Sex Crimes

June 21, 2013

Kalamazoo School Custodian to Spend 10 to 15 Years in Prison for Sexual Assault, Child Pornography

Steven M. McAllister, a 55-year-old Kalamazoo resident, will likely spend 10 to 15 years in prison after pleading no contest to sexual assault and child pornography on Friday June 7 in Kalamazoo County Court. McAllister, a Kalamazoo Public School custodian, was charged with ten felony offenses including two counts of first-degree CSC, one count of using a computer to commit a crime, and six counts of possession of child sexually abusive material. He was also charged with one count of assault with intent to commit sexual penetration.

The charges of first-degree criminal sexual conduct and assault are connected with a separate case in which a juvenile reported in December of 2012 that he had been sexually assaulted by McAllister. Upon investigating the allegations, police executed a search warrant and uncovered images of child pornography on computers that were taken from McAllister’s residence at 1519 Howland Avenue, according to a news article at Mlive.com.

Four of the six counts of possession of child sexually abusive material are to be dropped at McAllister’s July 1st sentencing under the terms of the plea agreement. A count of second-degree CSC was added in the sexual assault case, which McAllister pleaded no contest to; at his July sentencing, the initial three counts will be dismissed. Ultimately after McAllister’s plea agreements, he will be imprisoned for 10 to 15 years, his sentences in the two cases to run concurrently.

According to police, there was no indication that any victims attended Kalamazoo Public Schools, where McAllister had been employed for 20 years as custodian at Edison Elementary School.

Michigan sex crime lawyers understand that people do commit heinous sexual crimes involving children; still, there are many individuals who are innocent and falsely accused of these types of offenses who have their reputations, careers, and lives ruined forever.

June 17, 2013

Buena Vista Township Teen Faces Possible Life in Prison for Alleged Rape of 13-year-old

by Scott Grabel

Tyler D. Hardy, an 18-year-old Buena Vista Township man, has been charged with raping a 13-year-old girl in the mobile home park where he and the alleged victim live. If convicted, Hardy could face life in prison.

Hardy and the young girl live in the Robin Glen Mobile Home Community according to Buena Vista Police Detective Sgt. Greg Klecker. Hardy allegedly raped the victim in the mobile home park on June 4, according to a news article at Mlive.com. The suspect was charged with first-degree criminal sexual conduct causing personal injury, and third-degree CSC against someone ages 13 through 15. Klecker stated that Hardy denied the charges, but that the girl’s injuries supported the case.

A plea of not guilty was entered on Hardy’s behalf by Saginaw County Chief District Judge M. Randall Jurrens at Hardy’s arraignment hearing on June 11. He is being held without bond, and is scheduled for a preliminary hearing on June 24 before District Judge Kyle Higgs Tarrant.

In the state of Michigan, engaging in a sexual act with anyone under the age of 16 is considered a felony offense. Even when an individual who is underage agrees to sexual relations, it may leave an alleged offender facing serious criminal charges as minors who are younger than 16 cannot legally consent to any form of sexual activity.

Known as statutory rape, this sexual offense is considered criminal sexual conduct. First-degree CSC is the most serious of all sex-related offenses, and may leave the accused facing up to life in prison if convicted. Third-degree criminal sexual conduct carries potential prison time of up to 15 years. All allegations of sexual misconduct should be taken very seriously by those accused.

June 7, 2013

Ypsilanti Township Man Bound Over for Trial in Washtenaw County Circuit Court in Criminal Sexual Conduct Case

by Scott Grabel

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.

May 22, 2013

Saginaw Man Charged with Criminal Sexual Conduct to Take Polygraph

by Scott Grabel

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.

May 16, 2013

Sentencing for Bay City Woman Accused of Molesting Boyfriend’s Minor Siblings Rescheduled

by Scott Grabel

In April of this year, 21-year-old Alyssa D. Jones pleaded guilty to sexually assaulting the underage brothers of her boyfriend. Jones, who lives in Bay City, pleaded guilty to two counts of assault with intent to commit sexual penetration. She was scheduled to be sentenced on Monday, May 13. The sentencing hearing has now been rescheduled for Monday, June 3 after Jones decided to change defense attorneys.

The defendant was initially charged with two counts of second-degree criminal sexual conduct and four counts of third-degree CSC with a person between the ages of 13 and 15. Prosecutors dismissed these charges in exchange for Jones’ pleas.

