Criminal Defense Stories

The Michigan Court of Appeals judges have affirmed a sentence handed down by Iosco County’s 23rd Circuit Court Judge David  Riffel stemming from the conviction of a Hale man in a 2018 gang rape case. Michigan Third District Court of Appeals Judge David Sawyer and Michigan 4th District Court of Appeals Judges Michael Kelly and Brock Swartzle upheld  Brian Scott Thayer’s June 2019 sentence to 12 to 30 years in prison after a jury found him guilty on three felony charges. Thayer was one of 5 men involved in a brutal gang rape case where a 17-year-old woman was raped, sexually assaulted and filmed over the period of several hours in April of 2018 while she was unconscious in a Whittemore home.  He was found guilty by a jury on two counts of 1st-degree CSC and a count of child sexually abusive activity. Under his sentence he must comply with a lifetime GPS monitoring on the Michigan Sex Offender Registry. Under the sentencing guidelines he must serve a minimum of 12 years in ...

 President George W. Bush signed the Adam Walsh Act into law. This set the standard for how law enforcement classifies sexual offenses. Under the federal Adam Walsh Act, sexual offenses are classified based on the crime committed, the nature of the crime, the age of the people involved, and whether or not the convicted sex offender is likely to commit the same type of offense again. The Adam Walsh Child Protection and Safety Act of 2006 established a comprehensive, national sex offender registration system called the Michigan Sex Offender Registration Act or Michigan SORA .  SORA aims to close potential gaps and loopholes that existed under prior laws, and to strengthen the nationwide network of sex offender registrations. If you’ve ever looked at the Michigan Sex Offender Registry, or researched someone who is listed as a sex offender, you probably noticed the ‘tier’ classification system. For people who aren’t familiar with the system, this can be a little confusing. So let’...

A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration is accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing.  Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. Sometimes, these include restrictions on being in the presence of underage persons (under the age of majority), living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. The Michigan Sex Offenders Registration Act, MCL 28.721 et seq., directs the Michigan State Police to develop and maintain a public registry and provides guidelines on the type of offender information available to the public. ...

Every year more than 3 million reports of child abuse are made in the United States. Child abuse is when a parent or caregiver, whether through action or failing to act, causes injury, death, emotional harm or risk of serious harm to a child. There are many forms of child maltreatment, including neglect, physical abuse, sexual abuse, exploitation and emotional abuse. Any intentional harm or mistreatment to a child under 18 years old is considered child abuse. Child abuse takes many forms, which often occur at the same time. Physical abuse. Physical child abuse occurs when a child is purposely physically injured or put at risk of harm by another person. Sexual abuse. Sexual child abuse is any sexual activity with a child, such as fondling, oral-genital contact, intercourse, exploitation or exposure to child pornography. Emotional abuse. Emotional child abuse means injuring a child's self-esteem or emotional well-being. It includes verbal and emotional assault  such as continually b...

A man from Manor Township has been charged with multiple felony, misdemeanor and summary citations after he led police on a chase that ended in both the man and an officer being shocked by a Taser. The charges against Ayele Nago  include aggravated assault, disarming a law enforcement officer, resisting arrest, and eluding law enforcement .  Nago was driving on Ironstone Ridge Road when he turned onto Charlestown Road without stopping at a posted stop sign. At that point, an officer activated his lights and siren and pursued the vehicle, police said. The vehicle continued without stopping, driving through a red traffic light, into oncoming traffic multiple times during the chase and eventually stopped in the 100 block of Sutherland Road, police said. Nago’s address is listed on that same block. Nago got out of the car without being told to, walked away and then came back to the car, where he listened to the officer and faced his vehicle. An officer put a hand on Nago’s back, w...

Police Chief Bob Coles asked for help , identifying a suspect involved in fleeing and eluding a police officer and after community and news media help, the suspect was quickly identified and apprehended later in the day. A police officer noticed a brown motorcycle with no visible registration, with a white male driver, brown hair, wearing a red Adidas hooded sweatshirt with black sweat pants, driving reckless in the 400 block of Chaffer in front of the Roxana High School, while the Roxana Junior High and Roxana High School were dismissing students. Officer Coles said he would like to thank the citizens and the news media for helping the police department identify the subject so quickly and bring the case to closure. The subject has been identified, interviewed, and is cooperative with the investigative process. The South Roxana Police Department will be filing charges related to the incident. Coles added that the danger of fleeing from an officer is a poor decision that compounds the p...

