April 10, 2012

Berrien County Prosecuting Attorney Arthur J. Cotter announced today that Emanuel Coates, DOB 3/5/59 (age 53), has been taken into custody pending a parole violation hearing on April 20, 2012. Coates was released onto parole in May, 2011 in a controversial parole decision which was challenged by the Berrien County Prosecutor’s Office. Berrien County Trial Judge Alfred Butzbaugh refused to block the parole release of Coates in a December, 2011 decision. The Prosecutor’s office appealed Judge Butzbaugh’s decision and that matter is currently pending before the Michigan Court of Appeals.

Coates is alleged to have violated the terms of his parole in the following manner: 1) he failed to attend sex offender treatment as directed by his parole agent, 2) he failed to comply with the requirements of his GPS curfew as directed by his parole agent, 3) he possessed alcoholic beverages, 4) he concealed the possession/use of a computer or other device capable of connecting to the internet from his parole agent; a later search of his e-mail account discovered approximately 100 pornographic photographs, and finally, 5) he failed to comply with the Sex Offender Registration Act in that he concealed a cell phone which he was using and to which he failed to register its phone number under the Act. As a result of this failure to report all phone numbers registered to him or routinely used by him, which is a requirement under the Act, the Van Buren County Prosecutor’s Office additionally authorized a felony charge on March 29, 2012 against Coates for violating the Sex Offender Registration Act (a 4 year felony). That charge is currently pending in the Van Buren County court system.

Coates was convicted in 1996 of the offense of Assault with Intent to Murder arising out of an incident which occurred on June 14, 1995 at the Auto Specialties Plant in Benton Township. On that date, Coates attempted to abduct his ex-girlfriend, Sharon Young, from the parking lot at her place of work. After forcing her into his vehicle at knifepoint, Coates attempted to tie her up and told the victim that if she tried to yell for help he would kill her. The victim was able to escape from the vehicle after a brief struggle and ran into the plant where she was pursued by Coates. Coates caught the victim, and proceeded to slit her throat with a box cutter. She suffered 3 slash wounds to her throat, as well as, slash wounds to her right chest, leg, shoulder, and arm before other plant employees were able to intervene and save her. But for her coworkers and the subsequent swift efforts of medical personnel, the victim would have bled to death from her wounds. Coates fled the scene, but was subsequently apprehended and convicted of attempting to murder Ms.Young. At his sentencing in January of 1996, Coates was sentenced to a minimum term in prison of 17 years to a maximum term of 50 years. Coates was paroled prior to serving his 17 year minimum sentence (roughly after only 15 years) because his sentence occurred before Michigan’s Truth-in-Sentencing law was passed, which now requires the full minimum sentence to be served before the parole board can release an inmate.

At the time he committed this violent assault at the Auto Specialties Plant, Coates was on parole for a previous conviction of Criminal Sexual Conduct in the 3rd Degree in which he raped a female neighbor at knifepoint in the presence of her 3 young children. Coates was sentenced for this rape in August, 1985 to serve a minimum of 9 years in prison to a maximum of 15 years in prison. He was paroled for the first time on the rape offense in January, 1993, after serving only 8 years on his minimum sentence of 9 years. Again, this was so because his sentence for the rape occurred before Michigan’s Truth-in-Sentencing law was passed. In June, 1993, only 6 months after being paroled, he was convicted of Domestic Violence against a woman whom he married while in prison. In the course of that domestic assault, Coates admitted to threatening to kill his spouse. As a result, his parole was subsequently rescinded. He was paroled a second time on the rape case in September, 1994. While on this second parole, he was convicted of Creating a Disturbance on March 21, 1995, arising out of a domestic incident involving yet another female companion, but his parole was not rescinded. His parole on the rape case was finally revoked only after he committed the attempted murder of Ms. Young at the Auto Specialties Plant in 1995.

Prior to his rape conviction, Coates had also been convicted of several other criminal offenses. In December, 1977, Coates was convicted of Attempted Uttering and Publishing a Forged Check and he was placed on probation. His probation was revoked when he committed a new Uttering and Publishing offense while on probation for the same charge, and he subsequently received a 2½ year to 14 year prison sentence. After his release from prison on that offense, he also was convicted of the following: Receiving and Concealing Stolen Property under $100 on February 29, 1980; Attempted Three Nonsufficient Fund Checks within 10 days on November 25, 1980 (for which he was given 365 days in jail); and Attempted Jail Escape on September 10, 1981 (where he was given six months in jail).

