Michigan Sex Crime Attorneys Blog

May 14, 2014

Saginaw Township Man Pleads No Contest to Sexual Assault of Female Relative

In March of this year, we wrote about a 21-year-old Saginaw Township man who had been charged with sexually assaulting a young female relative. Now, Matthew J. Martinez has pleaded no contest to charges of first-degree criminal sexual conduct against someone with whom he is related, according to news reports at Mlive.com.

Martinez was originally charged with three counts of first-degree CSC. In exchange for his no contest plea, prosecutors agreed to drop two of the counts. Saginaw County Circuit Judge Robert L. Kaczmarek indicated following a Cobbs hearing that the minimum sentence he would give to Martinez would not exceed nine years. The maximum sentence for first-degree CSC is life in prison; Kaczmarek is scheduled to sentence Martinez on June 9.

Martinez allegedly sexually assaulted the victim between January of 2010 and August of 2013. News articles do not indicate how the victim and Martinez are related. Continue reading

May 6, 2014

77-year-old Muskegon Pastor Found Guilty of Rape

by Scott Grabel

On Friday May 2, 77-year-old Carlton Lindbergh Johnson, a longtime pastor of a church in Muskegon, was found guilty on two counts of first-degree criminal sexual conduct and one count of second-degree CSC in connection with the rapes and inappropriate touching of three female relatives when they were young, according to a news article at Mlive.com. News reports indicate the jury reached a verdict in under an hour.

The victims were allegedly sexually assaulted over a period of years, one of the victims when she was younger than 13, and two when they were between the ages of 13 and 15. The crimes occurred for a number of years up until 2012 when one of the victims came forward and a police investigation began. However, several women who testified in court claimed that Johnson had raped young female family members for decades before the conduct with the most recent victims came to light.

Johnson, who used the title of bishop at the Faith Congregational Church of God in Christ where he was pastor, allegedly sexually assaulted the victims both in his office at the church, and in the basement at his residence.

Johnson claimed that the allegations against him were false, and that the accusations against him arose due to a “terribly dysfunctional family” and tension within the church and family. He is scheduled for sentencing before Muskegon County 14th Circuit Judge Timothy G. Hicks on June 2. Continue reading

April 30, 2014

Cadillac Man Accused of Child Pornography Facing Charges in Federal Court

by Scott Grabel

Brian Sevrey, a 56-year-old Cadillac man who is accused of child pornography, was facing state charges in Wexford County in connection with allegedly sexually exploiting a 2-year-old girl, according to news articles at Mlive.com. Sevrey will now face federal charges as an indictment has been filed and Sevrey transferred to Grand Rapids from the Wexford County Jail.

The National Center for Missing & Exploited Children was notified by Google; Michigan State Police were then notified by the agency of Sevrey’s activities which allegedly included using a computer to commit a crime. In all, Sevrey faces five charges which include child sexually abusive activity and distributing child pornography. If convicted of the charges against him, Sevrey will spend a minimum of 15 years in prison, and up to 30.

Court records revealed that Sevrey had the 2-year-old girl engage in conduct that was “sexually explicit” so that he could photograph her private areas. According to the indictment filed in Grand Rapids U.S. District Court, the defendant also touched the girl while photographing her. Sevrey was scheduled for an arraignment and detention hearing on April 28 before U.S. Magistrate Judge Hugh Brenneman Jr., and is being held without bond. Continue reading

April 29, 2014

Man, Woman Who are Former Mecosta County Township Officials Plead to Sexual Assault Charges

by Scott Grabel

On April 23, a man and woman who were once Mecosta County Township officials pleaded no contest to charges stemming from an investigation into sexual assault and child abuse, according to a news article at Mlive.com. 48-year-old Cathleen Martin pleaded no contest to third-degree child abuse, while 71-year-old Jack Bark pleaded no contest to fourth-degree criminal sexual conduct.

Both Martin and Bark resigned their positions with the township just after the sexual allegations were revealed. Martin was the township’s clerk, while Bark was Fork Township supervisor. Each of the two was employed by the township for approximately 20 years. While Martin is married to another man according to authorities, she and Bark reportedly live together in Barryton.

Prior to pleading no contest to the charges, Bark and Martin were facing multiple charges which included first-degree criminal sexual conduct, the most serious sex charge in Michigan which involves penetration. Bark was also facing second-degree CSC while Martin was facing charges of first- and second-degree child abuse. Bark and Martin are alleged to have begun assaulting three of Martin’s relatives in 2009. A sentencing date had not been revealed at the time of news reports, although the two defendants were lodged on a $5 million bond. Continue reading

April 10, 2014

Bay County Sex Offender Faces Up to 15 Years in Prison for Violating Parole

by Scott Grabel

In 1996, Steven D. Young, a Bangor Township resident, pleaded no contest to a single count of first-degree criminal sexual conduct with a victim younger than 13 years of age. He was sentenced to eight to 30 years in prison the following February, and paroled by the Michigan Department of Corrections in May of 2012. Now, Young faces up to 15 years in prison for violating his parole after authorities discovered that Young maintains a Facebook page under another name, and runs an off-the-books tattoo parlor.

