Articles Posted in Criminal Sexual Conduct

Travis Applewhite, a 27-year-old Ypsilanti Township man, recently waived his right to a preliminary hearing in a case involving alleged criminal sexual conduct with a child under 13 in the second-degree. At his May 30 court appearance before Judge Richard Conlin for a preliminary examination of the evidence against him, Applewhite stood mute and requested a plea of not guilty be entered by the court on his behalf.

Applewhite was arrested and charged with second-degree CSC on May 7 following an alleged assault which was reported to have taken place in March of this year at an Ann Arbor residence, according to a news article at AnnArbor.com. The defendant told Magistrate Thomas Truesdell at the time of his arrest that there were no other criminal charges pending against him, and that he had never been convicted of a felony offense.

Applewhite’s bond was set at 10 percent of $5,000, although he remains at the Washtenaw County Jail. A pre-trial hearing has been scheduled for June 12 before circuit court Judge Archie Brown.

If convicted, Applewhite could be sentenced to up to 15 years in prison.

Michigan sex criminal defense lawyers know that the potential consequences for anyone accused of a sex-related offense are serious and often life-changing. Not only may an individual face a lengthy prison sentence, he or she may also be required to register as a sex offender. Registered sex offenders are often shunned by society; obtaining employment or even housing can be difficult. Individuals convicted of second-degree criminal sexual conduct may find themselves facing 15 years behind bars, and a lifetime of electronic monitoring.

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In March of this year, 59-year-old Reuben R. Martinez Sr. was charged with sexually assaulting a female relative over the course of five years. He was charged with two counts of first-degree CSC and two counts of second-degree CSC against someone under the age of 13. Now, according to a news article at Mlive.com, Martinez has requested to be given a polygraph test.

Martinez allegedly assaulted the young female relative beginning in August of 2007 when she was five years old; the sexual assaults continued through August of 2012 according to prosecutors in the case. Martinez was arrested on March 18 by Michigan State Police after prosecutors secured an arrest warrant against the defendant on February 7.

On Monday May 20 Martinez waived his right to a preliminary hearing before Saginaw County District Judge Terry L. Clark. He has been bound over to Circuit Court for trial, and currently remains in jail on a $110,000 or 10 percent bond. Martinez pleaded not guilty to the sexual assault charges on March 19 in front of Saginaw County District Judge M.T. Thompson.

Martinez waived his right to a preliminary hearing so that he can take a polygraph test. While the results of a polygraph are not admissible in court, they can help prosecutors determine whether to proceed forward or drop the charges against an individual accused of a criminal offense.

As all Michigan sex crime lawyers know, there are situations in which an innocent person is accused of a crime he or she did not commit. News reports do not indicate that Martinez has a prior criminal record, and his desire to take a polygraph test may further support whether he is innocent. When a victim is under the age of 13, the mandatory minimum prison sentence for a conviction of first-degree criminal sexual conduct is 25 years.

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In April of this year, 21-year-old Alyssa D. Jones pleaded guilty to sexually assaulting the underage brothers of her boyfriend. Jones, who lives in Bay City, pleaded guilty to two counts of assault with intent to commit sexual penetration. She was scheduled to be sentenced on Monday, May 13. The sentencing hearing has now been rescheduled for Monday, June 3 after Jones decided to change defense attorneys.

The defendant was initially charged with two counts of second-degree criminal sexual conduct and four counts of third-degree CSC with a person between the ages of 13 and 15. Prosecutors dismissed these charges in exchange for Jones’ pleas.

According to a news report at Mlive.com, Jones’ boyfriend, who was 17 years old, lived with his mother and two brothers who were 14 and 15 years old. On October 1 Bay City police were called to the home after receiving a report of domestic violence. Jones and her boyfriend were involved in an altercation after she allegedly told her boyfriend that she had sex with his 15-year-old brother, according to what police were told by the boys’ mother. She also said that the 15-year-old had a hickey on his neck, and that Jones admitted she was responsible.

The younger siblings arrived at the home while police were on the scene. It was at this point that the 14-year-old revealed to his mother that he had also engaged in sexual activity with Jones recently. Court records indicate that the boys’ mother requested Jones be arrested by police.

Both of the younger boys were interviewed in late October by staff at the Nathan Weidner Children’s Advocacy Center, and claimed that on the same day, both had sex with the defendant at their home.

Assault with intent to commit sexual penetration is a 10-year felony offense. Michigan sex crime lawyers know that not only may the defendant in this case spend substantial time behind bars, she may also be required to register as a sex offender, punishment which will no doubt affect her ability to secure employment and negatively impact other areas of her life.