Police recovered eight unregistered firearms from people arrested during demonstrations that included violent clashes between supporters of President Trump and counterprotesters. Police Chief  Newsham said a majority of the unregistered firearms belonged to a Georgia couple, Joshua Justice Skillman and his girlfriend, Samantha Falk who, according to court papers, told police they were in Washington to support their president. Skillman and Falk were walking through a crosswalk at 11th Street and Massachusetts Avenue NW about 1 p.m. Saturday when officers noticed the two openly carrying semiautomatic firearms. Skillman told the officers that he and his girlfriend had licenses for their weapons in Georgia. But they did not possess such a license in D.C. One of the officers noticed Skillman was also carrying a loaded P90 rifle magazine, court papers say. Skillman told officers that the rest of the weapon was at their hotel, where police later found additional weapons and ammunition. Ne...

 A man from Harford County alleged set an Aberdeen garage on fire in mid-September, investigators say, and is now facing multiple arson-related charges. Augustine Anthony Fortune  is charged with second-degree arson, first-degree malicious burning, malicious destruction of property over $1,000 and theft under $1,500. He is being held without bail at the Harford County Detention Center after a hearing Monday in District Court. Online court records do not list an attorney for Fortune. Firefighters from the Aberdeen Fire Department and other nearby companies were called to the 100 block of South Parke Street for a reported garage fire. It took 25 firefighters about 10 minutes to control the blaze. The fire caused about $10,000 in damages to the two-vehicle detached garage, according to a news release from the Office of the State Fire Marshal. No vehicles were inside the garage and no other structures were damaged. Deputy State Fire Marshals conducted an investigation and determi...

 Michael Canfield was arrested by Manteno police and charged with submitting a false police report . According to police reports, officers were dispatched to an apartment in the 100 block of Second Street multiple times. The first call came at 11:30 a.m. Canfield said a neighbor who owed him money battered him. Officers talked to Canfield and the neighbor. The neighbor denied Canfield’s claims. They were told a report would be sent to the state’s attorney’s office for charges to be considered. At. 8:40 p.m., police returned after Canfield called 911 and reported his neighbor had battered him again. He said the neighbor had left. An officer said he did not see any signs that indicated Canfield had been harmed. The officer noted there was a strong odor of alcohol coming from Canfield while speaking to him, according to police. Canfield said he had not been drinking. Canfield called 911 a third time to report the neighbor was back home. He called back and said the neighbor had thrown ...

Lynchburg police determined that an accusation related to an arrest and Taser usage in the area of Old Forest Road on June 2 did not happen. Police announced the investigation on June 3 and after reviewing Taser deployments, body camera footage, in-car camera videos and closed-circuit television video determined the reported incident never happened. Members of the Lynchburg Police Department worked with Commonwealth’s Attorney Bethany Harrison and determined the appropriate charge. Jaccarra Taylor is charged with filing a false police report , a Class 1 misdemeanor and was taken into custody Thursday night without incident and was released on bond, according to Lynchburg police. In Chicago, the police have charged the mother of a 7-month-old boy after she falsely claimed the child was inside her vehicle when it was stolen on the city’s South Side Monday. Police initially did not say where they found the boy, but police later said the child was found safely in the care of a baby sitter....

Lawmakers in Michigan are debating how to overhaul the state's sex offender registry after a federal appeals court ruled sections of the law are unconstitutional. Michigan Attorney General Dana Nessel is contending the proposed fixes don't repair the law's flaws. A federal judge has freed the state's 44,000 convicted sex offenders from complying with registry reporting requirements because of the novel coronavirus outbreak and confusion about the current registry. The U.S. Sixth Circuit Court of Appeals struck down in 2016 were a ban on convicted sex offenders from living, working or loitering within 1,000 feet of schools and a 2011 revision of the law that put sex offenders back on the registry permanently if they committed a felony after they had served their sentences and had been taken off the registry.  The appeals court ruled that parts of the registry violated the 1st and 14th Amendments, and the constitutional protection against being punished retroactively. De...

