Michigan Sex Crime Attorneys Blog

June 3, 2011

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

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.

March 17, 2011

Michigan Sex Crimes Registry Reforms Adopted By Senate

by Scott Grabel

After years of criticism and unfair treatment of those convicted of minor sex offenses, the state Senate has approved a bill that will significantly alter the Michigan Sex Offenders Registry.

As a result of the new Michigan sex crimes registry legislation, juvenile offenders will no longer make the public list. Those involved in “Romeo and Juliet” cases – where consenting teens have sex – will not be placed on the list as long as the number of years separating the youths is no more than four years.

Other changes include categorizing the offenders into Tiers, with the most serious on Tier 3. Tier 1 offenders may be able to petition for removal after 10 years for good behavior. The reforms will put Michigan’s registry in compliance with the federal Adam Walsh Act.

The sex crimes registry was originally intended to notify citizens if a child predator lives in the area. However, predators only represent a small slice of the nearly 40,000 names on the list, with some people’s names remaining on the list long after their misdemeanor convictions were expunged by the courts.

Supporters applaud the changes for making Michigan’s sex offender registry less “brutal and stigmatizing” for teenagers, but note that more reforms are necessary to avoid unjust consequences.

As stated in a recent editorial published in the Detroit Free Press, “Getting rid of Romeo and Juliet cases should jump-start a broader debate on how to refine and improve and overreaching requirement that no longer serves its intended purpose.”

March 11, 2011

Michigan Child Pornography In The Facebook Era

by Scott Grabel

In the wake of the Michigan child pornography charges filed against Evan Emory, scholars are reviewing what the standards should be concerning the sharing of digital images, often not tied to any sexual malice yet charged as a sex crime with significant and often life long consequences.

Evan Emory is facing charges of distributing child sexually abusive materials after he edited a video to make it look like elementary school children were listening to him sing a sexually graphic song. He faces 20 years in prison and placement of his name on the Michigan sex crimes registry.

As stated in a recent article from the NewYork Times the Evan Emory case has drawn strong reaction both from Muskegon residents and around the world in such far reaching places as Ireland and Australia, noting that the case “underscores the still evolving nature of the law when it comes to defining child pornography in the age of Facebook, YouTube and sexting.”

Unlike adult pornography, child pornography is not provided the same First Amendment protections because the laws presume a child is being harmed. But, the reality is that “now we have situations where people are being arrested and charged” in connection with digitally altered images, where no child was abused.

February 17, 2011

Michigan Sex Offender Registry Investigation Reveals Inconsistencies And Injustice

by Scott Grabel

A recent Grand Rapids investigation into just whose name is on the Michigan sex offender registry and whether those people are really predators revealed some disturbing statistics.

The Michigan Public Sex Offender Registry (PSOR), which is designed to inform the public about “sexual predators” in their neighborhood, places anyone who is convicted of a Michigan sex offense on the registry. Nearly 1900 names from Kent County alone are on the list. Once on the registry, a person’s name may be there for several years to life.

If you have been charged with any Michigan sex crime, it is crucial to contact an experienced sex crimes defense lawyer to provide a vigorous defense and keep your name off the list.

While some people who are the list could be considered “predators” and dangerous, many others are not. As stated in the Target 8 investigation “[w]ith few details about why a sex offender is on the list, it’s difficult to determine who might be a predator and who is not a danger.”

In fact, many youthful offenders’ names are placed on the list after having consensual sex with another teen. In one case, a 17 year old was convicted of statutory rape of a 15 year-old-girl who had consented to the encounter. His name will remain there for 25 years, well after completion of his 2-year probation sentence. He continues to suffer daily set backs as the result of his listing – including not being able to get into the military, not being able to find work, and not being able to be involved in after-school activities with his sons.

February 3, 2011

New Trial For Pinckney Man After Livingston Court Overturns Criminal Sexual Conduct Case

by Scott Grabel

In November, the Court of Appeals for Livingston County overturned a jury verdict finding Gary Clinton Owens guilty of second-degree criminal sexual conduct. The Court of Appeals found the combination of prosecutorial misconduct as well as inadequate defense representation required that the conviction be overturned. A new trial date has now be set.

This case illustrates the need for an experienced sex crimes defense lawyer when facing any type of criminal sexual conduct charge. Where you or someone you know has been convicted of a sex crime, or accepted a plea that seemed unfair, you may be able to appeal the results.

Here, the Michigan Court of Appeals found enough errors committed on both sides to find that Owens was denied justice. The prosecutor improperly questioned Owens about past drug use and made inappropriate comments about his trustworthiness. Prosecutorial misconduct affected Owens’ “substantial rights” by denying him and fair and impartial trial. The errors “seriously affected the fairness, integrity, and public reputation of the judicial proceeding.”

January 14, 2011

CMU Student Faces Jail Sentence For Failure To Notify Mount Pleasant Officials Of Sex Offender Status

by Scott Grabel

A recent case involving a Central Michigan University student highlights the long-term and often unjust consequences of statutory rape and sexual misconduct laws on teens. News out of Saginaw and Mount Pleasant reports that a 19-year-old man from Isabella County’s Union Township faces a potential 4-year prison sentence after failing to notify law-enforcement that his name was on the Michigan sex offender list.

David Cheatham was forced to place his name of the sex offender registry when he was just 14 as the result of a conviction for second-degree criminal sexual conduct (sexual touching an intimate body part) with a person under the age of 13. The consequences of this one act, engaged in by a 14 year-old, continue to affect Cheatham’s daily life. Now, as a college student trying to improve his life and continue his education, he faces jail instead.

December 9, 2010

Gore Summit Man Not Guilty Of Criminal Sexual Conduct

by Scott Grabel

A Jackson County jury has determined that a Gore Summit man is not guilty of first and second-degree criminal sexual conduct. According to the Jackson Citizen Patriot, a man was accused of assaulting his now 13-year-old granddaughter who is developmentally delayed, mentally and emotionally.

Criminal sexual conduct in the first degree is often referred to as rape, and involves some form of penetration of the alleged victim. Criminal sexual conduct second degree involves touching of a sexual nature of an intimate body part without penetration.

However, little evidence exists that such actions occurred in this case. The girl reported the incidents several weeks after they had supposedly occurred, and no medical documents supported the allegations of assault. Further, the man’s ex-wife and two other family members testified that they had not seen the man acting inappropriately with children. Although the man had admitted to touching the girl inappropriately while being questioned by sheriffs, this “confession” occurred after hours of badgering.

Despite a lack of evidence, law enforcement pursued a trial against the man. In Michigan the law requires simply an allegation be made – convictions may occur without any physical evidence supporting the assault.