Michigan Sex Crime Attorneys Blog

March 27, 2014

Judge Requests Additional DNA Information in Rape Case Where Alleged Victim Cannot Identify Attacker

In 2011, a woman who is now 41 years old was allegedly raped near a playground at Jessie Loomis Elementary School by someone she claimed was following her. Now, a judge in the case is asking for additional DNA information after the woman could not identify 21-year-old Kevin D. Champion Jr., her alleged attacker.

According to a news article at Mlive.com, reports which were introduced at Champion’s March 24 preliminary hearing regarding crime lab test results from Michigan State Police were not specific enough. The DNA sample taken from Champion when the defendant was placed into the prison system matches a semen stain found on the victim’s hoodie, however Saginaw County District Judge Kyle Higgs Tarrant said that she was not comfortable with the lack of definitiveness.

Champion was charged with armed robbery, extortion, second-degree criminal sexual conduct involving a weapon, kidnapping, and three counts of first-degree CSC involving a weapon after allegedly attacking the victim, who had purchased an item for her neighbor at the T & M Market and was walking back toward her home at approximately 9 p.m. The victim claimed her attacker dragged her near the school’s playground area after placing her in a headlock.

She testified in court that she could not see all of her attacker’s face because of the hoodie he wore, and that he was armed with a silver gun which he threatened to hurt her with if she wasn’t quiet. The woman alleged that her attacker took her money and cell phone after taking off her shoes. He then proceeded to remove her pants before raping her.

Saginaw Police Officer Jonathon Beyerlein responded after one of the victim’s friends called 911. At trial, he testified that the victim could not identify Champion; two years later, she still could not identify him in a photo lineup after authorities had determined that the first DNA sample taken from Champion matched the evidence found on the woman’s hoodie. Champion is 5′ 8″ tall and weighs 145 pounds, however the woman described her attacker as about 5′ 6″ tall and weighing about 140 pounds. While she described him as tall, she explained during her testimony that because she is under 5 feet tall, someone who is 5′ 6″ is tall in comparison. The woman also described her attacker as “light skinned,” a description the defendant’s attorney said was a matter of opinion.

The remainder of Champion’s preliminary hearing has been postponed until the results of the second DNA swab are obtained, which Saginaw County Assistant Prosecutor Jennifer Barnes said could take three to six months.

March 14, 2014

Pinconning Man Gets One Year in Jail After Pleading No Contest to Sexual Assault of Girlfriend’s Daughter

by Scott Grabel

On Monday March 10, 25-year-old Joshua A. Kara of Pinconning was sentenced to one year in jail after pleading no contest to the sexual assault of his girlfriend’s teenage daughter, according to news reports at Mlive.com. Upon his release from jail, Kara was ordered to serve five years of probation.

Kara was charged with one count of second-degree criminal sexual conduct with an incapacitated victim and one count of fourth-degree CSC with a victim between the ages of 13 and 16. He pleaded no contest to the charges in January of this year.

In exchange for his no contest plea, prosecutors agreed to drop one count of first-degree criminal sexual conduct and one count of third-degree CSC, which both involve penetration and are more serious offenses than those Kara pleaded to.

Kara pleaded no contest to the charges due to the fact that he was intoxicated at the time of the incident, and has no memory of it according to his defense attorney, Matthew Reyes. A mistrial was declared last August when a jury found Kara not guilty of assault with intent to commit sexual penetration; however, the jury could not agree on the three remaining charges.

The incident allegedly took place in September of 2012 when a Pinconning woman said she was awakened by her daughter’s 13-year-old friend pounding on her door. The girl alleged that her mother’s boyfriend (Kara) had sexually assaulted her, and that she woke up to him taking off her clothes and fondling her. The girl claimed that she left the room and ran to the friend’s home.

Upon speaking to the alleged victim’s mother, deputies learned that she and Kara had come home around midnight after going out to a bar. She had no idea anything was going on until another daughter woke her up and informed her that police were at the door.

When deputies arrived at the girl’s home, Kara was sleeping. He said that he was at a loss for words, and that after arriving home from the bar, he had simply given his girlfriend’s daughter a hug goodnight. At trial, Kara maintained that he was innocent of the allegations against him.

March 6, 2014

Saginaw Township Man Headed to Circuit Court for Alleged Sexual Assault of Young Girl

by Scott Grabel

Matthew J. Martinez, a 21-year-old Saginaw Township man, is headed to Circuit Court after he allegedly sexually assaulted a girl who is now 17 years old, according to news reports at Mlive.com. Martinez waived his right to a preliminary hearing on February 28 after appearing before Saginaw County District Judge Terry L. Clark.

News reports do not indicate the age of the alleged victim when the sexual assault took place, only that Martinez sexually assaulted her on multiple occasions in Saginaw Township. He has been charged with three counts of first-degree criminal sexual conduct, the most serious sexual offense in Michigan which carries a maximum criminal penalty of life in prison for those convicted.

Martinez may choose to plead guilty, no contest, or accept a plea agreement from prosecutors if offered at Circuit Court; he may also choose to proceed to trial if he maintains that he is innocent. He remains in jail on a $225,000 bond.

Michigan sex crime attorneys know that in cases like this where the defendant and alleged victim are relatively close in age, it is often a case where the victim willingly engages in sexual intercourse. Even so, it is against the law regardless of whether the victim is a willing participant. Sex offenses that involve penetration will leave the alleged offender facing extremely serious consequences if convicted. Not only may the individual face a lifetime behind bars, he or she will also be required to register as a sex offender and face other criminal penalties as well.