Michael  Canfield from Illinois, was arrested by Manteno police and charged with filing false police report . According to the police, officers were dispatched to an apartment in the 100 block of Second Street multiple times. The first call came at 11:30 a.m. Canfield said a neighbor who owed him money battered him. Officers talked to Canfield and the neighbor. The neighbor denied Canfield’s claims. They were told a report would be sent to the state’s attorney’s office for charges to be considered. At. 8:40 p.m., police returned after Canfield called 911 and reported his neighbor had battered him again. He said the neighbor had left. An officer said he did not see any signs that indicated Canfield had been harmed. The officer noted there was a strong odor of alcohol coming from Canfield while speaking to him, according to police. Canfield said he had not been drinking. Canfield called 911 a third time to report the neighbor was back home. He called back and said the neighbor had th...

Two Somali men have been charged in the sexual assault of a woman at a St. Cloud park last month.  Sahal Abdi Hassan and Abdirahin Omar Ali, both charged with 1st-degree criminal sexual conduct and aiding and abetting 1st-degree criminal sexual conduct . Police officers were called on a report of a sexual assault that occurred in the early morning hours of October 18. The woman said she had been drinking at a downtown St. Cloud bar and left through the front door. Court records show the next thing she remembered was being in a car with five Somali men who were talking in their native language, drinking liquor, trying to kiss her, and threatening her. The woman said they stopped at a park and a man later identified as Hassan brought her to a slide and raped her as the other men cheered him on. The woman said she was brought back to the car and forced to perform oral sex on a man later identified as Ali. The victim was then dropped off at a location and sought help from a homeowner i...

A police officer has been charged with harassment after allegedly sexting an 18-year-old woman and trying to arrange a meeting with her hours after he arrested her.  Damien Broschart was charged with fourth-degree cyber harassment and third-degree hindering apprehension of oneself, Monmouth County Prosecutor Christopher Gramiccioni said in a news release. Broschart faces being fired. Broschart, who has worked in law enforcement for five years, was suspended without pay from the Neptune City Police Department. Broschart stopped the woman's car this month and arrested her on drug charges and several traffic violations, authorities said. After she was processed and released, Broschart took her back to her car, deactivated his body camera and mobile video recorder and asked for her phone number, the prosecutor's office said. Broschart sent her text messages, including some that were sexual in nature, and indicated he thought she was cute and would like to pay her back for everythi...

Sexting among teens . Something that some teens may see as safe an innocent but is far from it.  Those intimate photos can be rapidly shared without one’s consent having traumatic consequences.   Dr. Laura Saunders said that there really is no intimacy. It can go out to the public in no time at all. Dr. Laura is a licensed Psychologist for the Hartford Healthcare's Institute of Living. Dr. Saunders added, Let’s remind teenagers that what they do via their phones and social media is actually not private at all. That reminder coming from an expert as the Meriden Police Department reports a rise in sexting among juveniles in the city. The act of sharing sexually explicit photos, even from one juvenile to another, is a transmission of child pornography and is punishable by the law.   Often times these images shared without one's consent could be used to harass or bully the subject. Dr. Saunders says anytime situations like these arise it’s an important time to remin...

A rape charge is a serious felony charge. It typically involves an accusation that the defendant forced another person to engage in sexual intercourse, anal sex, or other sexual activity involving even the slightest form of penetration, without that person’s consent. This criminal act is referred to as rape in many states but also as sexual assault, sexual battery, criminal sexual conduct, and criminal sexual penetration. Other sexual offenses include statutory rape, oral sex or sexual touching without the other person’s consent, and sexual abuse of a child.  Defendants charged with rape have the usual defenses available to all criminal defendants, starting with Someone else committed this crime. A defendant can also claim that the sexual activity was consensual. In a rape case, there can be significant questions about what constitutes consent or what constitutes refusal.  Another possible effective defense for rape is an insanity plea, in which the defense argues that the ac...

There are four categories of sexual assault charges in Michigan. A person convicted of CSC charges in the first, second and third degree will almost certainly be sentenced to prison time. The vast majority of people convicted of CSC in the fourth degree usually spend some time in jail.  People convicted for these crimes also have to register as a sex offender in Michigan. This blog post will clearly explain the differences between  1st and 3rd Degree CSC .  In order to figure out what type of a criminal sexual assault charges a person might be facing, a determination must be determined to see if there was penetration. Penetration does not mean only sexual intercourse, it also includes oral sex, an intrustion of any part of the human body into anal or genital openings.  If an allegation of sexual assault includes any type of penetration, it will fall into 1st degree or 3rd degree CSC.  1st Degree Offenses A person convicted for 1st degree CSC can be sentenced up ...

