Articles Posted in Criminal Sexual Conduct

Earlier this month, 46-year-old ex-Detroit police officer Geoffrey Townsend was found guilty by an Oakland County jury on six counts of third-degree criminal sexual conduct. He was accused of statutory rape after allegedly becoming involved with females who attended his “Reality Check Detroit,” a boot-camp type program for troubled teens. Now, Townsend has been sentenced to between 10 and 15 years in prison by Oakland County Circuit Judge Martha D. Anderson.

Townsend was convicted on five counts of CSC with a child between the ages of 13 and 15. According to a news article at CBS Detroit, Townsend alleged had sex with five girls who were involved in his boot-camp, but was only charged in relation with two of the victims. The defendant allegedly engaged in sexual activity with the girls beginning in October of 2010 and continuing through August 2012 at his home in Farmington Hills.

Prosecutors in the case presented Townsend as a “serial” predator who purposely targeted young teenage girls who were troubled. Tricia Dare, Oakland County Assistant Prosecutor, said that because people trusted the defendant, he was able to commit the crimes.

Townsend’s defense attorney questioned why the alleged victims waited so long to come forth with reports of the sexual assaults, and said that they were simply looking for money. Charges were filed against Townsend in April of this year; he promptly submitted his resignation from the Detroit Police Department.

As all Michigan sex crime defense attorneys know, being accused of statutory rape, whether convicted or not, can ruin an individual’s career and reputation. The criminal penalties are severe, as is evidenced in this case considering Townsend will spend the next 10 to 15 years behind bars.

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Earlier this month, Garry Donnell Jackson, a 52-year-old corrections officer who was employed at the Oakland County Jail, was suspended after an investigation revealed that the deputy allegedly engaged in sexual activity with a female inmate. Jackson, who lives in Rochester Hills, has been employed by the Sheriff’s office since 1997 and is now facing three felony charges of second-degree criminal sexual conduct.

According to a news article at CBS Detroit, Jackson and the female inmate engaged in sexual conduct on several occasions in a broom closet. The female inmate allegedly involved in the rendezvous is 24 years old. Authorities learned of the activity when another inmate at the jail told a guard that she had heard rumors about the two engaging in an intimate relationship.

The sexual conduct was consensual according to the woman and other inmates who were interviewed according to Undersheriff Michael McCabe. Even though the female inmate consented to the sex acts, Michigan state law and department regulations make it illegal for an inmate and guard to engage in sexual relations.

McCabe said in the news report that, “The Sheriff’s Office abhors this conduct and has started the process to terminate Jackson.” He went on to say that Jackson’s conduct violates public trust, and dishonors the badge.

At his arraignment hearing on Monday, Jackson’s bond was set at $5,000. He was ordered to have no contact with the female inmate, who was incarcerated for probation violation and is due to be released from jail November 5. if convicted of the criminal sexual conduct charges, Jackson faces up to 15 years in prison.

As is evident in this case, accusations of inappropriate sexual conduct can result in not only criminal penalties, but ruin of an individual’s career and reputation. Even though the alleged victim consented to the relationship with the deputy, he may now spend 15 years of his life behind bars.

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On Friday September 13, trial began in the case of William Meni, a 44-year-old Gwinn man accused of criminal sexual conduct. According to a news article at Uppermichiganssource.com, Meni faces eight charges for the alleged sexual assault of three victims younger than 13 years old.

The alleged sexual assaults took place in 1995-1996, 2007-2008, and 2012 according to police. One victim was five years old, another seven years old when the sexual assault occurred, according to Prosecuting Attorney Matt Wiese. The third victim, who was six years old in 1995 when she was allegedly assaulted, is now married and expecting her second child.

The details of the alleged sexual assaults are explicit, and involve oral sex, forcing the victims to watch pornographic films, and penetration. Meni also allegedly made comments to one of the victims about her breasts getting larger. In one case, the mother of the victim walked in on her daughter, who was five at the time, with Meni. The defendant’s defense attorney opened with a statement claiming that there is an absolute “presumption of innocence.” He urged the jury not to rush to judgment, explaining that the prosecutor must prove his client’s guilt beyond a reasonable doubt. He also told jurors to carefully scrutinize why the allegations are just now coming to light.

