Sex Crimes

December 13, 2011

Michigan Supreme Court Allows “Constitutionally Defective” Witness Screen Ruling In Allegan County To Stand In People v. Rose

The Michigan Supreme Court has ruled against hearing an appeal from a sexual-assault trial where a screen was used to block a witness from seeing the man accused. At issue is whether the placement of the screen deprived the defendant of his constitutional right to confront his accuser.

In a brief statement, the Supreme Court simply noted that it is “no longer persuaded that the questions … should be reviewed.” However the significant constitutional issues raised by the used of the screen remain.

Here Ronald Rose, a western Michigan man faces at least 25 years in jail after being convicted of sexual assault in a 2008 trial. Rose was accused of showing pornographic pictures to his wife’s 8-year-old sister and brother, and sexually abusing the girl. During the trial the one-way screen was used to keep the 8-year-old from seeing Rose. However, the screen was not used when another young witness testified. The screen – rather than providing a legitimate means to protect juveniles who may be anxious about testifying in court – was more like a theatrical prop – “the most prejudicial thing he’d ever seen in a criminal trial,” stated Rose’s Michigan sex crimes defense lawyer Scott Grabel.

The U.S. Constitution provides many protections designed to ensure criminal defendants are given a fair trial. One of these protections is the 6th Amendment, which provides that a defendant is entitled to be confronted with the witnesses against him. Where a minor is involved, MCL 600.123 provides alternative procedures for presenting child witness testimony, while accounting for the accused’s constitutional rights. Using a screen is not one of those procedures expressly permitted. Here, Rose was denied his constitutional right to confrontation and deserves a new trial.

December 2, 2011

U.S. Supreme Court To Hear Argument On How DNA Evidence Is Introduced In Rape Trials – Williams v. Illinois

by Scott Grabel

The U.S. Supreme Court is set to hear argument next week in a case involving the confrontation clause of the Sixth Amendment. The confrontation clause generally provides the right of an accused to “confront” a witness testifying against him or her at trial by way of cross-examination. In Williams v. Illinois, a case involving rape and DNA evidence, the court will review whether an accused’s constitutional rights to confront his accuser are violated when a laboratory analyst testifies at trial about DNA results when the analyst didn’t actually perform the testing.

How this case is decided case will have a significant impact on Michigan criminal trials including rape and other sex crimes. Often, DNA evidence is used to either identify or rule out a potential suspect in a crime. How this evidence is presented at trial may be a crucial factor in whether a defendant is found guilty or innocent. If you are under investigation for a Michigan sex crime, it is critical to speak with an experienced Michigan sex crime lawyer who can immediately begin investigating your matter and in the event of a trial, provide a vigorous defense.

In Williams, the Illinois State Police Laboratory sent biological evidence to be tested at a Maryland lab. The accused was arrested for a separate crime and submitted to a blood test. His DNA matched the DNA profile generated from the Maryland Lab. At trial an Illinois lab analyst testified about the DNA match, but admitted that she didn’t participate in any of the testing in Maryland and that her conclusions were based on an independent review. Williams was subsequently convicted of rape. Illinois higher courts affirmed this ruling, determining that because the lab analyst could be cross-examined and lab report itself was not submitted into evidence, the confrontation clause was not violated.

However, previous case law over the last few years has strongly debated the question of whether the lab analyst who performs a test – such as a DNA test or a blood alcohol test – must be present to testify. In 2004 in Crawford v. Washington, the court determined that prosecutors may not use statements from witnesses who are not available to testify, even where the statements are reliable. This determination has been applied to lab reports. In 2009 in Melendez-Diaz v. Massachusetts, the court noted, “Confrontation is designed not only to weed out the fraudulent analyst, but the incompetent one as well. Serious deficiencies have been found in the forensic evidence used in criminal trials.”

November 3, 2011

Senate Bill 596 Seeks To Criminalize Consensual Sex Between Students And School Employees

by Scott Grabel

A bill making it through the Michigan state Senate seeks to expand laws making prohibiting sex between school employees and students. If passed Senate Bill 596 would make consensual sex between school employees – including teachers and administrators – to have sex with students even if the student is older than 18. The law would apply even in those instances of consent, ostensibly to prevent a school employee from taking advantage of a student.