Prosecutor Cotter said the following: “I continue to believe that the parole of Mr. Coates defies common sense and served neither justice nor the interests of public safety. The current allegations involving violations of the current terms of his parole are sadly consistent with his repeated past failures on probation and parole. Michigan law, MCL 791.240a(2), requires the parole board to revoke a sex offender’s parole if they are found to have willfully violated the Sex Offenders Registration Act. The allegations against Mr. Coates appear to indicate as much, and if so found, his parole should be revoked, thereby rendering my office’s current appeal before the Michigan Court of Appeals moot. In my judgment, Mr. Coates is, and remains, a danger to the community and should be returned to prison forthwith.”

Arthur J. Cotter
Berrien County Prosecuting Attorney
 

February 22, 2012

Berrien County Prosecuting Attorney Arthur J. Cotter announced today that his office has charged Scott William Moore (DOB 12/19/64) with two counts of Accosting a Minor for Immoral Purposes (4 year felonies) and two counts of Using a Computer to Commit a Crime (7 year felonies).

Moore, a former captain at the St. Joseph City Fire Department, reached a voluntary separation agreement with the City of St. Joseph in late October of 2011.

It is alleged that during the summer months of 2011, Moore solicited a 15 year old female to send him pictures of herself topless via cell phone. It is further alleged that the 15 year old female exposed her breasts to Moore during online video chats after being solicited to do so by Moore.

Moore is expected to turn himself in and be arraigned within the week.

Arthur J. Cotter
Berrien County Prosecuting Attorney

January 25, 2012

Berrien County Prosecuting Attorney Arthur J. Cotter announced today that his office has authorized charges against Destiny Cougar Coulson, DOB 3/11/1995, in the shooting death of David Wayne Quinn, Jr., DOB 4/10/1990. Coulson is charged with 2nd Degree Murder, an offense punishable by up to life in prison, and Felony-firearm, an offense punishable by up to 2 years consecutively in prison. Because Coulson is still a juvenile at 16 years/10 months, a juvenile petition has been authorized at this time. The prosecutor’s office has filed a traditional motion to waive Coulson into adult court for trial, which will be heard before a Family Court Judge. The decision to file a motion to waive Coulson into adult court was made due to the severity of the offense and her close proximity to age 17.

It is alleged that Coulson shot and killed her boyfriend, the victim David Quinn, Jr., during the early morning hours of January 24, 2012 at his residence, located at 5490 Shanghai Road, Pipestone Township. It is further alleged that Quinn was shot in the face by Coulson with a shotgun, which was present in the residence, after a night of drinking and arguing between the two.

A preliminary hearing in this matter is expected to be held at 3pm today in Family Court at the Berrien County Courthouse. Coulson is expected to participate in the hearing by video from the Berrien County Juvenile Center, where she is currently lodged.

Arthur J. Cotter
Berrien County Prosecuting Attorney
 

December 22, 2011

Berrien County Prosecuting Attorney Arthur J. Cotter announced that Circuit Judge Alfred Butzbaugh has denied the prosecutor’s appeal of the parole release of Emanuel Coates, age 52.

Coates was convicted in 1996 of the offense of Assault with Intent to Murder arising out of an incident which occurred on June 14, 1995 at the Auto Specialties Plant in Benton Township.  On that date, Coates attempted to abduct his ex-girlfriend, Sharon Young, from the parking lot at her place of work.  After forcing her into his vehicle at knifepoint, Coates attempted to tie her up and told the victim that if she tried to yell for help he would kill her.  The victim was able to escape from the vehicle after a brief struggle and ran into the plant where she was pursued by Coates.  Coates caught the victim, and proceeded to slit her throat with a box cutter.  She suffered 3 slash wounds to her throat, as well as, slash wounds to her right chest, leg, shoulder, and arm before other plant employees were able to intervene and save her.  But for her coworkers and the subsequent swift efforts of medical personnel, the victim would have bled to death from her wounds.  Coates fled the scene, but was subsequently apprehended and convicted of attempting to murder Ms. Young.  At his sentencing in January of 1996, Coates was sentenced to a minimum term in prison of 17 years to a maximum term of 50 years.

