Michigan Sex Crime Attorneys Blog

January 28, 2014

Hemlock Man Pleads Not Guilty to Sexual Assault of Relative

On January 17, 22-year-old Brandon W. Payne was arraigned on charges of sexual assault. Payne pleaded not guilty to three counts of first-degree criminal sexual conduct against someone under the age of 13 and against a relative according to news reports at Mlive.com. He is accused of sexually assaulting a female relative from 2009 to 2013 beginning when the alleged victim was 12 years old.

Payne lives near the Midland County border on Tittabawassee; after entering his not guilty plea, Payne was ordered held on a $600,000 bond by Saginaw County District Judge Terry L. Clark. Defendants have a right to a preliminary hearing within 14 days of being arraigned, however Payne waived that right before District Judge A.T. Frank on Friday. A new date for the preliminary hearing has not yet been set.

Michigan sex crime defense attorneys understand the serious consequences Payne may face if the case proceeds to trial and he is found guilty. At 22 years old, he may face a lifetime behind bars. First-degree criminal sexual conduct is the most serious sex crime anyone can be charged with, and involves penetration. Considering the alleged victim in this case was younger than 13 when the sexual abuse began, the minimum sentence if Payne is convicted is 25 years in prison.

If Payne is indeed innocent of the allegations against him, it is understandable that he would plead not guilty. However, many defendants choose to negotiate a plea agreement with the prosecutor, which can and often does result in a reduced sentence. The penalty for first-degree CSC is as serious as the punishment for murder. For this reason, it is critical for anyone who is charged with this offense to consult with a highly regarded defense lawyer who will work with the accused to determine the best strategy to protect the individual’s freedom and legal rights.

January 21, 2014

Grand Rapids Man Whose Son Was Found Wandering the Neighborhood Alone Arrested for Sexual Assault

by Scott Grabel

On Friday January 17, Alfidio Benitez Cruz was arrested for alleged sexual assault after his own 4-year-old son was found wandering alone in his Grand Rapids neighborhood. Police responded to Cruz’s home after a passing motorist found his son in the area of Buchanan Avenue and Griggs Street SW, crying for his mother.

According to news reports at Mlive.com, the boy’s mother was taking another child to a hospital, and left the 4-year-old alone at home sleeping. She believed that Cruz would be home from work shortly, according to police. Cruz’ commute was prolonged due to weather conditions. When he made it home approximately one hour after his son had been found by the passing motorist, he was arrested for second-degree CSC on a warrant out of Kentwood involving another child, not his son. The child he is accused of sexually assaulting is a 6-year-old girl who is the daughter of a woman Cruz lived with in April of 2012.

Court documents indicate the girl told authorities that Cruz inappropriately touched her on one occasion, and attempted to get her to touch him; he denied the accusations at first, then admitted that he “may” have touched her as he and the girl were playing. A warrant for Cruz’ arrest was issued in May of 2012.

While Cruz remains jailed on a $2,500, his probable cause hearing is scheduled for January 27.

When it comes to situations involving the alleged sexual abuse of a young child, it’s often difficult to know whether the child has been coerced by adults into saying things that are not true, or perhaps even seen similar situations on television which lead them to make up stories. Certainly there are young children who are victims of sexual assault, but there are also many individuals who are innocent of the accusations against them who are ultimately convicted and sentenced to time behind bars.

January 1, 2014

Hancock Man Who Volunteered with High School Hockey Team Pleads Guilty to CSC with Student

by Scott Grabel

In October of this year, Bradley Aldrich was charged with multiple sex offenses according to Examiner.com. Aldrich, who is 30 years old, was a volunteer coach for the Houghton High School hockey team according to Uppermichiganssource.com. The Examiner claims Aldrich was the assistant coach, and that he was suspended indefinitely following allegations that felony sexual acts were committed upon a student at the high school.

Regardless of whether Aldrich was a volunteer or assistant coach, criminal sexual conduct charges are serious. News reports indicate that Aldrich engaged in sexual conduct with a student between the ages of 16 and 18. Aldrich was arrested and arraigned in Houghton County, charged with third-degree criminal sexual conduct with a student between the ages of 16-18, and fourth-degree CSC with a student between the ages of 16-18. Third-degree CSC is a felony, fourth-degree CSC a high court misdemeanor.

