two were found together in a field near Messer’s home.

At his probable cause hearing, Messer’s ex-wife claimed that she told authorities last year that she suspected Messer and Lalinsky were involved in a romantic relationship. When the two did not return as planned from their trip to Ann Arbor, police began searching for them. This is when Messer and the victim were found in a field in Washtenaw County.

Messer was a friend of Lalinsky’s family, according to news reports. After seeing media reports regarding the missing teen, someone spotted the defendant’s truck, which was partially hidden behind a travel trailer. The person called 9-1-1, and police located the two, believing they had been in the field the entire time the girl had been reported missing.

Lalinsky’s mother, Lisa Schwartz, said that her daughter and Messer had often gone on day trips together, often taking pictures around the city. The two claimed to be in love, both leaving notes and apologizing for leaving suddenly.

Messer has been charged with one count of first-degree criminal sexual conduct, four counts of third-degree CSC, and one count of accosting a child for immoral purposes. Lalinsky’s mother claimed that she never suspected there was anything untoward about the relationship, and that her daughter regarded Messer as a father figure. She felt that Messer’s ex-wife made the allegations in order to get custody of the two children she and Messer share.

If the case moves to trial and Messer is convicted, he could potentially face life in prison. First-degree CSC is the most serious of all sex offenses, and involves penetration.

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Kevin Eugene Dengel is a man called “arrogant” in news articles, a former paraprofessional for Grand Rapids Public Schools accused of six counts of criminal sexual conduct. Dengel allegedly touched the buttocks and breasts of two 13-year-old eighth graders during his tenure at Sherwood Park Global Studies Academy, according to a news article at Mlive.com.

Dengel who is 44 years old has been charged with six counts of second-degree criminal sexual conduct. If convicted, he will face up to 15 years in prison. His defense attorney claims that Dengel’s tendency to annoy people and a defiant, undisciplined student body led to the misunderstanding. Several instances of Dengel touching the girls in an inappropriate manner have allegedly occurred. One of the alleged victims testified in court that the defendant had touched her buttocks on two occasions; on one occasion, she said he said it was an accident and apologized, and that she believed him because she liked to think the best of people. On the second occasion, she said Dengel apologized again, stating that his hand has a “mind of its own.”

The second alleged victim testified that Dengel had rubbed his shoulder against her breasts on two occasions, and had touched her with his hand. She alleged that after reporting the incident, Dengel stared her down and she called him a pervert.

The incidents went unreported until April, when the two alleged victims were in a discussion with the principal regarding statements Dengel allegedly made about a student who had been expelled from school because of a fight. Discussion of fights on the campus are forbidden according to school rules in order to prevent reigniting confrontations. Dengel’s defense lawyer argues this confrontation is what led the two girls to accuse Dengel of inappropriately touching them.

Ultimately, Dengel’s defense attorney states he will prove his client is innocent, that any touching which may have occurred was unintentional and that the two girls are simply trying to get back at Dengel, who is said to be an annoying personality with an arrogant attitude.

Michigan sex crime defense attorneys know that there are many occasions on which innocent people are accused of sex-related crimes they did not commit. In this case, Dengel is a man who seems not to be well liked by either teachers or students because of his “annoying” and arrogant attitude. In cases such as this where there is no physical evidence and the outcome relies on the testimony of alleged victims, innocent people may end up behind bars.

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In June, we wrote about Jamila Williams, a Grand Rapids public school teacher who allegedly engaged in sexual relations with two teenage boys. Recently, Williams was sentenced to between eight and 15 years in prison for having sex with the teenage students.

36-year-old Williams is now banned from having any unsupervised contact with children under the age of 16; she was suspended from her position at Grand Rapids University Prep Academy, where she had been a math teacher.

In September, the defendant pleaded no contest to four counts of criminal sexual conduct with the teens. In exchange for her plea, three additional charges were dropped by the Kent County Prosecutor’s Office. While Williams apologized, saying that she broke the trust of the students she was dedicated to helping make successful, Judge Paul Sullivan called the harm the defendant had brought to students, the victims’ families, and the school “incalculable.”

Grand Rapids Police claimed in court that Williams engaged in sexual activity with the four boys at various locations, including a one of the victim’s homes, a car, an alley, and at a Golden Corral Restaurant. A mother of one of the victims claimed that Williams had sexual relations with her teenage son during school hours inside a locked classroom.