At the time he committed this violent assault at the Auto Specialties Plant, Coates was on parole for a previous conviction of Criminal Sexual Conduct in the 3^rd Degree in which he raped a female neighbor at knifepoint in the presence of her 3 young children.  Coates was sentenced for this rape in August, 1985 to serve a minimum of 9 years in prison to a maximum of 15 years in prison.  He was paroled for the first time on the rape offense in January, 1993, after serving only 8 years on his minimum sentence of 9 years.  This was so because his sentence for the rape occurred before Michigan’s Truth-in-Sentencing law was passed, which now requires the full minimum sentence to be served before the parole board has jurisdiction to release an inmate.  In June, 1993, only 6 months after being paroled, he was convicted of Domestic Violence against a woman whom he married while in prison.  In the course of that domestic assault, Coates admitted to threatening to kill his spouse.  As a result, his parole was subsequently rescinded.  After his return to prison, he received a major misconduct ticket in February, 1994 for possessing marijuana while in prison.  He was nonetheless paroled a second time on the rape case in September, 1994.  While on this second parole, he was convicted of Creating a Disturbance on March 21, 1995, arising out of a domestic incident involving yet another female companion, but his parole was not rescinded.  His parole on the rape case was finally revoked only after he committed the attempted murder of Ms. Young at the Auto Specialties Plant in 1995.

Prior to his rape conviction, Coates had also been convicted of several other criminal offenses.  In December, 1977, Coates was convicted of Attempted Uttering and Publishing a Forged Check and he was placed on probation.  His probation was revoked when he committed a new Uttering and Publishing offense while on probation for the same charge, and he subsequently received a 2 ½ year to 14 year prison sentence.   After his release from prison on that offense, he also was convicted of the following:  Receiving and Concealing Stolen Property under $100 on February 29, 1980; Attempted Three Nonsufficient Fund Checks within 10 days on November 25, 1980 (for which he was given 365 days in jail); and Attempted Jail Escape on September 10, 1981 (where he was given six months in jail).

A psychological assessment conducted in February, 1996, shortly after Coates entered prison on the attempted murder offense, indicated that he consistently blamed the victim for inflicting the knife wounds on her own body.   Prison psychological testing done 13 years later in May, 2009, indicated that Coates continued to exhibit attitudes which justified his behavior; he refused to accept responsibility for his actions; continued to blame the victim; and he persisted in minimizing the seriousness and consequences of his criminal behavior.  That same testing also indicated Coates continued to have a likely criminal personality which included impulsivity, risk taking, callousness, narcissism, interpersonal dominance, anger and hostility, and a tendency to exploit others.  It further suggested Coates was a person who was highly resistant to treatment.  In June of 2009, his parole was denied with the finding that Coates had “No remorse, no insight, and no reduction of risk.   Prisoner remains a risk to the public.”   In October of 2009, Coates was determined to be a High Risk to reoffend during a sex offender risk assessment.  

Nonetheless, only one year later in June of 2010, the parole board inexplicably concluded that defendant had taken responsibility for his actions; had learned to control his anger; and was not the same person anymore, and they subsequently voted to parole him with a release date in July of 2010.  The parole board was forced to suspend that decision because it had failed to obtain a psychological evaluation on him, which is required by departmental rules prior to releasing a sex offender.   In that psychological evaluation, dated December 2, 2010, the evaluator noted that Coates appeared to minimize his level of remorse and empathy regarding his assault on Ms. Young versus the rape he committed against his female neighbor.  The evaluator made clear that Coates had lied to him during the evaluation by claiming that he had no knowledge that the victim, Ms. Young, was injured in the assault on her.  The evaluator nonetheless concluded that Coates demonstrated a “basic” level of understanding of the impact of his crime and of acceptance of responsibility, as well as, an “adequate” level of remorse for his actions and empathy for his victims.  Having already voted to release Coates on parole, this newly discovered “basic” and “adequate” level of understanding on his part was sufficient for the parole board members to proceed with the parole, and it was apparently sufficient for Judge Butzbaugh as well.

In subsequent testing done on February 12, 2011, Coates was inexplicably now found not to exhibit anti-social attitudes, and his test score indicated an unlikely criminal personality.  A month later, on March 15, 2011, the parole board voted to proceed with the parole of Coates. Coates was paroled prior to serving his 17 years minimum sentence (which would not expire until January, 2013) because his sentence once again occurred before Michigan’s Truth-in-Sentencing law was passed.

