Articles Posted in Sex Crimes

News has recently broken that former University of Michigan doctor Robert Anderson has been accused of sexually abusing three men during his time at the university. The accusers have claimed that the university has allowed this type of abuse to go on for decades. Those making the allegations were athletes of the university when Dr. Anderson was employed at the University of Michigan. With these allegations coming to the surface, there has been an outcry for Michigan Attorney General Dana Nessel to investigate the matter.

In response to these allegations, Nessel said that her office would investigate those allegations with two primary conditions:

First, the state Legislature must appropriate money for the investigation, similar to what it did for the sex scandal investigation at Michigan State University. And second, U-M must cooperate, be completely transparent and waive all attorney-client privileges, which was not done in MSU’s abuse scandal.

One crime that has been on the rise in the state of Michigan is Criminal Sexual Conduct (CSC). The “Me Too Movement” and other court personnel such as Victim’s Rights Advocates have led those with the claim of being raped to come forward years after the fact. The impact that this is having on the Michigan Criminal Justice System is startling. To learn more about the reporting of CSC’s we turned to several of the top criminal defense lawyers in the state of Michigan to gain their insight.

Scott Grabel is the founder of Grabel and Associates and has created a law firm which is comprised of the top criminal lawyers in our state. When asked about the impact of the new charges, Grabel stated, “The goal of the “Me Too Movement” is to give victims a voice and for that I commend it. The issue that we are starting to see if that allegations come forward decades after the fact with no physical evidence. We are in a situation where anybody can be accused of anything and that is a difficult place for the defendant to be. As criminal defense lawyers, we need to be on top of our game at all times.”

William Amadeo is a Partner at McManus and Amadeo and a Senior Associate for Grabel and Associates. Amadeo has developed a reputation as the top criminal defense lawyer in Washtenaw County and provided commentary when he said, “In Washtenaw, I believe the prosecutor’s office charges 43% of the time (last study). With that stated, we are seeing a lot of delayed reporting cases across the state and many counties outside of Washtenaw are charging at a much greater percentage. When there is no physical evidence the case becomes a one on one credibility contest and the job of defense counsel is not simply to argue the facts but to center on the personality of the defendant and their positive attributes.”

Michigan is on the rise but not for the reasons you may think. A study was done in 2014 listed our state as the 49th highest ranked state for criminal sexual conduct (CSC) charges. A more recent study (2017) has moved Michigan from number 49 to number 2 in the United States. A close look into Michigan statutes displays that there are harsh penalties even when a promising plea is negotiated. One such law that often traps defendants is Michigan Compiled Laws (MCL) 770.9b. This statute calls for the revocation on bond upon a plea of guilty to a CSC of a minor. To discuss this statute in greater detail, we spoke to several of the top criminal defense attorneys’ in the state of Michigan to gather input.

Scott Grabel is the founder of Grabel and Associates, and his firm is known as the top CSC defense firm in the Midwest. When asked about 770.9b. Grabel stated, “The statute is tricky because even when a no jail sentencing agreement is negotiated, one can have their bond revoked while waiting for their sentence. This is something that most defense lawyers are not prepared for, but the revocation occurs more than one would expect. There are ways to alleviate the revocation, but much of this depends upon which county that you are in.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan and a Senior Associate for Grabel and Associates in Lansing, Michigan. Known as one of the top criminal attorneys in the state of Michigan, Amadeo stated, “I’ve had cases in Washtenaw, Wayne and Macomb County where the judge will agree to continue bond despite the plea when the victim is a minor. Other counties such as Shiawassee or Eaton County you need to prepare your client to have a 6-week stay in jail, even when the sentence is suspended. Judges in Jackson County view this as an “impact period,” and the reality is that if the lawyer does not know the rules of the locale, their client will suffer. I think Judge Nick Holowka said it best when I started CSC defense. He told me, “Bond is a privilege, not a right.” While he continued bond on my client that day, his words were powerful and have always stuck with me throughout my career.”

One tool that a defense lawyer can utilize in defending their client is past sexual history between themselves and the complaining witness. While using the account of the party claiming to be the victim and the individual defending their freedom can present a great option, many courts are reluctant to allow such evidence into admissibility.

Statutory Authority

750.520j Evidence of a victim’s sexual conduct.

One of the strictest jurisdictions to be charged with a CSC is Ingham County. With the county seat in Mason, Michigan, Ingham County has always been known for academics at Michigan State University, Lansing Community College and Western Michigan University Thomas M. Cooley Law School are all located within 20 minutes of each other. While education had always been the hallmark of Ingham County, crimes of a sexual nature have risen to new heights in the last 5 years. With a new abundance of prosecutions, the role of the criminal defense attorney has taken on a whole outlook. The reality is that without competent counsel, the criminal defendant is facing a monumental task. To discuss this topic, we sat down with 3 of the top criminal defense lawyers in Ingham County to gain perspective.