Specifically, Senate Bill 596 would amend MCL 750.520(d) and (e) to provide:

(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exists:
(e) That other person is at least 16 years of age and IS a student at a public school or nonpublic school and either of the following applies:

(i) the actor is a teacher, substitute teachers, or administrator…”

Under current law, teenagers can willingly “consent” to sex after the age of 16. Where the person is an authority figure, the age of consensual sex is 18. The new law seeks to eliminate any age limit – making it illegal for school staff to have consensual sex even with students above the age of 18.

Recently, a substitute teacher was charged with third degree sexual conduct for having sex with 3 17-year-old boys during the summer months.

Sex crime charges are serious and have the potential to negatively affect your future, requiring potential jail time, registration on the sex crimes registry and even creating a long-lasting public stigma.

October 14, 2011

Reverse Ypsilanti Prostitution Sting Leads To Arrest Of 6

by Scott Grabel

Ypsilanti news reports that police have arrested 6 men for allegedly soliciting prostitution as part of a sting conducted in Ypsilanti and Ypsilanti Township last week. The arrests were part of Enforcement Against Street Walking in Ypsilanti (E.A.S.Y.), a program aimed at eliminating the root causes of prostitution. Law enforcement, elected officials and the judicial system have all joined together in this anti-prostitution effort. Sources indicate that at least 5 additional prostitution arrests have been made in that area since May.

In fact, police in Washtenaw County, as well as Wayne, Oakland and Kalamazoo have a reputation for setting up “stings” to lure unsuspecting, law-abiding individuals to solicit a prostitute. As part of the sting, police dress up as prostitutes and arrest individuals who allegedly approach them for their sexual services. Solicitation and prostitution are both illegal – and if arrested for either, individuals face tough penalties and fines. If a second offense occurs, convictions carry with them increased penalties. An experienced Michigan prostitution defense attorney is necessary to fight the charges.

Potential penalties include, but are not limited to:

• Civil forfeitures of property, including your car
• Sexually transmitted disease testing
• Registration as a sex offender under the Michigan Sex Offender Registration Act

September 20, 2011

Quincy Board of Education Hears Comments Regarding Branch County Teen Accused Of Criminal Sexual Conduct

by Scott Grabel

In a teen criminal sexual conduct case that has received national attention, the Quincy Board of Education met yesterday to determine whether a 17-year-old Quincy High School senior accused of statutory rape may continue playing on the varsity football teen. The 17-year-old has not been convicted of any sex crime.

Whenever an individual is under investigation for or accused of a sex crime, speaking to an aggressive Michigan sex crimes defense lawyer immediately is critical to protect your reputation and begin preparing a vigorous defense. Sex crimes charges often create a social stigma – stirring up communities and debate – even before the allegations have been investigated and you’ve had a chance to defend yourself. A knowledgeable sex crimes defense law firm can get to work right away to safeguard your rights.

Here, the youth was charge with third degree criminal sexual conduct, sometimes referred to as statutory rape. CSC 3rd degree involves some sort of penetration of the alleged victim, but is a lesser crime than 1st degree criminal sexual conduct (also referred to as rape) or 2d degree criminal sexual conduct. Although all the facts and circumstances of this case are unknown, teenage sex cases often involve harsh consequences and unjust results. Many times, the conduct of two teens involved in a consensual relationship turns into criminal sexual conduct charges where one of the teens is older than 16 and one is younger. Even if the person under 16 years of age says yes, if the partner is older, he or she may be charged with statutory rape. A conviction of statutory rape carries harsh consequences – up to 15 years in jail.

July 7, 2011

Michigan Sex Registry Changes Effective July 1 Require More Information

by Scott Grabel

Thanks to much needed legislative changes, the Michigan Sex Offender registry will be adding new information concerning those individuals listed on the registry in an effort to provide a more complete picture of each person – including new information about employment, vehicle information and email addresses. News reports that the effort to implement the new sex offender verification procedures is tying up law enforcement agencies – requiring two to three times more staff than usual.