In upholding the parole board’s decision to release this violent offender, Judge Butzbaugh cited commendations Coates received from supervisors in the prison law library where he worked as a library clerk, such as this one: “I commend you (Coates) for your diligence in the checking-out and checking-in of legal books and other legal references to prisoners using the OFC (Ojibway Correctional Facility) law library.”  Judge Butzbaugh also relied on low assessment scores that Coates received in the last year of his incarceration without consideration of the testing and evaluation that preceded them for the prior 14 years of Coates’ incarceration, and without carefully weighing the negative comments of evaluators concerning Coates’ behavior and continuing attitudes. 

Both the parole board members and Judge Butzbaugh completely ignored the warnings not to release this offender by the correction department’s own parole agent, retired parole agent Judy Harris, who supervised Coates while on parole for the rape case.  She wrote the parole board: “During orientation at the initial appointment with my parolees, I made a practice of thoroughly addressing the rules and expectations and was generally able to get a sense of the parolee and the likelihood of compliance.  Mr. Coates appeared devoid of emotion to the point that after escorting him from the administrative area of the parole office, I commented to the secretary my concern that Coates would likely hurt someone during the course of his parole.  He is the only individual during the over 25 years of my career in corrections who gave me that impression during the initial meeting.”

Prosecutor Cotter said the following:

“This case is an indictment against the corrections’ department and the judicial system.  In order to release this inmate, the parole board had to find that reasonable assurances exist that this prisoner will not be a menace to society or to the public safety.  No citizen who knows the facts of this case and the criminal history of this defendant would conclude that the parole board met its burden in this case.  Coates’ release from prison before he has even served his minimum sentence on this violent offense served neither justice nor the interests of public safety.  His past history of violating probation and parole; the escalating level of violence towards women, to wit: his rape of a woman at knife point, the domestic assault against his wife in which he threatened to kill her, and finally his attempted murder of an ex-girlfriend by slitting her throat; as well as his refusal to accept responsibility for his actions, his lack of remorse, and the fact that he blamed the victim for inflicting her own injuries for 14 of the past 15 years that he has been in prison… is a testament to how the department of corrections has manipulated their assessment tools to provide cover for themselves for these irresponsible releases of violent inmates and sex offenders.  The department’s asserted conclusion that Emanuel Coates is a low risk for violence and recidivism, defy common sense and is absurd. 

Coates’ prior parole agent Judy Harris expressed this obvious concern in her letter to the parole board: ‘His (Coates) last two offenses indicate a high level of repressed rage, particularly toward women.  Although it has been several years since the last offense, the ability to “jail” is not an indicator of the ability to function safely in the community as Mr. Coates’ behavior has demonstrated.  Unfortunately he also presented in the community as personable and soft-spoken, an attractive combination to many women, potentially putting them at risk.  He is currently 51 years of age, still young enough and strong enough to constitute a risk wherever he might be paroled.***While I also understand that there is great pressure to release offenders from prison, I hope that you will seriously consider the long term impact of Coates’ rage and assaultive behavior on his victims and his risk to the community based on his own documented behaviors and retain him in custody.’   

If this case is not an abuse of discretion on the part of the parole board, then their discretion truly is unfettered, and the right that the legislature gave to victims of crime and/or prosecutors to appeal such irresponsible releases is bogus.”

The prosecutor’s office has appealed this matter to the Court of Appeals.

Arthur J. Cotter

Berrien County Prosecuting Attorney

*Photos of the injuries inflicted on the victim by Emanuel Coates are attached to this press release with the consent of the victim, Sharon Young.  Color copies for the media are available by email upon request to the prosecutor’s office. 

December 8, 2011

Berrien County Prosecuting Attorney Arthur J. Cotter announced today that he has charged former Benton Harbor police officer Jared Lorenzo Graves, DOB 7/13/69, with two counts of Criminal Sexual Conduct in the 3rd degree (15 year felonies), one count of Misconduct in Office (5 year felony), and one count of Delivery of Marijuana (4 year felony).

It is alleged that on October 5, 2011, Graves, while he was still employed with the Benton Harbor police department as a police officer, forced a 24 year old female suspect into performing fellatio on him under the threat that he would proceed to arrest her for possession of marijuana, which he had confiscated from her 2 days earlier.