According to a news report at Mlive.com, an unnamed tipster informed the Bay City Public Safety Department about Young’s Facebook page, saying that Young was using the name Steve Wolcott and that he was becoming friends on the social media site with single mothers of young children. Bay City police then contacted a Sex Offender Registry Coordinator at the Michigan State Police Tri-City Post.

Young had apparently posted a picture of himself giving another man a tattoo in a kitchen, which the tipster compared with a mug shot of Young. The tipster then provided police with the picture from “Wolcott’s” Facebook page along with a mug shot of Young for comparison. Police determined that Steve Wolcott was indeed Steven D. Young.

April 3, 2014

73-year-old Jackson Man Charged with Sexual Abuse of Three Young Girls

by Scott Grabel

On Monday March 31, Jackson County District Judge Michael Klaeren found that there was probable cause to send the case of a 73-year-old Jackson man accused of sexually abusing three young girls to circuit court. Dwight Edward Rupert has been charged with four counts each of first- and second-degree criminal sexual conduct in a case involving three girls he once babysat, according to news reports at Mlive.com.

The alleged victims who are now ages 7, 8, and 9, testified on Monday in a courtroom which was closed to the public. The three girls are sisters according to the report, two of them biological sisters and one a stepsister. The girls were allegedly sexually abused between June of 2011 and May of 2013. Rupert is accused of touching the girls in a sexual manner during this time, and committing acts that involve penetration with two of the victims.

Rupert was considered “family,” according to the 9-year-old girl’s mother, who said that the girl’s grandmother and Rupert’s wife are close friends. She testified that she contacted authorities last summer after she and her husband were told bout the sexual abuse by the girls.

If convicted of first-degree criminal sexual conduct, Rupert could spend the rest of his life in prison.

First-degree CSC is the most serious of all sex crimes, and involves penetration. Individuals who are found guilty of this offense may be sentenced to a maximum prison term of life in prison.

Criminal cases involving young children are extremely delicate. While there is no doubt that children are sexually abused every day in our country, there are also many instances in which innocent individuals are falsely accused of these heinous crimes. Children are easily influenced, and often coerced by adults to make up stories that aren’t true. Hopefully the truth will win out in this case.

March 27, 2014

Judge Requests Additional DNA Information in Rape Case Where Alleged Victim Cannot Identify Attacker

by Scott Grabel

In 2011, a woman who is now 41 years old was allegedly raped near a playground at Jessie Loomis Elementary School by someone she claimed was following her. Now, a judge in the case is asking for additional DNA information after the woman could not identify 21-year-old Kevin D. Champion Jr., her alleged attacker.

According to a news article at Mlive.com, reports which were introduced at Champion’s March 24 preliminary hearing regarding crime lab test results from Michigan State Police were not specific enough. The DNA sample taken from Champion when the defendant was placed into the prison system matches a semen stain found on the victim’s hoodie, however Saginaw County District Judge Kyle Higgs Tarrant said that she was not comfortable with the lack of definitiveness.

Champion was charged with armed robbery, extortion, second-degree criminal sexual conduct involving a weapon, kidnapping, and three counts of first-degree CSC involving a weapon after allegedly attacking the victim, who had purchased an item for her neighbor at the T & M Market and was walking back toward her home at approximately 9 p.m. The victim claimed her attacker dragged her near the school’s playground area after placing her in a headlock.

She testified in court that she could not see all of her attacker’s face because of the hoodie he wore, and that he was armed with a silver gun which he threatened to hurt her with if she wasn’t quiet. The woman alleged that her attacker took her money and cell phone after taking off her shoes. He then proceeded to remove her pants before raping her.

Saginaw Police Officer Jonathon Beyerlein responded after one of the victim’s friends called 911. At trial, he testified that the victim could not identify Champion; two years later, she still could not identify him in a photo lineup after authorities had determined that the first DNA sample taken from Champion matched the evidence found on the woman’s hoodie. Champion is 5′ 8″ tall and weighs 145 pounds, however the woman described her attacker as about 5′ 6″ tall and weighing about 140 pounds. While she described him as tall, she explained during her testimony that because she is under 5 feet tall, someone who is 5′ 6″ is tall in comparison. The woman also described her attacker as “light skinned,” a description the defendant’s attorney said was a matter of opinion.

The remainder of Champion’s preliminary hearing has been postponed until the results of the second DNA swab are obtained, which Saginaw County Assistant Prosecutor Jennifer Barnes said could take three to six months.