If you are required to have your name placed on the Michigan sex crimes registry, it is important to contact an experienced Michigan sex crimes registry attorney to ensure you meet all required guidelines. Although some additional effort may be required to comply with the new law, in the long run the new system is intended to provide a more accurate reflection of each individual’s risk – providing more freedom of movement to those grouped as less serious offenders.

In addition to providing registry information such as vehicle and employment information, sex offenders are required to have palm prints on file with the Michigan State Police to be forwarded to the Federal Bureau of Investigation, as well as all social media account, screen names and passwords.

June 3, 2011

Kent County Rape Conviction To Be Reviewed Due To Unfair Jury Pool

by Scott Grabel

Grand Rapids news reports that the Michigan Supreme Court will review the trial of a man convicted of a raping a woman at gun-point. In 2002, a Kent County jury convicted Ramon Bryant for an alleged rape and armed robbery he committed at age 16.

However, as the result of computer glitch the jury pool only included one black. The constitution guarantees individuals the right to trial by a jury of your peers. Here, the Supreme Court will consider whether the disproportionate number of non-black jurors to black jurors deprived Bryant of this right.

If you have been charged with a Michigan sex crime, it is important to contact an experienced Michigan sex crimes defense lawyer to provide a vigorous defense and protect your constitutional rights.

The computer glitch occurred between 2001 and 2002. A juror selection program identified too few jurors from certain zip codes that had high minority populations. Although no one has the right to have the jury made up of one particular group, the jury must represent a fair cross section of the community. The glitch – even if unintentional – may have created an unfair jury pool, resulting in an unfair conviction.

May 19, 2011

West Michigan Woman Granted New Hearing In Sex Abuse Case

by Scott Grabel

After hearing testimony from Calhoun County prosecutors and representatives from the Michigan Innocence Project, Calhoun County judge Conrad Sindt granted Lorinda Swain a new hearing on charges she sexually assaulted her son nearly ten years ago.

If you have been charged with any Michigan sex crime, it is critical to contact an experienced Michigan sex crimes defense lawyer to protect your future and your freedom.

Here, Swain was convicted of molesting her son based primarily on her son’s testimony. Swain denied the allegations, and her son repeatedly recanted his testimony, but she was still convicted. News reports indicate that several other witnesses who could have helped establish her defense were never called by her former attorney, including the failure of Calhoun County detectives to tell Swain’s former attorney about testimony from her boyfriend that the incident never happened.

Based on claims of new information and ineffective counsel, Swain is seeking a new trial.

April 28, 2011

New Law Will Keep Teens Off Sex Crimes Registry

by Scott Grabel

Effective July 1, teenagers who have mutually agreed upon sex with a younger teen will no longer be automatically listed on Michigan’s sex crimes registry. However, in certain circumstances your teen may still face placement of his or her name on the list. This includes situations such as where the age difference between the teens is more than four years and if allegations exist that sex was coerced.

Previously, teens involved in so-called “Romeo and Juliet” relationships faced having their name listed on the registry for 25 years.

With the new sex crimes registry law in place, teens as well as adults whose names were placed on the list for teenage sexual relations may contact an experienced Michigan sex crimes defense lawyer to petition for removal and to clear their name.
The revised law is a welcome change. The intent of the registry was to advise the public concerning predators but has unfairly grown and expanded to include people whose actions may reflect questionable choices, but are not hardened criminals. Listing often has life-long negative consequences, affecting the direction of a one’s life. Having your name of the registry impacts where you live, your employment and even your choice of schools.

March 25, 2011

Ingham County Jury Finds Michigan State Trooper Not Guilty Of Rape

by Scott Grabel

According to the Lansing State Journal, Michigan State Police Trooper Joseph Donovan has been found not guilty of rape by an Ingham County jury. Donovan was standing trial for nine counts of first degree sexual misconduct. The jury found him not guilty on seven counts and deadlocked on the other two.

Although Donovan is understandably relieved, the investigation, charges and subsequent trial have significantly impacted Donovan’s life. He has been on unpaid leave from work since 2008 and has been living in “limbo.” He has also faced significant public scrutiny.

Fortunately he will now be able to move on, although whether he will get his old job back has not been determined.

If you have been charged with any criminal sexual offense, it is critical to contact an experienced Michigan criminal defense lawyer immediately to begin investigating the charges and preparing your defense.