Scott Grabel is the founder of Grabel and Associates in Lansing, Michigan. Grabel has built a firm that has gained a reputation as the top criminal defense team in the state of Michigan. When asked about the rise of CSC charges in Ingham County, Grabel said, “It has become a county where many judges are not allowing Cobbs or Killebrew Agreements, and when that happens the Probation Officer plays a vital role in plea deals. With negotiations becoming more difficult, we find that in Ingham County trying a case is becoming the optimal move for the criminal defendant. To protect our clients, we have built a trial team that is ready to fight our clients from the onset of the charge and have a trial prep in mind from day one.”

Peter Samouris owns and operates Samouris Law and is known as one of the top criminal litigators in the state of Michigan. Samouris’s experience in trying capital cases in Ingham and surrounding counties have earned him the respect of his peers. Samouris provided commentary when he said, “Probably the most difficult aspect of CSC cases-and this is especially true when the accuser is a child-is walking the fine line between discrediting the accuser, without coming across as a bully.”

A concept that the Michigan State Police have endorsed in CSC cases in the “pretext” phone call. The “pretext” phone call is an investigative tool that is utilized in a wide array of criminal investigations but has the most potent impact in crimes of a sexual nature.

The “pretext” call is a recorded telephone call between the victim and the suspect. The call is generated by the victim who will generally prepare a script and work under the supervision of an investigating officer. The Michigan State Police Department find the “pretext” call helpful because there is often a lack of physical evidence in these types of cases and the information gathered through this technique can come into admissibility as a “party admission” at trial. To learn more about the “pretext” call, we turned to some of the leaders in the field of criminal defense litigation across the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and has developed a law firm that is known as the strongest in the state of Michigan. When asked about the “pretext” call, Grabel said, “A call is an effective tool for the prosecution, but it is viewed in very different fashions in different jurisdictions. In a jurisdiction such as Caro, the jury applauds the police for the call even if nothing fruitful comes from it. In a place like Washtenaw County, if the call is unsuccessful, it could destroy a prosecutor’s case. The defendant needs always to be careful when they engage in conversations because the “Collins Call” can destroy one’s case.”

My client looked at me with a tear in his eyes when we won his rape case at a preliminary hearing. “Henry” was going to be a free man and we hugged each other as he was eternally grateful but the reality is that his life of freedom would still end up being one that was a living hell. My client was innocent, in fact, the individual that lied about him rolled the dice on his future just because she could and the joy of the judge saying that his case would not be bound over to Circuit Court was soon be replaced with the horrors of what his life had become. The allegation against him was false but the pain of what he had endured at the hands of a liar with a motive to destroy him would never make up for what he lost.

After some time had passed, we kept in contact with each other. Henry was a good man but would forever be looked at in a different light. When asked about the experience, Henry somberly spoke of his ordeal: “She took everything from me. I lost my job when the prosecutor charged me. There was no physical evidence. There was no witness. There was nothing other than her word. We had been dating off and on for a couple of years and she wanted me to lend her money. She already had a history of not paying me back. This time I told her no and she told the police that I raped her. Despite the lack of evidence, I was still charged. I’m forever grateful that I am still a free man but what happened to me is something that I hope will never happen to anybody else. I can never truly get back to the place I was before the charge and the prosecutor just went on with his life like nothing happened.”

Is there anything that can be done about false allegations? How do we as a legal profession protect someone when the accusation is false and when it comes to Criminal Sexual Conduct cases (CSC), is the defendant presumed guilty before being proven innocent?

A Sugar Land, Texas man is in federal custody while he awaits trial on charges of child pornography.  Glenn Casey Portwood, 52, is believed to be a danger to the community, and was ordered to remain in custody by U.S. Magistrate Judge Frances Stacy.  Portwood has been charged with possession of child pornography and attempting to distribute child pornography, according to news reports.

Portwood’s home was searched in September of 2012 after officers obtained a search warrant.  An FBI press release indicated that Portwood’s computer was sharing pornographic files.  Authorities obtained the search warrant to search the suspect’s home and subsequently found photos and videos of child pornography on several CDs and an external hard drive, all of which were in his vehicle.  The materials were confiscated.

Federal agents testified that in the videos and images, children were engaging in sex and being raped; some of the children depicted in the graphic images were toddlers and babies, according to the FBI.  Court documents indicate that the defendant has a long history of criminal charges related to sex offenses, dating back to 2001.  He also lives in an environment giving him access to young children.  For these reasons, Judge Stacy ordered that Portwood be held in federal custody until his May 19th trial. Continue reading

Robert Hezekiah Prescott, a 38-year-old Kalamazoo taxi driver who works for Godspeed Taxi, is facing trial for the alleged sexual assault of a woman who used his cab service on January 12 of this year, according to news reports at Mlive.com.

Court documents indicate Prescott was bound over for trial last month. The alleged victim, who had ridden in Prescott’s taxi on multiple occasions, said that Prescott told her they were going to go to his home, to which she replied, “No, we’re not.” He then allegedly forced her into the back of the cab and raped her. Prescott drove the woman home, at which point she notified police. Prescott was arrested later that evening by Kalamazoo Public Safety Officers.

According to the Michigan Department of Corrections, the defendant was on parole at the time the alleged sexual assault occurred. He has been charged with four counts of first-degree criminal sexual conduct, one count each of possession of a firearm by a felon, assault with a dangerous weapon, carrying a concealed weapon, and unlawful imprisonment, and seven counts of felony firearm.