Danny Masterson will face charges of rape. A morning hearing in downtown L.A., Judge Eleanor Hunter rejected the defense for rape case   against the former That ’70s Show star should be tossed under the statute of limitations. Represented by his lawyers Thomas Mesereau and Sharon Appelbaum, Masterson was not present at the hearing. Accused back in June of three counts of forcible rape, Masterson is out on a $3.3 million bail. If convicted as charged on assaulting the three women, he faces a possible maximum sentence of 45 years to life in state prison. Deputy District Attorney Reinhold Mueller of the Sex Crimes Division, who is prosecuting the case, said all of the alleged crimes occurred at the defendant’s Hollywood Hills home in 2001 and 2003. As agreed among the attorneys and the L.A. County DA today, Masterson will be in court November 2 for his arraignment. At the time of the warrants this summer, Mesereau released a statement saying his client is innocent, and we’re confiden...

 A thousand of convicted sex offender will remove from SOR if the federal judge in Port Huron could decide to remove them from the lifetime sex offender registry U.S. District Judge Robert Cleland has scheduled a hearing at the federal courthouse in Port Huron to announce his ruling on Michigan's sex offender registry act, which could affect nearly 44,000 people who are currently on the state's sex offenders list. The ruling could change the number of people who are forced to register. Under state law enacted in 2006, people who had committed offenses before January 1, 2006, were forced to register as sex offenders. An amendment was added in 2011 that divided sex offenders into three tiers and also applied to juveniles.  In 2016, the Sixth Circuit Court of Appeals ruled the act could not be retroactively enforced. The court, citing research that said the public sex offender registries actually make the public less safe, emphasized the law did not work and was not constitution...

Child molestation is a crime involving a range of indecent or sexual activities between an adult and a child, usually under the age of 14. In psychiatric terms, these acts are sometimes known as pedophilia. It is important, however, to keep in mind that child molestation and child Sexual Abuse refer to specific, legally defined actions.  They do not necessarily imply that the perpetrator bears a particular psychological makeup or motive. For example, not all incidents of child molestation are perpetrated by pedophiles; sometimes the perpetrator has other motives for his or her actions and does not manifest an ongoing pattern of sexual attraction to children. Thus, not all child molestation is perpetrated by pedophiles, and not all pedophiles actually commit child molestation. Child sexual abuse does not need to include physical contact between a perpetrator and a child. Some forms of child sexual abuse include: Exhibitionism, or exposing oneself to a minor Fondling Intercourse Mas...

 A man whose name was removed from Indiana’s Sex and Violent Offender Registry on the state’s volition has successfully sought rehearing at the Indiana Court of Appeals, which has now deemed his case moot. The rehearing comes after the appellate court last month affirmed the denial of Trent McPhearson’s petition for removal from sex offender registry . Following that decision, the state removed him from the registry. McPhearson had been required to register as a sex offender in Maine after he pleaded guilty there to gross sexual assault in 1998. Upon his release from prison in 2003, McPhearson was required to register as a sex offender for life in Maine and in Indiana, where he lived after his release. After being removed from the Maine SOR in 2015, McPhearson filed and was granted a 2018 petition for removal from Indiana’s SOR by the Madison County prosecuting attorney. But the Indiana Attorney General’s Office then intervened, claiming the Department of Correction had not been no...

Sexual assaults affect millions of Americans annually. The term encompasses various actions that involve behavior or contact toward another person without their consent. The actions are defined by state law and can therefore differ by jurisdiction. However, some common examples of sexual assault include: Fondling, kissing, or making unwanted bodily contact; Forcing another person to perform or receive oral sex; Forcing a tongue, mouth, finger, penis, or an object on another person's anus, penis, or vagina; and Forced masturbation.  In general, sexual assault is involuntary sexual contact that occurs through the actor's use of force, coercion or the victim's incapacitation. The law will consider the victim incapacitated if he or she did not have the mental ability to understand the nature of the sexual acts, or if the victim was physically incapable of indicating their unwillingness to participate in the sexual conduct. Common examples of these charges may arise from the us...

