Michigan Sex Crime Attorneys Blog

February 17, 2011

Michigan Sex Offender Registry Investigation Reveals Inconsistencies And Injustice

A recent Grand Rapids investigation into just whose name is on the Michigan sex offender registry and whether those people are really predators revealed some disturbing statistics.

The Michigan Public Sex Offender Registry (PSOR), which is designed to inform the public about “sexual predators” in their neighborhood, places anyone who is convicted of a Michigan sex offense on the registry. Nearly 1900 names from Kent County alone are on the list. Once on the registry, a person’s name may be there for several years to life.

If you have been charged with any Michigan sex crime, it is crucial to contact an experienced sex crimes defense lawyer to provide a vigorous defense and keep your name off the list.

While some people who are the list could be considered “predators” and dangerous, many others are not. As stated in the Target 8 investigation “[w]ith few details about why a sex offender is on the list, it’s difficult to determine who might be a predator and who is not a danger.”

In fact, many youthful offenders’ names are placed on the list after having consensual sex with another teen. In one case, a 17 year old was convicted of statutory rape of a 15 year-old-girl who had consented to the encounter. His name will remain there for 25 years, well after completion of his 2-year probation sentence. He continues to suffer daily set backs as the result of his listing – including not being able to get into the military, not being able to find work, and not being able to be involved in after-school activities with his sons.

February 3, 2011

New Trial For Pinckney Man After Livingston Court Overturns Criminal Sexual Conduct Case

by Scott Grabel

In November, the Court of Appeals for Livingston County overturned a jury verdict finding Gary Clinton Owens guilty of second-degree criminal sexual conduct. The Court of Appeals found the combination of prosecutorial misconduct as well as inadequate defense representation required that the conviction be overturned. A new trial date has now be set.

This case illustrates the need for an experienced sex crimes defense lawyer when facing any type of criminal sexual conduct charge. Where you or someone you know has been convicted of a sex crime, or accepted a plea that seemed unfair, you may be able to appeal the results.

Here, the Michigan Court of Appeals found enough errors committed on both sides to find that Owens was denied justice. The prosecutor improperly questioned Owens about past drug use and made inappropriate comments about his trustworthiness. Prosecutorial misconduct affected Owens’ “substantial rights” by denying him and fair and impartial trial. The errors “seriously affected the fairness, integrity, and public reputation of the judicial proceeding.”

January 14, 2011

CMU Student Faces Jail Sentence For Failure To Notify Mount Pleasant Officials Of Sex Offender Status

by Scott Grabel

A recent case involving a Central Michigan University student highlights the long-term and often unjust consequences of statutory rape and sexual misconduct laws on teens. News out of Saginaw and Mount Pleasant reports that a 19-year-old man from Isabella County’s Union Township faces a potential 4-year prison sentence after failing to notify law-enforcement that his name was on the Michigan sex offender list.

David Cheatham was forced to place his name of the sex offender registry when he was just 14 as the result of a conviction for second-degree criminal sexual conduct (sexual touching an intimate body part) with a person under the age of 13. The consequences of this one act, engaged in by a 14 year-old, continue to affect Cheatham’s daily life. Now, as a college student trying to improve his life and continue his education, he faces jail instead.

December 9, 2010

Gore Summit Man Not Guilty Of Criminal Sexual Conduct

by Scott Grabel

A Jackson County jury has determined that a Gore Summit man is not guilty of first and second-degree criminal sexual conduct. According to the Jackson Citizen Patriot, a man was accused of assaulting his now 13-year-old granddaughter who is developmentally delayed, mentally and emotionally.

Criminal sexual conduct in the first degree is often referred to as rape, and involves some form of penetration of the alleged victim. Criminal sexual conduct second degree involves touching of a sexual nature of an intimate body part without penetration.

However, little evidence exists that such actions occurred in this case. The girl reported the incidents several weeks after they had supposedly occurred, and no medical documents supported the allegations of assault. Further, the man’s ex-wife and two other family members testified that they had not seen the man acting inappropriately with children. Although the man had admitted to touching the girl inappropriately while being questioned by sheriffs, this “confession” occurred after hours of badgering.

Despite a lack of evidence, law enforcement pursued a trial against the man. In Michigan the law requires simply an allegation be made – convictions may occur without any physical evidence supporting the assault.

November 18, 2010

Michigan Sex Crimes And Teens

by Scott Grabel

In the wake of the recent tragedy resulting from a teenage sexual encounter in Huron Township, legal experts are saying that Michigan’s criminal sexual conduct laws should be reconsidered. Using felony offenses to punish an older teenage boy against a younger teenage girl (and vice versa) makes bad public policy.

The Huron Township case involves sex between a 14-year-old girl and an 18-year-old boy. Initially, the girl indicated it was consensual, then recanted and said she had been raped. By law, however, 14 year-old is not able to “consent” despite his or her willing participation in a sexual encounter. After receiving intense ridicule at school, the girl committed suicide.

This case has brought the issue of teen sex and Michigan criminal sexual conduct laws to the forefront. The reality is that teens live in a highly sexually society, with significant numbers of teens engaged in sexual relations and sexting. Treating these behaviors as felonies, with the result mandatory registration on the Michigan sex crimes registry, is unjust and disproportionate to the act involved.

