Original Case Details

Back in November of 2018, a man named Thomas Moorman was pulled over for speeding In Alger County in the Upper Peninsula. He was pulled over by State police at a gas station. The state trooper claimed he smelled a strong odor of fresh marijuana coming from the vehicle. He believed that there was a “good quantity” of marijuana in the vehicle due to how strong the smell was. Moorman was asked if he had any marijuana in the vehicle and he said no. The trooper continued to ask about the marijuana smell and Moorman finally admitted that he had harvested some earlier in the day and further told the trooper that he is a medical marijuana caregiver and has five patients assigned under him. The trooper then searched his truck and found he was within the regulated limits of being a caregiver. The trooper then asked him if he had any weapons and Moorman slapped a handgun onto the dash of his truck. He had a license for the pistol from the state of Indiana. Moorman, however, was in violation of his pistol license because he was required to transfer his license to Michigan once he lived here for a year, which at that point he had. The trooper also found prescription pills that Moorman did not have a prescription for. Moorman was charged with illegally carrying a concealed weapon along with possession charges for the prescription pills. Moorman challenged the search stating that the smell of marijuana alone would not allow a search in these circumstances.

The Court Of Appeals Decision

Original Case Details

A man charged with the murder and mutilation of a 25-year old man in Shiawasee County has been found incompetent to stand trial. The victim was found in a secret room in the defendant’s basement just after Christmas day of 2019. Investigators found the victim was stabbed in the back and hung from his ankles. The victim’s throat was also slashed, and parts of his body were allegedly eaten by the defendant. Police records show that 2 other men had previously been held captive in the same basement of the defendant but managed to get away. Neither of these previous men wanted to file charges due to being scared and wanting the incident to remain private. The defendant has since been evaluated by the state’s Center for Forensic Psychiatry and been declared incompetent to stand trial. This is an extremely rare outcome as insanity defenses are rarely used and only a small percentage of insanity defenses result in the defendant being declared incompetent to stand trial.

What Is Competency?

The Michigan State Police recently contracted a software firm to create and expand a huge database of citizen information that is intended to be used as a crime-fighting instrument. The contract’s overall cost was over $12 million. This contract was awarded back in December 2018 to a software company called “Information Builders.” The state of Michigan has now halted all work related to the database project saying that their product is inoperable. The company has recently sent a $2.6 million invoice for work performed which is being disputed by the state of Michigan.

“Golden Records” And The Surrounding Controversy

Information Builders promised the Michigan State Police that they would create a huge collection of data that would produce what is termed “golden records” on its citizens. These records are considered “golden” because of the way that they would combine different data from all kinds of sources, including social media. Civil liberties attorneys have found this to be controversial because of the potential for abuse and the potential of unconstitutional surveillance of citizens. They also argue that these records will simply concentrate more police efforts in areas that are already over-policed.

Original Case Details

Ramon Ward was convicted of the murder of two women in 1994. He was 18 years old back on January 21st when he was charged in the deaths of two women at a vacant drug house in Detroit. There were no physical evidence or eyewitnesses linking Ward to the murders. His conviction was based on a pair of jailhouse snitches an unsigned “confession” that a Detroit cop tried to push as true. Prosecutors believed that Ward had enticed the women to the Detroit drug house in order to steal a disability check from one of the women and then shot the women, killing them. Two men who shared a cell with Ward at Detroit Police Headquarters came forward claiming that Ward had confessed to them that he committed the murders. One of the snitches received a reduced murder sentence from 12-25 years to time served. The other jailhouse snitch was facing up to 15 years for a breaking and entering while being a habitual offender. His sentence ended up being one-year probation for his cooperation with police. Ward was convicted and served 26 years in prison for murders he did not commit until he was exonerated.

Why Was He Exonerated?

The 2020 election season will present many changes to Washtenaw County. With Ann Arbor and its surrounding cities playing a vital role in our criminal justice system, the 2020 Judicial Elections will be one of the most important in recent years.

The main reason for these contested elections is the retirement of 14-B District Court Judge Charles Pope and Washtenaw County Circuit Court Judge David Swartz. These openings, coupled with a hotly contested prosecutorial election between Arianne Slay, Eli Savit, and Hugo Mack is making these elections pivotal to our criminal justice system. To gain insight into these elections and how they may shape the future of Washtenaw County, we spoke to several of the top criminal lawyers in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates, which is a firm known as the top criminal defense team in our state. When asked about the elections, Grabel said, “Judge David Swartz is someone that has always been an excellent voice in the Washtenaw Circuit Court. There are a lot of candidates running, and I can only hope that whoever takes his spot on the bench does so with the same fairness that Judge Swartz has always provided. We do a substantial amount of work in Washtenaw County, and it has always been a good place to practice. To keep that tradition in place will be in the best interest of justice.”