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In March, 35-year-old Benjamin David Franklin II who was the principal and administrator of Munising Baptist Church and School was arrested in connection with alleged sexual activity with a student at the school, and charged with one count of third-degree criminal sexual conduct. Franklin was arraigned in Alger County District Court.

On May 9, a news article at UpperMichigansSource.com indicated that Franklin is now facing additional charges in regards to his alleged involvement with the teenage female student. According to the report, the defendant is now facing two additional charges of CSC in the third degree after the criminal complaint was amended. Franklin was bound over to circuit court after waiving his preliminary hearing on Thursday, May 9.

Franklin is accused of engaging in sexual conduct with a female student who was said to be between the ages of 16 and 18. Upon learning of the allegations on March 12, families were notified by school officials that Franklin had resigned his position; ten days later families of the school students were informed that a police investigation into the allegations was underway.

Franklin’s bond was set at $5,000; he was released immediately following his arraignment and remains free. He currently resides in St. Joseph, IL.

Without a capable team of Michigan sex crime defense attorneys defending your freedom, charges of third-degree criminal sexual conduct could leave you facing a substantial length of time behind bars. Not only that, your career and reputation will likely be ruined, and being labeled a sex offender will negatively impact your life forever, creating a stigma that follows you wherever you may go.

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On March 28 of this year, 58-year-old Andrew M. Howell, a longtime substitute teacher at Farmington Public Schools, was charged with second-degree criminal sexual conduct in connection with an incident involving a 7-year-old student. A preliminary exam was scheduled for April 17 in 47th District Court before Judge Marla Parker.

Howell, a resident of Farmington Hills, allegedly touched the child inappropriately on March 19 as he was substituting. According to a news article at C & G News, Howell picked up the girl to put her on his lap, and in the process placed his hands between her legs or on her bottom. Howell’s defense attorney, Mitch Ribitwer, said in news reports that he had not seen the entire discovery.

At his March 29 arraignment hearing before Judge James Brady, Howell was given a $1 million cash or surety bond; because the defendant allegedly admitted his sexual feelings toward minors to police, a reduction in his bond amount was denied.

Howell has been a substitute teacher for more than 25 years according to a news article at Mlive.com. If convicted of second-degree criminal sexual conduct, he could face up to 15 years in prison. He may also be subject to lifetime monitoring with a GPS tether, and required to register as a sex offender for life.

Michigan sex criminal defense attorneys know that an individual may be charged with second-degree CSC if he or she engages in sexual contact with a person who is younger than 13 under Michigan’s Penal Code 750.520c. There are also many other factors which may lead to charges of criminal sexual conduct 2nd degree. The penalties are severe, and unfortunately many innocent people sit behind prison bars today for crimes they did not commit.

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Paul Shamblin, a building inspector for Valley and Lee Townships in Allegan County, was recently arrested and accused of what news reports refer to as a “disturbing” sex crime. According to Newschannel 3, Shamblin will be charged with one count of aggravated indecent exposure and two counts each of third- and fourth-degree criminal sexual conduct.

Scott Owen, Lee Township Supervisor, called the news a “shock” and said, “I think my eyebrows hit my hairline.” Owen stated he did not know what the charges would mean for the community, but that everyone is innocent until proven guilty.

The charges stem from a list of sex acts allegedly committed against an 18-year-old girl who moved into Shamblin’s home in September of 2012 while his wife was in the hospital. News reports claim that the alleged victim is cognitively impaired, and possesses the mental capacities of a first-grader. Court documents claim the sexual abuse continued for approximately four months.

Shamblin was released on a $100,000 bond and arraigned on the charges on Tuesday, February 26.

According to the victim’s father, Shamblin and the girl had met when he (the teen’s father) was having repairs made to his motorcycle at Shamblin’s shop last summer. He said that he was unaware that the relationship between his daughter and Shamblin had developed into something more.

Michigan sex crime attorneys understand that under Michigan’s Penal Code 750.520d, an individual may be found guilty of third-degree CSC if sexual penetration occurs with an individual who is mentally incapacitated or incapable, and the perpetrator is aware of the fact. A conviction could result in up to 15 years in prison, depending on a number of factors including the defendant’s criminal history.

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In recent weeks, three individuals have been arraigned on charges connected to the sexual assault, torture, and unlawful imprisonment of two individuals. Now, an 18-year-old Port Huron resident, Talon Shaicar Ferguson, has been charged in connection with the alleged crimes which according to news reports took place over a three-week time period.

