In the state of Michigan, if you are convicted of a sex crime, then you are likely facing some repercussions involving the Michigan Sex Offender Registry. The Michigan Sex Offender Registry Act is a statute that prohibits a few things if you are convicted of a sex crime:
• Offenders are not allowed to live, work, or even stand within 1,000 feet from a school
The State of North Carolina like Michigan has what’s called a satellite-based monitoring as part of their arm of punishment for repeat sex offenders and other specific offenders. This is essentially a GPS tether that someone must wear every day for the rest of their lives, even if they have completed probation or parole and are not otherwise being supervised by the state. As such, the government has essentially “tagged” someone and will always have their whereabouts available to law enforcement. This tagging becomes automatic in North Carolina once it’s shown that the violator is a repeat offender.
This issue was made possible when the United States Supreme Court ruled that satellite-based monitoring systems like the one in North Carolina constituted a search within the meaning of the Fourth Amendment. The court described the system as attaching an ankle monitor to a person’s body, without consent, for the purpose of tracking that individual’s movements. The court remanded the case and directed the lower court to determine whether the State of North Carolina’s satellite-based monitoring system was reasonable when viewed as a search subject to the protections of the Fourth Amendment.
Watching the news recently I saw that Michigan State University was fined $4.5 Million for failing to protect the victims in the Larry Nassar case and it got me thinking, I wonder what laws may be changed because of this?
In June of 2019, the criminal case involving Larry Nassar prompted Michigan House Representatives to pass House Bill 4374. For those of you not familiar with the Larry Nassar case, Larry Nassar was a former sports doctor who was sentenced to a great deal of time in prison for numerous counts of criminal sexual conduct while working for Michigan State University and the United States Gymnastics team. Because of his actions while working for the university, House Bill 4374 was proposed and passed in the Michigan House of Representatives.
This bill amends Michigan Compiled Law (MCL 750.483a) to include “a person shall not use his or her professional position of authority over another person to prevent or attempt to prevent the person from reporting a crime listed in section 136b, 520b, 520c, 520d, 520e, or 520g, that is committed or attempted by another person.” By doing so the person is guilty of a misdemeanor punishable by one year or a fine of not more than $1,000, or both.
Today was a big day in the world of criminal law. A hero to many was convicted of a crime that the media focused on and the story is trending across Facebook and Twitter of Bill Cosby being deemed guilty of sexually assaulting Andrea Constand. While many in the #MeToo movement are celebrating a victory, we have to take a step back and analyze just where the future of Criminal Sexual Conduct (CSC) is heading and we have to ask if those accused are facing conviction before the complaint has even been drawn up? We will discuss 3 different situations and break down the concept with commentary and a study of the situation.
I: Bill Cosby
In what looked like an impossible hurdle to climb, the law firm of Grabel and Associates shocked the state of Michigan by winning their second decision before the Michigan Supreme Court in less than a 3-week time span when the highest court of the state overturned the “People v. Alexander” decision that was rendered before the Michigan Court of Appeals (People v. Alexander, 2016 WL 5887900 [Red Flagged Michigan Court of Appeals decision]).
The case is one that has garnered an immense amount of controversy on social media and beyond. At trial, a jury found former Michigan State Police Officer Brian Alexander guilty of four counts of second-degree criminal sexual conduct but after that decision was rendered the defendant filed a motion for a new trial and evidentiary hearing based upon various allegations which included inconsistent testimony that was on the record at the preliminary hearing and new evidence that could’ve changed the outcome of the case. The trial court granted the motion and with it a new trial was ordered. The Michigan Court of Appeals overturned the trial court’s decision and now the Michigan Supreme Court weighed in by overturning the Appellate Court which leaves the legal community to ponder whether or not newly discovered evidence will grant a new trial?
Scott Grabel of Grabel and Associates was the lead counsel for the defense. Grabel spoke of the Supreme Court’s decision and weighed in on the law. Grabel was quoted as saying, “Whenever you are faced with a decision such as this, we have to turn to “People v. Cress” which lays out the elements that have to be proven (People v. Cress, 468 Mich 678, 664 NW2d 174 [2003]). The Cress court provides the blueprint and once that research is completed, it’s time to go to battle. Today, our Supreme Court voted in the favor of protecting the constitutional rights of not only Brian Alexander but anyone faced with similar circumstances and now he has a new chance at freedom. As a criminal defense attorney, the only thing that we can really ask is that our court system preserves the protections of our constitution. Today, I’m proud to say that was accomplished.”