According to a news report at Mlive.com, Jones’ boyfriend, who was 17 years old, lived with his mother and two brothers who were 14 and 15 years old. On October 1 Bay City police were called to the home after receiving a report of domestic violence. Jones and her boyfriend were involved in an altercation after she allegedly told her boyfriend that she had sex with his 15-year-old brother, according to what police were told by the boys’ mother. She also said that the 15-year-old had a hickey on his neck, and that Jones admitted she was responsible.

The younger siblings arrived at the home while police were on the scene. It was at this point that the 14-year-old revealed to his mother that he had also engaged in sexual activity with Jones recently. Court records indicate that the boys’ mother requested Jones be arrested by police.

Both of the younger boys were interviewed in late October by staff at the Nathan Weidner Children’s Advocacy Center, and claimed that on the same day, both had sex with the defendant at their home.

Assault with intent to commit sexual penetration is a 10-year felony offense. Michigan sex crime lawyers know that not only may the defendant in this case spend substantial time behind bars, she may also be required to register as a sex offender, punishment which will no doubt affect her ability to secure employment and negatively impact other areas of her life.

May 15, 2013

Alger County School Administrator Charged With CSC Waives Preliminary Hearing

by Scott Grabel

In March, 35-year-old Benjamin David Franklin II who was the principal and administrator of Munising Baptist Church and School was arrested in connection with alleged sexual activity with a student at the school, and charged with one count of third-degree criminal sexual conduct. Franklin was arraigned in Alger County District Court.

On May 9, a news article at UpperMichigansSource.com indicated that Franklin is now facing additional charges in regards to his alleged involvement with the teenage female student. According to the report, the defendant is now facing two additional charges of CSC in the third degree after the criminal complaint was amended. Franklin was bound over to circuit court after waiving his preliminary hearing on Thursday, May 9.

Franklin is accused of engaging in sexual conduct with a female student who was said to be between the ages of 16 and 18. Upon learning of the allegations on March 12, families were notified by school officials that Franklin had resigned his position; ten days later families of the school students were informed that a police investigation into the allegations was underway.

Franklin’s bond was set at $5,000; he was released immediately following his arraignment and remains free. He currently resides in St. Joseph, IL.

Without a capable team of Michigan sex crime defense attorneys defending your freedom, charges of third-degree criminal sexual conduct could leave you facing a substantial length of time behind bars. Not only that, your career and reputation will likely be ruined, and being labeled a sex offender will negatively impact your life forever, creating a stigma that follows you wherever you may go.

May 8, 2013

Meridian Township Police in Search of Registered Sex Offender Wanted for Indecent Exposure

by Scott Grabel

Meridian Township Police are asking for the public’s assistance in locating a man who is accused of indecent exposure. David Lee Arnold, a Lansing man, is a registered sex offender and believed to be involved in two incidents recently in which he exposed himself to women in a coffee shop.

According to a news article at the Lansing State Journal, a warrant was issued on Thursday, May 2, for Arnold who is 55 years old. The warrant for Arnold’s arrest includes being a habitual offender fourth offense, three counts of indecent exposure, and sexual delinquency.

Records indicate that the suspect first registered as a sex offender in 1995 in Michigan. Arnold has records in Ingham, Kent, Oakland, and Washtenaw Counties for prior incidents related to sexual delinquency and indecent exposure which range from the early ’90s to 2007 according to news reports at Mlive.com.

The two incidents of indecent exposure which occurred recently involve a man believed to be Arnold, who sits in a local coffee shop and exposes himself to women sitting nearby as he appears to be reading a newspaper. Police say he then gets up and leaves.

Arnold is believed to be in his late 50s or early 60s, and is described as 5′ 11″ tall weighing about 200 pounds.

As skilled Michigan indecent exposure attorneys know, an individual who is convicted on a charge of indecent exposure may face up to one year in jail along with substantial fines. However, if that individual has already been determined to be sexually delinquent, he or she may be sentenced to life in prison. Because Arnold is a registered sex offender, he will likely face serious penalties if convicted of the crimes he is accused of.

May 1, 2013

Farmington Hills Teacher Charged With CSC in Connection with Conduct with 7-year-old

by Scott Grabel

On March 28 of this year, 58-year-old Andrew M. Howell, a longtime substitute teacher at Farmington Public Schools, was charged with second-degree criminal sexual conduct in connection with an incident involving a 7-year-old student. A preliminary exam was scheduled for April 17 in 47th District Court before Judge Marla Parker.