Have you ever wondered, “is there a law for EVERYTHING in the state of Michigan?” Well if you truly knew how many laws there were, then you would most likely as that question. In actuality, there is a law for almost everything in the state of Michigan. According to a 2014 study that studied a problem known as “overcriminalization,” the state of Michigan was found to have more than 918 section in its criminal code. As a comparison, the state of Illinois which has nearly 3 million more residents than Michigan, has approximately 333 less sections within its criminal code than Michigan does. Legal experts have stated that Michigan’s penal code is too big and too complex and needs to be reformed. There are over 3,100 criminal laws in the state of Michigan. This number is eight times larger than the Model Penal Code which was published in an effort to try to update and standardize many laws across the country.

Recent Updates In The Law

The state of Michigan has recognized that there is a problem with too many laws that are either outdated, not enforced, or just plain silly. There has been a significant effort towards reigning in the problem of overcriminalization in the state of Michigan. From 2008-2013 the state legislature created approximately 45 new laws every year. 44% of these new laws were felonies. 2014-2017 saw a change where only approximately seven new criminal laws were created each year. The entire time period only saw an increase of 26 new criminal laws. 53% of these new criminal laws were felonies.

Original Case Details

This is a follow up blog to a previous blog we posted. You can read that blog here. The Warren De La Salle High School Football team is under heavy fire now as seven of its members have now been charged due to this ongoing hazing scandal. These seven players are accused of hazing two younger players on the team. Multiple sources have stated that the older players held down the two younger players and sexually taunted them with a broomstick. There is no evidence of any penetration of the victims. The Prosecutor’s Office initially declined to pursue criminal charges as they didn’t feel like they had enough evidence to go forward. The correct victims did not initially come forward until it was learned that the Prosecutor’s Office was likely not going to pursue charges.

Where Are We Now?

A member of the Michigan House of Representatives from Oakland Township has introduced a bill aimed at changing the State’s terrorism law. This bill is in response to the prosecution of a student from Lake Superior State University who shared a photo of his Colt AR-15 rifle to his snapchat group. On that photo he wrote, “Takin this bad boy up, this outta make the snowflakes melt, aye? And I mean snowflakes as in snow.” The message was shared on snapchat with others outside the original group and the post was ultimately reported by someone to the university. The student returned to campus the following day and stowed his gun at the campus armory. He was later approached by local and campus police, arrested, and charged with terrorism. His bond was initially set at $250,000, and he faces an upcoming trial scheduled for March of this year. The lawmaker believes this charge is politically motivated and his bill seeks to more specifically define what a terrorist threat is, aiming to prevent situations like this.

What Does The Proposed Bill Say?

The proposed bill would more specifically define what a terroristic threat is, stating that a terroristic threat is “knowingly, intentionally, or recklessly making a statement that would intimidate, frighten, or coerce a victim into undertaking an action or refraining from undertaking an action.” The bill would also require a threat of physical force or destruction must be made by the person intending to carry it out while considering context so that a “reasonable person” could conclude that this was a legitimate threat.

In a scene reminiscent of Teenage Mutant Ninja Turtles, a glowing green ooze was seen pouring out of a hole in a retaining wall on I-696 just north of Detroit in late December. Exit 19 to Couzens Avenue going eastbound on I-696 was closed pending investigation and testing of the green ooze. It was discovered that the ooze was leaking from underground storage of these chemical by a business called Electro-Plating Services Inc. that was situated just above the freeway. The storage of these chemicals was found to be illegal to begin with and the investigation that followed led to the federal indictment and conviction of the owner of Electro-Plating Services Inc.

What Is The Green Ooze?

An investigation into what the green ooze actually is determined that there were numerous toxins in the soil and groundwater at the site, at very high levels. One of the toxins discovered at the site in high levels was hexavalent chromium. This chemical is associated with kidney and liver damage and can also cause cancer. Two other toxic chemicals were also present, Trichloroethlene (TCE) and cyanide. It was discovered that instead of properly disposing of these chemicals offsite, the company simply stored the chemicals in drums underground. The basement of the facility was leaking and led to this green ooze spill on eastbound I-696. Luckily, state officials have made the conclusion that the green ooze has not made it into drinking water and poses no risk to do so.

A corrupt Detroit police officer has been recently sent to prison by a federal judge. This police officer was one of fourteen co-defendants in a wide ranging and long-lasting illegal drug trafficking ring. This drug trafficking ring was estimated to have lasted for at least five years before they were indicted. The officers involved used their positions as police officers to help facilitate the sale of heroin, cocaine, and fentanyl. The officer in this case specifically was involved in the sale of fentanyl. The amount listed in the indictment stated that the officer was found in possession of 400 or more grams of fentanyl.

Case History

Various amounts of drugs and money were found in the possession of many of these defendants. One defendant was found with six kilograms of cocaine in his possession. Another defendant was found with nearly one kilogram of heroin and just under 1/3 of a kilogram of fentanyl. Part of their conspiracy was to transport drugs via commercial airlines. They would have couriers take luggage to the airport, check their bags for the flight, but intentionally miss the flight. This would send the luggage to the destination where another courier would pick up the luggage. This technique is called a “check and miss.” The main officer in this case was said to be in a conspiracy with the others, supplying sensitive law enforcement information in furtherance of the crime. He was even allegedly paid $20,000 to stage a fake traffic stop of an associate to make their drug supplier believe that the cops had busted their drugs and money.

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