News reports indicate that the alleged sexual misconduct took place in March of this year. On December 16, Aldrich pleaded guilty to the fourth-degree criminal sexual conduct charge; prosecutors dismissed the third-degree CSC charge in exchange for the defendant’s plea.

Aldrich remains in the Houghton County Jail and is expected to be sentenced in mid-January.

Had the third-degree criminal sexual conduct charges against Aldrich not been dismissed, he would have faced up to 15 years in prison. Fourth-degree CSC is punishable by fines of up to $500 and up to two years in prison.

Sex crimes are punished harshly in the state of Michigan. For example, a person who is convicted of first-degree criminal sexual conduct may face up to life behind bars. Many individuals convicted of sex-related offenses are sentenced to lifetime monitoring, and required to register as a sex offender. Being labeled a sex offender creates many hardships on an individual, which last a lifetime.

December 18, 2013

Ann Arbor Habitual Sex Offender Sentenced to Up to 15 Years for Sexual Assault of Boy

by Scott Grabel

Ashley Poe, a 19-year-old Ann Arbor resident, was recently sentenced in the Washtenaw County Trial Court to 10 to 15 years in prison for allegedly sexually assaulting an “at-risk runaway,” according to news reports at Mlive.com. Poe pleaded guilty; she allegedly assaulted the boy just two weeks after her release from jail for a similar offense.

In November, Poe accepted a plea deal in which her status as a habitual offender and one of the two counts of third-degree criminal sexual conduct would be dismissed. The defendant allegedly assaulted a male victim who was between the ages of 13 and 16 at a residence in Ann Arbor in September. Poe had been released just two weeks earlier after serving a one year term for a separate offense involving the sexual assault of two victims, a 13-year-old female and 14-year-old male. According to a police report, the victims in this case were part of a group of runaways. Poe maintains that while she did have sex with the 14-year-old boy underneath an Ann Arbor bridge in July of 2012, she did not force him.

In the plea agreement for the current offense, Judge Archie Brown would not agree to a sentencing agreement.

Poe also pleaded no contest in the September 2012 case, having one count each of second- and third-degree CSC and accosting a child for immoral purposes dismissed in exchange for her plea to two additional counts of assault with intent to commit second-degree CSC.

Sexual assault is a serious crime that is punished harshly in the state of Michigan. Depending on the circumstances and whether penetration is involved, those accused may face up to life in prison if convicted of first-degree CSC, the most serious sex crime of all. While several years or even life behind bars is something no one wants to face, other punishment is often just as devastating. Those accused often face a ruined reputation and career, even the deterioration of relationships. Those required to register as sex offenders remain under a stigma for life, usually shunned by society. Being labeled a sex offender creates many hardships and may impact where an individual may live, or even work.

December 17, 2013

Judge Rules Saginaw Man Charged with Sexual Assault Mentally Fit for Trial

by Scott Grabel

Derrick Conway, a 50-year-old Saginaw man, has been charged with sexually assaulting a mentally handicapped woman from April to June of this year, according to a news article at Mlive.com. Conway, who was charged with five counts of first-degree criminal sexual conduct, underwent examination to determine if he is mentally fit to face trial. The defendant was found mentally competent according to a report from the Center for Forensic Psychiatry.

The alleged victim is said to be in her early 20s. According to his arrest warrant Conway assaulted the victim who was determined to be mentally incapacitated or incapable, or physically helpless using coercion or force and/or caused personal injury. Conway’s defense lawyer, Philip Sturtz, requested an exam to determine whether his client is mentally fit. Following Saginaw County District Judge M.T. Thompson’s ruling on Monday that Conway is mentally fit to stand trial, his preliminary hearing was scheduled for December 19. A preliminary hearing is when it is determined whether probable cause exists for trial.

If convicted, Conway will face a maximum sentence of life in prison. He remains in jail on a $500,000 bond.

First-degree criminal sexual conduct is the most serious sex crime of all, leaving those accused facing life-changing penalties if convicted. Depending on the circumstances, individuals who are found guilty may be sentenced to up to life behind bars. All sex offenses are serious, and require the legal guidance and support of a capable Michigan sex crime defense attorney.

December 4, 2013

Grand Rapids Man Pleads Guilty to Soliciting Teen Girls for Sex Via Facebook

by Scott Grabel

On Tuesday December 3, 38-year-old Thabet Mahdi Saleh of Grand Rapids pleaded guilty to soliciting young girls for sex using Facebook, according to a news article at Mlive.com. Because of his guilty plea, Saleh could escape serving prison time.