In the case of the victim who was allegedly assaulted in 1995 and 1996, no information was revealed to family members for more than five years; at that point, no one came forward to authorities until a year later. Meni’s lawyer said that when there is a rape of a child who is six or seven years old, there would be “something.” However, he went on to say that nothing was reported until 2002, a year after the alleged victim had told family members.

First-degree criminal sexual conduct leaves an accused individual facing 25 years to life in prison. Michigan sex crime attorneys realize that if convicted on all eight counts, the defendant in this case will likely spend a substantial portion of the remainder of his life behind bars.

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In April of this year, a former White Cloud high school teacher and football coach was arrested and charged with five counts of fourth-degree criminal sexual conduct, a high-court misdemeanor. A news article at Mlive.com reveals that Ethan Christopher Wendell is expected to submit a formal letter of resignation to the school.

The allegations against Wendell involve incidents which occurred this year at White Cloud High School, and in October of 2010. In exchange for his guilty plea to two of the CSC counts submitted in Newaygo Circuit Clerk on August 27, three of the counts will be dropped by prosecutors, according to court records. Wendell also agreed in the plea deal to surrender his teaching certificate.

Charges were filed after the high school coach and teacher was accused of touching and kissing two females at the school. As soon as the district learned of the charges against Wendell, he was placed on administrative leave according to Barry Seabrook, Superintendent of White Cloud Public Schools. Wendell, who is 37 years old, was arrested on July 22; he is expected to be sentenced on November 4.

The maximum sentence for fourth-degree criminal sexual conduct is two years; according to the article, Wendell’s maximum sentence will include less than one year in jail, a condition of his plea agreement.

Michigan sex offender defense attorneys realize that while less than one year in jail may not seem very harsh punishment, the damage to the accused individual’s life, reputation, and career is perhaps a more serious consequence. Wendell will surrender his teaching certificate, which means his career as a coach and teacher is over.

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In December of 2010, Martin E. Court, who was 47 years old, was charged with six counts of first-degree criminal sexual conduct in connection with the alleged sexual assault of a 15-year-old girl. Court was a manager at a Flint facility for severely abused and neglected children between five and 17 years old, the Whaley Children’s Center. Prosecutors claimed Court sexually assaulted the young teenage girl repeatedly; the girl lived at Whaley at the time.

On Thursday August 22, prosecutors in the case dismissed the charges against court after the alleged victim did not show up for trial. Court, who is now 49 years old, would potentially have faced life in prison if convicted of the charges. According to Jeffrey M. Day, Court’s attorney, his client has maintained his innocence throughout the ordeal, and is happy the case against him was dismissed.

An investigation which began after Whaley officials notified the Department of Human Services and the prosecutor’s office in 2010 revealed the alleged sexual assaults took place during the latter part of 2009 and early 2010. Kevin Roach, President and CEO at Whaley, said that Court resigned his position at the institution in June of 2010.

The criminal sexual conduct charges against Court were dismissed without prejudice, which means that the prosecutor’s office could reissue the charges at a later time. Genesee County Prosecutor David Leyton said in a news article at Mlive.com that the case is under review. As of this date, the charges have not been reissued.

Michigan sexual assault defense lawyers know that this is highly unusual; it is likely that Court would have spent a substantial number of years or even life behind bars had he been convicted. Sex crimes, particularly those against children, are punished severely in the state of Michigan.

Time will tell if the charges are reissued against Court. If so, the defense will no doubt use the fact that the victim failed to show up for the first trial as part of their strategy.

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In January, three men allegedly broke into a woman’s Kalamazoo Township apartment committing home invasion, rape, and kidnapping. Now, 32-year-old Danny Paul Vinson has been found guilty of first-degree criminal sexual conduct and other charges. On Monday, Vinson was sentenced to 62 years in prison by Kalamazoo County Circuit Court Judge J. Richardson Johnson, who said the trial was “one of the hardest I’ve ever had to sit through” according to a news article at Mlive.com.

Two other men, 38-year-old LaFunta Summers and 21-year-old Curtis Hankton, were involved in the January 22 break-in at the victim’s home at Big Bend Apartments on Gull Road. Armed with a shotgun, the three men are accused of beating and sexually assaulting the woman during the home invasion, then dropping her off at a Watervliet hospital.