Ferguson and three others were scheduled for a February 12 preliminary examination in front of Judge Cynthia Platzer. The Voice news stated that Ferguson was charged with two counts of third-degree criminal sexual conduct. The defendants allegedly raped and tortured a man and woman, who were held captive by the four men who were all teens except for 21-year-old Vito Hale, believed to be the “ringleader.” The other two suspects include 18-year-old Bobby Main and 19-year-old Conrad Evenson. The group is alleged to have committed the crimes at a Port Huron home in the 400 block of 14th Street.

Hale denied being the ringleader of the group, saying “I’m not getting in trouble for all of it because I wasn’t the ringleader.” Hale was incarcerated in the St. Clair County Jail when he made the statement during a video arraignment.

Bobby Joe Main was charged with two counts of unlawful imprisonment, torture, and two counts of first-degree criminal sexual conduct.

Conrad Evenson was charged with one count of first-degree criminal sexual assault, two counts of unlawful imprisonment and torture.

Vito Hale faces charges of torture, two counts of unlawful imprisonment, and three counts of first-degree criminal sexual conduct.

All four of the suspects were being held without bond. Assistant Prosecutor Amy Stover said that extensive evidence against the men was found on cell phones, on social media sites.

Michigan sex crime attorneys know the criminal penalties individuals face if convicted of first-, second-, or third-degree criminal sexual conduct are serious. In fact, those convicted of first-degree CSC may face life in prison. It is essential that those accused of or charged with these types of offenses seek legal guidance and protection at once in order to have the best chance of avoiding a conviction and the resulting penalties.

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Dr. Jeffrey L. Dembs, a 61-year-old pediatrician at My Kid’s Doc, a private medical practice in Novi that caters to children, was arrested in November of 2012 for allegedly sexually assaulting a child younger than 13. He now faces three counts, including two counts of second-degree CSC against a victim younger than 13, and one count of first-degree criminal sexual conduct.

Gerald Gleeson, Dembs’ attorney, said that “We categorically deny the charges and I look forward to vindicating him.”

Dembs, a resident of West Bloomfield, was arrested for the incidents which were believed to have taken place between spring of 2009 and summer of 2010, although news sources do not give any details about the alleged crimes or the victim.

The My Kid’s Doc office specializes in pediatrics, and is led by Dr. Dembs, along with Sheryl Hirsch and Sharon Tice. Employees at the facility are “shocked and saddened” according to news reports. Dembs was released after paying a $150,000 bond on December 11, and was scheduled to appear on January 7 before Judge Daniel P. O’Brien for his arraignment, but chose to do so by mail. News reports indicate that Dembs’ pretrial is scheduled for February 8, 2013 at 8:30 a.m.

Michigan sex crimes defense attorneys know that individuals who are convicted on charges of first-degree criminal sexual conduct may be sentenced to life in prison. Several readers who commented on these news articles stated that they had used Dr. Dembs for decades for their children, and were even his patients as children themselves. While the allegations against Dembs may be true, lawyers who concentrate on this aspect of the law also know that innocent people are wrongfully accused every day.

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John Sklar Jr. was arraigned in Ingham County District Court on Friday December 21 after being charged with sexual abuse of a boy in June of 2011, when the alleged victim was 14 years old. Sklar was charged with one count of distributing sexually explicit material to a child, and two counts of first-degree criminal sexual conduct.

News reports state that the alleged victim reported to police in November of this year that he had been sexually assaulted last year in Delhi Township, where Sklar was living at the time. Police then began investigating the allegation. A search warrant was executed by the Macomb and Ingham county sheriff’s offices. The Michigan State Police Crimes Against Children Task Force is currently analyzing items which were seized at Sklar’s residence.

The defendant, John Frank Sklar Jr., was convicted on sex charges in Oakland County in 1998, and is a registered sex offender. The Lansing State Journal reports that according to Ingham County Detective Annie Harrison, Sklar was arrested on Monday, December 17 on unrelated charges in Mount Clemens; he was then transferred to Lansing, where he is being held without bond in the Ingham County jail. Sklar is scheduled to appear in court for a pretrial conference on January 2.

Michigan sex crime attorneys know that charges of first-degree criminal sexual conduct are extremely serious, subjecting the accused to severe penalties if convicted. Because the defendant in this case is a registered sex offender, he will likely face punishment that is even more severe.

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