Saleh agreed to a plea deal in which two charges would be dropped in exchange for his pleading guilty to accosting a child using a computer. He was initially charged with accosting children for immoral purposes and using a computer to commit a crime in connection with using the social media site to solicit three girls who were 13 and 14 years old for sex.

Police claim Saleh used Facebook sometime between September and October of last year to offer the girls money in exchange for sex; the girls reportedly live in Comstock Park and Wyoming. Saleh initially turned down a plea agreement offered by prosecutors. Had he gone to trial and been convicted of the charges, he would have faced up to 10 years in prison. A probable cause affidavit revealed that the origin of the messages sent to the girls were traced to Saleh after police obtained records from his Internet services provider.

Saleh’s trial was scheduled for December 2, but he decided to admit to the charges instead. News reports indicate that Saleh will likely avoid prison time, and will instead be placed on probation and required to register as a sex offender. His sentencing is scheduled for January 22; he remains free on a $30,000 personal recognizance bond.

Sex offenses are punished harshly in Michigan; penalties often include any number of years up to life in prison, substantial fines, and other consequences. For many, having to register as a sex offender is the most damaging punishment of all. Registered sex offenders face many difficulties which include not only a ruined reputation and career, but restrictions on where they can live or even work.

November 21, 2013

Gwinn Man Sentenced to 30 to 75 Years for Sexual Assault of Three Children

by Scott Grabel

In September, we wrote about 44-year-old William Meni, a Gwinn man who had been charged with eight counts for the alleged sexual abuse of three children who were younger than 13 years old at the time the sexual abuse occurred.

The alleged sexual assaults took place in 1995 & 1996, 2007 through 2008, and in 2012 according to news reports at Uppermichiganssource.com. Approximately one week after we wrote about the case, a Marquette jury found Meni guilty on seven of the counts which include first- and second-degree criminal sexual conduct.

On November 8, Meni was sentenced to a minimum of 30 years in prison; he could spend up to 75 years behind bars. Two of the alleged victims testified at trial; one of the girls said that among other things, Meni performed oral sex on her as she was sleeping on a couch. Another girl said that she never revealed the sexual abuse until she was a teenager, playing “truth or dare” with some friends who urged her to tell her mother. When she did, her mother asked her if she wanted to report it to police. The defense dwelled on the fact that the girl’s mother had left it up to her daughter whether to report the assault. The girl said that among other incidents, Meni had performed sexual intercourse with her.

First-degree criminal sexual conduct is the most serious of all sex crimes. The maximum penalty for those convicted is life in prison. Considering Meni will spend 30 to 75 years in prison, he will be in his mid 70s before there is any possibility for his release, if he only serves 30 years.

November 12, 2013

Divorced Father of Two Accused of Sexual Assault of Missing Teenage Girl Hears Ex-Wife’s Testimony at Probable Cause Hearing

by Scott Grabel

Robert Messer, a 37-year-old father of two, was recently charged with numerous counts of criminal sexual conduct in connection with a 15-year-old Plymouth girl who went missing in October. Messer, of Salem Township, is divorced from his wife, who testified at a probable cause hearing on Friday. Messer and the alleged victim, Emily Lalinsky, allegedly ran off together on a planned trip to Ann Arbor; the two were found together in a field near Messer’s home.

At his probable cause hearing, Messer’s ex-wife claimed that she told authorities last year that she suspected Messer and Lalinsky were involved in a romantic relationship. When the two did not return as planned from their trip to Ann Arbor, police began searching for them. This is when Messer and the victim were found in a field in Washtenaw County.

Messer was a friend of Lalinsky’s family, according to news reports. After seeing media reports regarding the missing teen, someone spotted the defendant’s truck, which was partially hidden behind a travel trailer. The person called 9-1-1, and police located the two, believing they had been in the field the entire time the girl had been reported missing.

Lalinsky’s mother, Lisa Schwartz, said that her daughter and Messer had often gone on day trips together, often taking pictures around the city. The two claimed to be in love, both leaving notes and apologizing for leaving suddenly.

Messer has been charged with one count of first-degree criminal sexual conduct, four counts of third-degree CSC, and one count of accosting a child for immoral purposes. Lalinsky’s mother claimed that she never suspected there was anything untoward about the relationship, and that her daughter regarded Messer as a father figure. She felt that Messer’s ex-wife made the allegations in order to get custody of the two children she and Messer share.