The news article states that Vinson used the barrel of a shotgun to sexually assault the victim, while holding a gun to her head. Diane Hungerford, Kalamazoo County Assistant Prosecutor, said she had never encountered a more atrocious set of facts in her three decades as an assistant prosecutor. She went on to say that Vinson deserves to never get out of prison.

In addition to first-degree CSC, Vinson was also found guilty of first-degree home invasion, armed robbery, unlawful imprisonment, assault with intent to commit great bodily harm less than murder, felony use of a firearm, and felon in possession of a firearm.

In sentencing the defendant, Johnson gave Vinson 35 to 75 years for first-degree CSC; he was sentenced as a fourth-time habitual offender. Sentencing for other charges will run concurrently with each other but consecutive to his CSC sentencing. Ultimately, Vinson will remain in prison for 62 years before he will be eligible for parole.

Penalties for sex-related offenses are extremely harsh in the state, a fact all Michigan sex crime attorneys are keenly aware of. When an individual is convicted as a habitual offender, the consequences are even more serious.

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On Wednesday July 31, 54-year-old Kassam Hallak was sentenced by Eaton County Circuit Court Judge Janice Cunningham to seven to 15 years in prison for sexual assault. Hallak, a physician at the Charlotte Medical Center and Urgent Care, has now lost his medical license. He was convicted in June for assaulting seven women, most of the assaults taking place a the clinic.

Jurors convicted Hallak on eight of 11 charges filed against him, including six counts of fourth-degree CSC, one count of third-degree criminal sexual conduct, and one count of second-degree criminal sexual conduct which reportedly involved a 12-year-old girl. One of the victims said that Hallak raped her in an examination room. Along with serving prison time, Hallak will be required to register as a sex offender and be electronically monitored for life.

Some of Hallak’s alleged victim’s spoke at his sentencing on Wednesday according to a news article at the Lansing State Journal. One woman stated that she had continued to work toward forgiveness, and that, “It is my time to heal and it is (Hallak’s) time to be punished.”

Hallak’s attorney, Elias Muawad, said that Hallak will appeal the suspension of his medical license. As he exited the courtroom, he briefly waved to his family. Kelly Morton, Eaton County Assistant Prosecutor, said that the result was satisfactory, and that the prosecution was glad Hallak would be held accountable and never practice medicine again.

Michigan sex crime lawyers know this is exactly the type of outcome that is all too common, and an example of what can happen when an individual is accused of sexual assault. Besides the typical penalties of jail/prison time and requirement to register as a sex offender, those who are convicted face a ruined reputation, and often a ruined career.

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On Monday July 15, David J. Zuriel Jr. pleaded no contest to three counts of third-degree CSC by force or coercion before Saginaw County Circuit Judge Robert L. Kaczmarek. Zuriel was initially charged by prosecutors with three counts of first-degree criminal sexual conduct against someone under the age of 13 in connection with the alleged assault of a young girl from August of 2006 through December 2008 in Saginaw. Prosecutors dropped these charges in exchange for Zuriel’s plea agreement.

In September of 2012 Zuriel attended a preliminary hearing in which prosecutors were successful in securing a ruling that probable cause was demonstrated which meant Zuriel would be tried in Circuit Court. The defendant, who is 33 years old, was jailed without bond at that time.

The original charges of first-degree criminal sexual conduct against Zuriel carry a maximum penalty of life in prison. Due to the fact that the charges were reduced to third-degree CSC (which also involves penetration), the maximum penalty is 15 years in prison. However, the defendant did acknowledge his status as a second-time habitual offender, which means he could potentially spend 22 1/2 years in prison.

There is no sentence agreement; Zuriel is scheduled for sentencing on August 19 by Judge Kaczmarek.

For most Michigan sex crime lawyers who are truly dedicated, the primary focus is having the charges against their clients dismissed when possible. However, there are circumstances in which it may be advantageous to plead to a lesser charge, particularly when strong evidence exists and a conviction is likely. This can greatly reduce the number of years an individual will spend behind bars.

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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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