February 6, 2014

Oakland County Teens Face Sexual Assault Charges in Connection with Video of Minor

by Scott Grabel

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.

January 28, 2014

Hemlock Man Pleads Not Guilty to Sexual Assault of Relative

by Scott Grabel

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.

January 21, 2014

Grand Rapids Man Whose Son Was Found Wandering the Neighborhood Alone Arrested for Sexual Assault

by Scott Grabel

On Friday January 17, Alfidio Benitez Cruz was arrested for alleged sexual assault after his own 4-year-old son was found wandering alone in his Grand Rapids neighborhood. Police responded to Cruz’s home after a passing motorist found his son in the area of Buchanan Avenue and Griggs Street SW, crying for his mother.

According to news reports at Mlive.com, the boy’s mother was taking another child to a hospital, and left the 4-year-old alone at home sleeping. She believed that Cruz would be home from work shortly, according to police. Cruz’ commute was prolonged due to weather conditions. When he made it home approximately one hour after his son had been found by the passing motorist, he was arrested for second-degree CSC on a warrant out of Kentwood involving another child, not his son. The child he is accused of sexually assaulting is a 6-year-old girl who is the daughter of a woman Cruz lived with in April of 2012.

Court documents indicate the girl told authorities that Cruz inappropriately touched her on one occasion, and attempted to get her to touch him; he denied the accusations at first, then admitted that he “may” have touched her as he and the girl were playing. A warrant for Cruz’ arrest was issued in May of 2012.

While Cruz remains jailed on a $2,500, his probable cause hearing is scheduled for January 27.

When it comes to situations involving the alleged sexual abuse of a young child, it’s often difficult to know whether the child has been coerced by adults into saying things that are not true, or perhaps even seen similar situations on television which lead them to make up stories. Certainly there are young children who are victims of sexual assault, but there are also many individuals who are innocent of the accusations against them who are ultimately convicted and sentenced to time behind bars.

January 1, 2014

Hancock Man Who Volunteered with High School Hockey Team Pleads Guilty to CSC with Student

by Scott Grabel

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.

December 18, 2013

Ann Arbor Habitual Sex Offender Sentenced to Up to 15 Years for Sexual Assault of Boy

by Scott Grabel

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.

December 17, 2013

Judge Rules Saginaw Man Charged with Sexual Assault Mentally Fit for Trial

by Scott Grabel

Derrick Conway, a 50-year-old Saginaw man, has been charged with sexually assaulting a mentally handicapped woman from April to June of this year, according to a news article at Mlive.com. Conway, who was charged with five counts of first-degree criminal sexual conduct, underwent examination to determine if he is mentally fit to face trial. The defendant was found mentally competent according to a report from the Center for Forensic Psychiatry.

The alleged victim is said to be in her early 20s. According to his arrest warrant Conway assaulted the victim who was determined to be mentally incapacitated or incapable, or physically helpless using coercion or force and/or caused personal injury. Conway’s defense lawyer, Philip Sturtz, requested an exam to determine whether his client is mentally fit. Following Saginaw County District Judge M.T. Thompson’s ruling on Monday that Conway is mentally fit to stand trial, his preliminary hearing was scheduled for December 19. A preliminary hearing is when it is determined whether probable cause exists for trial.

If convicted, Conway will face a maximum sentence of life in prison. He remains in jail on a $500,000 bond.

First-degree criminal sexual conduct is the most serious sex crime of all, leaving those accused facing life-changing penalties if convicted. Depending on the circumstances, individuals who are found guilty may be sentenced to up to life behind bars. All sex offenses are serious, and require the legal guidance and support of a capable Michigan sex crime defense attorney.

December 4, 2013

Grand Rapids Man Pleads Guilty to Soliciting Teen Girls for Sex Via Facebook

by Scott Grabel

On Tuesday December 3, 38-year-old Thabet Mahdi Saleh of Grand Rapids pleaded guilty to soliciting young girls for sex using Facebook, according to a news article at Mlive.com. Because of his guilty plea, Saleh could escape serving prison time.

Saleh agreed to a plea deal in which two charges would be dropped in exchange for his pleading guilty to accosting a child using a computer. He was initially charged with accosting children for immoral purposes and using a computer to commit a crime in connection with using the social media site to solicit three girls who were 13 and 14 years old for sex.

Police claim Saleh used Facebook sometime between September and October of last year to offer the girls money in exchange for sex; the girls reportedly live in Comstock Park and Wyoming. Saleh initially turned down a plea agreement offered by prosecutors. Had he gone to trial and been convicted of the charges, he would have faced up to 10 years in prison. A probable cause affidavit revealed that the origin of the messages sent to the girls were traced to Saleh after police obtained records from his Internet services provider.

Saleh’s trial was scheduled for December 2, but he decided to admit to the charges instead. News reports indicate that Saleh will likely avoid prison time, and will instead be placed on probation and required to register as a sex offender. His sentencing is scheduled for January 22; he remains free on a $30,000 personal recognizance bond.

Sex offenses are punished harshly in Michigan; penalties often include any number of years up to life in prison, substantial fines, and other consequences. For many, having to register as a sex offender is the most damaging punishment of all. Registered sex offenders face many difficulties which include not only a ruined reputation and career, but restrictions on where they can live or even work.