At her sentencing, Williams stated that she did not prey on the teens, and that she was not a predator.

Because Williams pleaded no contest to the charges, she may petition the Michigan appeals court to hear her case, but does not have the automatic right as an individual would if he or she were found guilty at trial. News articles indicate that Williams will be required to register as a sex offender for life.

In the state of Michigan, crimes involving sexual assault, rape, child pornography, or other offenses of a sexual nature are taken very seriously. Those convicted are punished harshly, often spending years or even life behind bars depending on the circumstances. However, there are many innocent people who face life-changing consequences for crimes they did not commit. While prison time is absolutely something no one wants to face, being placed on the Sex Offender Registry for life is perhaps even worse punishment.

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In March of this year, we wrote about a former Byron Center teacher and girls’ basketball coach who had been accused of sexual assault. Now, 42-year-old Glenn Robert Davis has been sentenced, his alleged victim pleading for the judge’s mercy in sentencing Davis.

On Thursday October 10, Davis was sentenced to between six and 30 years in prison by Kent County Circuit Court Judge Dennis Leiber. Davis pleaded guilty to a single count of first-degree criminal sexual conduct in September, although he was initially charged with three counts of CSC.

The relationship between Davis and the teenage girl began as a friendship, and then developed into a sexual relationship according to a news article at Mlive.com. The defendant watched the girl as she spoke in the courtroom on Thursday, telling him that she still cared for him, and that she knew God has something special planned for Davis. The victim also wrote two letters pleading for the judge’s mercy when sentencing Davis, which Judge Leiber read.

The friendship began in September of 2012 when the teacher and basketball coach met the victim during her freshman year; she was a student in Davis’s math class. At some point, Davis and his student engaged in sexual activity at Davis’s home where he lived with his wife and two young children. The two allegedly had sex in a camper.

The victim wrote in the letters to Judge Leiber that Davis was an “amazing man,” and that he never hurt or pressured her, and was not a pedophile. She went on to say that she was fighting on his behalf, and that she loved and cared about the defendant “more than anything else in this world.”

Davis told the victim during the hearing that he had turned her world upside down, and betrayed her trust. He apologized to the girl’s family, and asked the judge for mercy. According to Davis, he is designing a program educating people about the law, appropriate relationships between teachers and students, and how media and the Internet have resulted in students who are maturing at a faster rate.

Had Davis not pleaded guilty to one count of first-degree CSC, he may have faced up to life in prison had he been convicted by a jury. Michigan sex crime defense attorneys understand the seriousness of these types of charges, and the harsh criminal penalties those accused face. In addition, those facing sexual assault accusations suffer for the rest of their lives, many required to register as sex offenders. Reputations and careers are often ruined.

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On September 13, 30-year-old Stephen Larkin was charged with three counts of fourth-degree criminal sexual conduct in connection with the alleged sexual assault of a 16-year-old female student at West Bloomfield High School. Larkin teaches social studies and history at the school, and has been placed on administrative leave of absence.

The victim alleged that during a one-on-one tutoring session in a classroom at the high school, Larkin touched her inappropriately according to Lt. Tim Diamond of the West Bloomfield Police department.

A news article at the Detroit News states that the victim complained about the teacher with her parents at the school, then filed a report with police on May 31. Larkin pleaded not guilty to the misdemeanor charges and was released on a $10,000 cash bond. He is also a girl’s golf coach at the high school. The court also ordered Larkin to wear a GPS tether.

On October 1 during a preliminary exam, prosecutors in the case requested that an additional charge of fourth-degree CSC be tacked on to Larkin’s charges; Judge Diane D’Agostini granted the request. The victim, according to court records, was the only person to testify at the hearing.

Each of the fourth-degree CSC charges is a two-year misdemeanor. Larkin is scheduled to appear for arraignment on October 14 at Oakland County Circuit Court before Judge Daniel P. O’Brien.

Fourth-degree criminal sexual conduct leaves the accused facing penalties which include potential fines and up to two years in prison if convicted. While these penalties are not to be taken lightly, the impact otherwise on an individual’s life can be serious. In this case, not only may the teacher’s reputation be ruined, his career may suffer as well.

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