Howell, a resident of Farmington Hills, allegedly touched the child inappropriately on March 19 as he was substituting. According to a news article at C & G News, Howell picked up the girl to put her on his lap, and in the process placed his hands between her legs or on her bottom. Howell’s defense attorney, Mitch Ribitwer, said in news reports that he had not seen the entire discovery.

At his March 29 arraignment hearing before Judge James Brady, Howell was given a $1 million cash or surety bond; because the defendant allegedly admitted his sexual feelings toward minors to police, a reduction in his bond amount was denied.

Howell has been a substitute teacher for more than 25 years according to a news article at Mlive.com. If convicted of second-degree criminal sexual conduct, he could face up to 15 years in prison. He may also be subject to lifetime monitoring with a GPS tether, and required to register as a sex offender for life.

Michigan sex criminal defense attorneys know that an individual may be charged with second-degree CSC if he or she engages in sexual contact with a person who is younger than 13 under Michigan’s Penal Code 750.520c. There are also many other factors which may lead to charges of criminal sexual conduct 2nd degree. The penalties are severe, and unfortunately many innocent people sit behind prison bars today for crimes they did not commit.

April 3, 2013

Cascade Township Massage Therapist Arrested for Criminal Sexual Conduct for the Second Time

by Scott Grabel

In late March, Lawrence Urban was arrested after a customer at his massage therapy clinic, the Therapeutic Stress Free Massage Center in Cascade Township, alleged that Urban touched her inappropriately during a massage. After investigating the allegation, Urban was charged with 4th degree criminal sexual conduct and released on bail.

Now, the 49-year-old man has been arrested yet again in connection with a customer who said that she was sexually assaulted in late January or early February as she received a massage from the suspect. The Kent County Prosecutor’s Office reviewed this information and authorized an additional two count warrant for 4th degree CSC. After his arrest on April Fool’s day, Urban bonded out on $10,000 that same day.

According to police, Urban admitted to touching a female client’s genital area after asking the woman if she wanted an orgasm. Kent County Sheriff’s Detective Jason Russo said that after the woman answered no, Urban told her that “your body is telling me one thing, but you are telling me another.”

Russo said that Urban told him the woman way lying on the massage table in a face-down position, and that he did touch her genitals without her permission. Urban told police that the way the client’s muscles felt and her body language indicated to him that she desired to be sexually pleasured.

Police continue to investigate the allegations against Urban.

Michigan sex crime defense lawyers are dedicated to protecting the freedom and reputation of those charged with sex-related offenses. As in this case, it seems that often times after one alleged victim comes forward, others begin coming out of the woodwork. While it cannot be determined what situation is in this case, innocent people are often wrongfully accused of crimes they did not commit.

March 7, 2013

Three University of Michigan Female Students Report Sexual Assault; Police Investigate U-M Graduate

by Scott Grabel

Recently, three University of Michigan students have reported to police that each was sexually assaulted by a 31-year-old Ann Arbor man during parties hosted at his apartment. The alleged assaults took place in September and on February 15 of this year, according to news reports at AnnArbor.com.

The suspect, who is reported to be an Asian man looking younger than his age, is said to be about 140 pounds, 5’6″ to 5’7″ in height with brown eyes and black hair. Neither the suspect or the alleged victims’ names were revealed in news reports.

All three women are U-M students and said to be over the age of 18. One of the assaults allegedly occurred on February 15; the other two date back to September of 2012. Diane Brown, U-M police spokeswoman, stated that one of the September incidents was not reported to police until the latest assault was reported, but that she did report it to university officials at the time.

Police continue to investigate the sexual assault allegations according to Lt. Robert Pfannes of the Ann Arbor Police Dept. All three assaults were said to have taken place at the Zaragon Place Apartments where the suspect lives, located on East University Avenue. All three alleged victims report having drank alcohol at the man’s apartment, and afterward being assaulted. Two of the victims said that they woke up in the midst of the assaults after passing out.

The first victim did not want to file a police report, but told a university official about the alleged assault in mid-October. The official then reported the incident to police. The second victim did not report the sexual assault to either police or university officials, although news reports state that investigators were informed of the incident. The third victim notified university officials, and staff worked with her to help her understand her options; she then filed a report with the police department. At this time, a crime alert was issued.

While Michigan sex crime attorneys understand that sometimes victims do not want to come forward out of embarrassment or even fear, there are also times that innocent people are falsely accused of crimes they did not commit. When sexual relations take place under the influence of alcohol, it is often difficult to determine whether they were forced or consensual.