A recent article in the Detroit Free Press labeled Michigan’s’ all-or-nothing legal scheme is “lunacy” – with the boundaries between “perpetrator” and “victim” based on calendar age arbitrary, noting “Some 14-year-old girls are sexually savvy, others are shockingly naïve. Some 18-year-old boys are predatory; and some lack the maturity, or at least the superficial sophistication, of the younger women competing for their attention.”

November 4, 2010

Michigan Supreme Court To Hear Homeless Sex Crime Registry Violation Case

by Scott Grabel

The Michigan Supreme Court has agreed to hear arguments concerning whether a homeless man who failed to comply with the sex crimes registration requirement can be charged with a violation.

At issue – whether it is a due process violation to prosecute someone for failing to register their residence when they lack a home.

MCL 28.725(1) provides:
An individual required to be registered under this act shall notify the local law enforcement agency or sheriff’s department having jurisdiction where his or her new residence or domicile is located within 10 days after the individual changes or vacates his or her residence, domicile, or place of work or education, including any charge required to be reported under [MCL 28.724(a).]
Here, the prosecution has charged Dowdy with violating this statute by failing to register.

Earlier this year the Court of Appeals for Ingham County held that the fact that a person has no residence by definition makes it impossible for homeless people to report their “domicile or residence.” As such, both the lower court and the appellate court found the charge violated Mr. Dowdy’s constitutional right to due process.

October 22, 2010

Michigan Sex Offender Sweep Underway

by Scott Grabel

Beginning this week, Michigan State Police will conduct a two week sex offender sweep with the intended purpose of locating sex offenders who have failed to verify their addresses.

Pursuant to the Michigan Sex Offender Registry Act (SORA) individuals convicted of crimes of a sexual nature are forced to register as a sex offender. The type of offense dictates for how long an individual must keep his or her name on the list.

Further, SORA requires individuals to keep this information current, including verifying addresses 4 times a year and updating addresses within ten days of moving. The reporting requirements are too complex for most individuals to understand, and to keep up-to-date on as time passes. Unfortunately though, the penalties are harsh for those who fail to meet all the specific reporting requirements and can result in additional fines and incarceration.

Often because of an oversight or innocent mistake, individuals fail to check-in. “Sweeps” like the one in progress occur to track down offenders and determine why someone has failed to register and often, impose additional penalties.

October 14, 2010

Wayne County Jury Acquits Pastor Of Statutory Rape

by Scott Grabel

According to the Detroit News, a Wayne County jury has found a Detroit minister not guilty of all charges stemming from an arrest for alleged statutory rape.

A 16-year-old boy alleged that the minister had sex with him no less than three times when he was only 15. Michigan’s age of consent is 16. The law does not require any criminal intent to prove statutory rape, simply that a person under 16 years of age engaged in sexual relations with an adult.

Because an individual may be convicted of a criminal sexual conduct offense without any physical evidence of an assault or other supporting evidence, it is crucial to hire an aggressive defense attorney if you have been charged with statutory rape or any other criminal sexual conduct charge.

Often, finding the true motivation for making the accusation of sexual misconduct is one of the most important components of a successful defense. Here, evidence presented at trial revealed that the alleged victim and another man made up the stories of sexual relations as revenge against the pastor, a man known for taking troubled teens into his home.

October 6, 2010

U.S. Supreme Court Hears Argument Regarding Damages To Victims For Erroneous Placement On Sex Offender Registry

by Scott Grabel

The U.S. Supreme Court heard testimony on Tuesday in a nightmarish tale underscoring the devastating effect sex crimes allegations can have on individual’s reputation and livelihood. In Los Angeles County v. Humphries, a California couple seeks to recover damages against L.A. County for the failure to remove their names from a list of known or suspected child abusers after they had been found innocent of any crime.

In Humphries, the accuseds’ 15-year-old daughter stole the family car from her father and mother in California and ran away to Utah, to live with her biological mother and stepfather. The teen told her family in Utah she had been sexually abused for months. The police placed the California parents’ names on the Child Abuse Central Index, a sexual offenders registry. After further investigation, no evidence was found and the parents were declared “factually innocent,” cleared of all charges. However, Los Angeles County failed to remove their names, citing a lack of procedure to do so. Even after receiving a court order to destroy the records, the County kept their names on the list.

The Humphrieses subsequently brought charges against the County, alleging due process violations and asserting the right to recover damages.

The federal appeals court determined that the Humphrieses were entitled to damages. CNN reports, however, that the Supreme Court appeared “split,” questioning whether this is a state or local issue, and how to address the constitutional violation.

Apart from the obviously critical legal arguments, this case illustrates the havoc that can result from the combination of false accusations and overzealous law enforcement officials. The Humphrieses’ lives have been turned upside down, they’ve lost job opportunities, income and had their reputations tarnished – despite a determination of innocence, the damage continues.

September 29, 2010

Man Exonerated Of Rape After Serving 10 Years In Prison

by Scott Grabel

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.