March 14, 2014

Pinconning Man Gets One Year in Jail After Pleading No Contest to Sexual Assault of Girlfriend’s Daughter

by Scott Grabel

On Monday March 10, 25-year-old Joshua A. Kara of Pinconning was sentenced to one year in jail after pleading no contest to the sexual assault of his girlfriend’s teenage daughter, according to news reports at Mlive.com. Upon his release from jail, Kara was ordered to serve five years of probation.

Kara was charged with one count of second-degree criminal sexual conduct with an incapacitated victim and one count of fourth-degree CSC with a victim between the ages of 13 and 16. He pleaded no contest to the charges in January of this year.

In exchange for his no contest plea, prosecutors agreed to drop one count of first-degree criminal sexual conduct and one count of third-degree CSC, which both involve penetration and are more serious offenses than those Kara pleaded to.

Kara pleaded no contest to the charges due to the fact that he was intoxicated at the time of the incident, and has no memory of it according to his defense attorney, Matthew Reyes. A mistrial was declared last August when a jury found Kara not guilty of assault with intent to commit sexual penetration; however, the jury could not agree on the three remaining charges.

The incident allegedly took place in September of 2012 when a Pinconning woman said she was awakened by her daughter’s 13-year-old friend pounding on her door. The girl alleged that her mother’s boyfriend (Kara) had sexually assaulted her, and that she woke up to him taking off her clothes and fondling her. The girl claimed that she left the room and ran to the friend’s home.

Upon speaking to the alleged victim’s mother, deputies learned that she and Kara had come home around midnight after going out to a bar. She had no idea anything was going on until another daughter woke her up and informed her that police were at the door.

When deputies arrived at the girl’s home, Kara was sleeping. He said that he was at a loss for words, and that after arriving home from the bar, he had simply given his girlfriend’s daughter a hug goodnight. At trial, Kara maintained that he was innocent of the allegations against him.

March 6, 2014

Saginaw Township Man Headed to Circuit Court for Alleged Sexual Assault of Young Girl

by Scott Grabel

Matthew J. Martinez, a 21-year-old Saginaw Township man, is headed to Circuit Court after he allegedly sexually assaulted a girl who is now 17 years old, according to news reports at Mlive.com. Martinez waived his right to a preliminary hearing on February 28 after appearing before Saginaw County District Judge Terry L. Clark.

News reports do not indicate the age of the alleged victim when the sexual assault took place, only that Martinez sexually assaulted her on multiple occasions in Saginaw Township. He has been charged with three counts of first-degree criminal sexual conduct, the most serious sexual offense in Michigan which carries a maximum criminal penalty of life in prison for those convicted.

Martinez may choose to plead guilty, no contest, or accept a plea agreement from prosecutors if offered at Circuit Court; he may also choose to proceed to trial if he maintains that he is innocent. He remains in jail on a $225,000 bond.

Michigan sex crime attorneys know that in cases like this where the defendant and alleged victim are relatively close in age, it is often a case where the victim willingly engages in sexual intercourse. Even so, it is against the law regardless of whether the victim is a willing participant. Sex offenses that involve penetration will leave the alleged offender facing extremely serious consequences if convicted. Not only may the individual face a lifetime behind bars, he or she will also be required to register as a sex offender and face other criminal penalties as well.

February 6, 2014

Oakland County Teens Face Sexual Assault Charges in Connection with Video of Minor

by Scott Grabel

Three Oakland County teens were recently charged with sexually assaulting a 15-year-old Clawson High School girl after they allegedly used a cell phone to capture sex acts between themselves and the victim, according to news reports. The Macomb Daily identified the three teenagers as 17-year-old Travion Watkins and 18-year-old Terry Watts of Pontiac, and 17-year-old Kheimoni Slaton of Clawson.

The defendants allegedly engaged in sexual intercourse and fellatio with the minor student in October of 2013. New reports indicate that all three of the suspects attended Clawson High School when the alleged sexual assaults occurred. According to police, Watts’ cell phone was used to record the sex acts, which were then shown to other students at the school.

One of the defendants attempted to erase the video from the cell phone once it was learned that school officials had been notified of the assault, however the Oakland County Sheriff’s Department retrieved it.

The three teens have each been charged with three counts of third-degree criminal sexual conduct. Troy District Judge Kirsten Nielsen-Hartig set bond at $50,000, 10% for each of the defendants, who remained in jail pending a preliminary exam. If the teenagers are found guilty of third-degree CSC, each could face a maximum of 15 years in prison.

Third-degree criminal sexual conduct is a felony offense in Michigan, and involves penetration. Considering the ages of the defendants, each will be in his 30s before regaining freedom if convicted. While it is likely the defendants had no idea of the harsh punishment they would face if caught, it is still a crime even when an alleged victim cooperates if that person is younger than 16 years old.