Child Protective Services is a branch of your state’s social services department that is responsible for the assessment, investigation and intervention regarding cases of child abuse and neglect, including sexual abuse. In all of its procedures, CPS must follow state and federal laws. CPS typically takes cases where a child has been abused or is believed to be at risk of abuse by someone who has care giving responsibilities for that child. Some examples of names used in other states for child protective services are Department of Family Services, Department of Social Services, and Department of Youth and Family Services. Your state may even have a different name. CPS workers follow a standard protocol when responding to a child abuse report. First, they must assess the safety of the child. If the child’s immediate safety is not at risk, then the worker will work with the family to reduce the risk of future maltreatment and help the child cope with the effects of previous maltreatment. ...

 A former police sergeant with the Menominee County Sheriff’s Office has agreed to a plea bargain in exchange for the dropping of two counts of third-degree criminal sexual conduct charges . Brian Helfert, 56, is scheduled to be sentenced on a charge of attempted accosting for immoral purposes as part of the plea bargain. County prosecutor has agreed to having Helfert serve a county jail sentence of 6 months and Helfert will have to register as a sex offender for 25 years, as part of the deal. However, if the judge does not agree to those sentencing guidelines, Helfert can withdraw his plea and proceed with a jury trial. A trial was scheduled to begin next week. Helfert is accused of sexually assaulting the teen in November after he met the boy as part of Helfert’s job as the Menominee County Juvenile Crime Investigator and School Resource Officer. Helfert was fired by the sheriff’s office. In Manton, a man was sentenced to prison recently for sexually assaulting two minors, Michig...

 The crime of Indecent Exposure occurs when a person exposes his or her naked body or genitals in front of anyone who could be annoyed or offended by it. While most people think it only happens in public, Indecent Exposure can happen in just about any environment. The exposure, however, must be willful and lewd. Indecent exposure penalties   vary. A first conviction will likely result in a Misdemeanor sentence of six months in a county jail and/or a fine of up to one-thousand dollars. A second offense will be treated as a Felony and could result in a State prison term. If you're convicted of Felony Indecent Exposure you must register as sex offenders for a minimum of ten years. To be guilty of Indecent Exposure you must intentionally expose your genitals or naked body, expose yourself in front of someone who might be offended or annoyed by it, intend to direct attention to yourself and, intend to sexually gratify yourself or offend someone else when you do it. While this defin...

Sexting in Michigan has become more common with the rise in camera phones and smartphones with Internet access, that can be used to send explicit photographs as well as messages. While sexting is done by people of all ages, most media coverage fixates on negative aspects of adolescent usage. Young adults use the medium of the text message much more than any other new media to transmit messages of a sexual nature, and teenagers who have unlimited text messaging plans are more likely to receive sexually explicit texts. As a result of sexting being a relatively recent practice, ethics are still being established by both those who engage in it and those who create legislation based on this concept. Whether sexting is seen as a positive or negative experience typically rests on the basis of whether or not consent was given to share the images. Nevertheless, Australian laws currently view under-18s as being unable to give consent to sexting, even if they meet the legal age for sexual consen...

Child sexual abuse or molestation is when a person has sexual contact with a child. In most cases, children know their abusers. Perpetrators can be family members, neighbors, coaches, teachers, clergy members, caretakers, family friends, or other trusted adults. Examples of child sexual abuse might include sexual touching, penetration, manipulating the child to do something sexual, or taking graphic photos of children. Perpetrators use grooming behaviors to gain a child’s trust and slowly introduce sexual contact. Under the Michigan Penal Code, there is no law specifically for molestation. Instead, there are two types of conduct that are prohibited by law. These are enumerated in the Criminal Sexual Conduct Act and are prohibited sexual contact and sexual penetration. Child molestation in Michigan is usually a CSC. The degree of the charge will depend on the allegations made as well as the prosecuting attorney’s discretion.  Penalties range from a couple of years in prison up to p...

Child Protective Services is the name of a government agency in many states of the United States responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as Department of Children & Family Services. CPS is also known by the name of Department of Social Services (DSS) or simply Social Services. The CPS Role In most cases CPS is charged with the protection of children and also has the objective of keeping the family unit together, if possible, while obtaining treatment and services for the family to ensure the child’s well-being. Treatment rather than punishment is the objective. Family court rather than criminal court is the venue and, therefore, the standards of evidence are different. In family court, preponderance of evidence is the guide. Preponderance of evidence means the greater weight of all the evidence. Therefore, it carries a lo...