If the case moves to trial and Messer is convicted, he could potentially face life in prison. First-degree CSC is the most serious of all sex offenses, and involves penetration.

November 6, 2013

Grand Rapids Parapro Facing CSC Charges, Although Attorney Claims Defendant is Simply ‘Annoying’

by Scott Grabel

Kevin Eugene Dengel is a man called “arrogant” in news articles, a former paraprofessional for Grand Rapids Public Schools accused of six counts of criminal sexual conduct. Dengel allegedly touched the buttocks and breasts of two 13-year-old eighth graders during his tenure at Sherwood Park Global Studies Academy, according to a news article at Mlive.com.

Dengel who is 44 years old has been charged with six counts of second-degree criminal sexual conduct. If convicted, he will face up to 15 years in prison. His defense attorney claims that Dengel’s tendency to annoy people and a defiant, undisciplined student body led to the misunderstanding. Several instances of Dengel touching the girls in an inappropriate manner have allegedly occurred. One of the alleged victims testified in court that the defendant had touched her buttocks on two occasions; on one occasion, she said he said it was an accident and apologized, and that she believed him because she liked to think the best of people. On the second occasion, she said Dengel apologized again, stating that his hand has a “mind of its own.”

The second alleged victim testified that Dengel had rubbed his shoulder against her breasts on two occasions, and had touched her with his hand. She alleged that after reporting the incident, Dengel stared her down and she called him a pervert.

The incidents went unreported until April, when the two alleged victims were in a discussion with the principal regarding statements Dengel allegedly made about a student who had been expelled from school because of a fight. Discussion of fights on the campus are forbidden according to school rules in order to prevent reigniting confrontations. Dengel’s defense lawyer argues this confrontation is what led the two girls to accuse Dengel of inappropriately touching them.

Ultimately, Dengel’s defense attorney states he will prove his client is innocent, that any touching which may have occurred was unintentional and that the two girls are simply trying to get back at Dengel, who is said to be an annoying personality with an arrogant attitude.

Michigan sex crime defense attorneys know that there are many occasions on which innocent people are accused of sex-related crimes they did not commit. In this case, Dengel is a man who seems not to be well liked by either teachers or students because of his “annoying” and arrogant attitude. In cases such as this where there is no physical evidence and the outcome relies on the testimony of alleged victims, innocent people may end up behind bars.

October 22, 2013

Trial Date Rescheduled for 2014 for Bay City Man Accused of Sexual Assault

by Scott Grabel

In June of this year, 47-year-old William P. Reehl of Bay City allegedly raped a woman after the two, who had met a couple of days earlier, went to a Monitor Township motel to get high on crack. The alleged victim said that she had been “clean” for several months, and that she did not consent to having sex with Reehl. The defendant is facing several charges including unlawful imprisonment, possession of a narcotic or cocaine fewer than 25 grams, and four counts of first-degree criminal sexual conduct causing injury.

The 34-year-old woman testified in court that she met up with Reehl at his home on June 5.. The two then went to a motel, where she said that Reehl began smoking crack rock from a pipe. She alleges that he then became aggressive, and that he would not let her leave. She also alleged that Reehl forced her to smoke the cocaine, and that she suffered injuries. Eventually the victim ran from the room after grabbing her clothes and began walking in the direction of her home. A woman picked her up and drover the victim to her home, then called 911 after Reehl allegedly called her house phone. She was taken to McLaren By Region Hospital and claimed to have multiple bruises.

News articles at Mlive.com state that the defendant was shaking his head in disagreement throughout the woman’s testimony.

Reehl was scheduled to go on trial October 22, however Bay County Circuit Judge Joseph K. Sheeran adjourned the trial date, rescheduling it for March of next year. In the meantime, Reehl will submit to drug testing and will wear an electronic monitoring device after the judge released him on a personal recognizance bond.

First-degree criminal sexual conduct is the most serious of all sex-related offenses, leaving the accused to potentially face life in prison if convicted. In this situation, it is difficult to know what really happened considering the alleged victim had been a drug addict and went to the motel room with the defendant willingly. Perhaps if Reehl has been falsely accused his attorney will be able to dig through to the truth and have his client found not guilty of the charges.