Recently it was reported that Grant Perry, a wide receiver for the University of Michigan football team from Royal Oak was arrested after allegedly touching a woman in an inappropriate manner as Perry and the woman were in line waiting to enter an East Lansing bar. The incident reportedly occurred on October 15. Perry, who is 19 years old, was charged with a single count of underage drinking, two counts of criminal sexual conduct, and one count of assaulting, battering, resisting or obstructing an officer.
December 29th news reports reveal Perry denied that he sexually assault the woman. The incident took place at a bar and restaurant locating in East Lansing, Lou & Harry’s, where witnesses said Perry and two other men tried to cut in line while approximately 20 or 25 others waited outside of the establishment. One officer reported that after requesting Perry’s identification, he fumbled through his wallet and attempted to run away before he was apprehended and arrested by another officer.
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Recently it was revealed that two 17-year-olds and an 18-year-old were arrested after Detroit police claim the teens were interfering in a prostitution sting. The teens are now filing suit against police, saying they were mistreated when police ordered them out of a vehicle and handcuffed them. According to news reports two of the teens were waiting for the third to get off work while simultaneously police were conducting a prostitution sting at a CVS across the street.
Police claim the teens were trying to warn a relative not to have any dealings with a prostitute who was undercover, however their lawyers maintain this behavior isn’t a crime. Ultimately, the teens were helping to stop a crime regardless of their intentions. A photo taken and posted via Snap Chat allegedly made the teens feel humiliated. Two of the teens were minors, and news reports claim police drove all three around before dropping them off and telling them to walk to Dearborn, their home. Sex crimes defense attorneys want to uncover the police officers’ motive, although criminal charges against the teens were dropped in August.
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Recently, 19-year-old Brendan Baia, a former student at Central Michigan University, was accused of ‘sexting’ with a 12-year-old girl. According to reports, Baia and the girl had been exchanging messages and photos via their cell phones that were sexually explicit. Police claim to have discovered more than 122 Snapchat messages between the two during the last two weeks of August on the suspect’s computer and cell phone.
Police were contacted by the girl’s mother after she searched through the 12-year-old’s cell phone because her daughter had been acting depressed. Baia has been charged with three counts of committing a crime with a computer, accosting a minor for immoral purposes, distributing child sexually abusive material, and possessing child sexually abusive material.
Baia told the alleged victim’s mother that her daughter told him she would be turning 16 soon. As of September 15, the investigation into the allegations were ongoing; Baia is out on bond.
Recently, 73-year-old Harry Morel Jr., a 33-year veteran prosecutor in St. Charles Parish in Louisiana, was sentenced to three years in prison for allegedly trading sex for leniency in cases he prosecuted. Federal authorities investigated the case for three years before Morel eventually pleaded guilty in April of this year.
Authorities claim Morel is a ‘sexual predator’ who engaged in sexual misconduct for about 20 years with at least 20 difference women, according to the Times-Picayune. News reports reveal that one woman who was facing a DUI charge helped build a case against Morel, an extremely popular man who had been elected as St. Charles Parish’s district attorney for more than 30 years. Even though Morel is accused of giving women charged with crimes favorable treatment in exchange for sex, he hasn’t been charged with any sex crimes, and has been disbarred as he is scheduled to begin serving his prison sentence on September 26.
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Stuart Dunnings III, the former prosecutor for Ingham County who served for nearly 20 years and began his career as prosecutor in 1997, has pleaded guilty to two charges after 13 of the charges involving patronage of prostitutes over a five year period were dropped in a plea deal.
Initially, Dunnings faced 10 counts of engaging in prostitution, four counts of willful neglect of duty, and a single count of pandering prostitution. According to witness statements, Dunnings paid for YMCA memberships, rent, methadone treatments, and other things in exchange for sex.
While he was Ingham County prosecutor, Dunnings was allegedly soliciting sex with prostitutes while at the same time publicly attacking human trafficking. Now, according to Michigan AG Bill Schuette, Dunnings has pleaded guilty to a single felony misconduct in office charge, and one misdemeanor count of soliciting a prostitute.
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Michigan Sex Crime Attorneys Blog