It is alleged that Graves was called to the Harbor Towers apartment of the 24 year old female on October 3, 2011 to investigate possible drug use at that location. It is further alleged that Graves, in the course of investigating that complaint, confiscated marijuana from the female, but did not pursue charges; rather, he contacted her 2 days later and insisted that she come down to the police station to discuss the marijuana charge. It was there that Graves led her to a storage room at the police department and it is alleged that he proceeded to force her to perform fellatio on him, returning the marijuana to her only after the act was completed. It is also alleged that Graves subsequently filed a false police report of the initial incident on October 3, 2011 in which he falsely asserted in his police report that he was unable to determine from which apartment the smell of marijuana was coming from, as well as making no mention of the fact that he had seized marijuana from a female at the scene.

Finally, it is alleged that Graves subsequently had contact with the same 24 year old female again on November 16, 2011 at Harbor Towers Apartments. It is alleged on this date that Graves ordered her to come to the police office, which is provided to the police department by Harbor Towers, and proceeded to compel her to perform fellatio on him, as well as, to engage in sexual intercourse with him under the continuing threat that he could still charge her with the marijuana offense.

Graves was arrested this morning by members of the Michigan State Police, who investigated the matter. He is expected to be arraigned this afternoon in Berrien County Trial Court.

Arthur J. Cotter
Berrien County Prosecuting Attorney

July 25, 2011

Berrien County Prosecutor Arthur J. Cotter announced today that his office is appealing the decision of the Michigan Parole Board releasing Emanuel Coates, DOB 3/5/1959, onto parole.  This parole decision was made in the last days of the previously constituted Michigan Parole and Commutations Board established under former Governor Jennifer Granholm.

Coates was convicted in 1996 of the offense of Assault with Intent to Murder arising out of an incident that occurred on June 14, 1995 at the Auto Specialties Plant in Benton Township.  On that date, Coates attempted to abduct his ex-girlfriend from her place of work.  After forcing her into his car under threat of assaulting her with a box cutter, and then tying her hands, Coates told the victim that he would kill her if she tried to yell for help.  The victim was able to flee the vehicle after a brief struggle and proceeded to run into the plant where she was pursued by Coates.  Once in the plant, Coates caught the victim and attempted to slit her throat.  The victim suffered 3 slash wounds to her throat, as well as slash wounds to her right chest, leg, shoulder and arm before plant employees were able to intervene and save her. At his sentencing on January 22, 1996, Coates was sentenced to 17 years to 50 years in prison.

While incarcerated for this offense, he received three major misconducts in prison.  A psychological assessment conducted in February, 1996 indicated that Coates “consistently blame(s) the female victim of the instant offense for having inflicted her own knife wounds on her body…”  Prison psychological testing done 13 years later in May, 2009, indicated that Coates continued to exhibit attitudes including moral justification for his criminal behavior; he refused to accept responsibility for his actions; blamed the victim; and he persisted in rationalizations that minimize the seriousness and consequences of his criminal activity.  That same testing also indicated a continued likely criminal personality which may include impulsivity, risk taking, restlessness/boredom, and absence of guilt (callousness), selfishness and narcissism, interpersonal dominance, anger and hostility, and a tendency to exploit others.  It further suggested Coates is a person who may be highly resistant to treatment.  In June of 2009, his parole was denied with the finding that Coates had “No remorse, no insight, and no reduction of risk.  Prisoner remains a risk to the public.”  In October of 2009, Coates was determined to be a High Risk to reoffend during a sex offender risk assessment.  In a psychological evaluation on December 8, 2010, the reviewer wrote that “Mr. Coates presented as having a greater level of remorse and empathy around his sexual assault than his physical assault.”  Inexplicably, in testing done on February 12, 2011, it was found that “Mr. Coates does not seem to exhibit anti-social attitudes. His score indicates unlikely criminal personality…”  The parole board voted on March 15, 2011 to parole Coates, with his effective date of release being May 3, 2011.  Coates was paroled  prior to serving his minimum 17 year sentence (which would run until January, 2013) because his case occurred before Michigan’s Truth-in-Sentencing law was passed, which now requires the full minimum sentence to be served before the parole board can release an inmate.

At the time of this heinous assault at the Auto Specialties Plant, Coates was on parole for a previous conviction of Criminal Sexual Conduct in the 3^rd degree.  That offense involved Coates going into a female neighbor’s residence, raping her, and demanding money at knife point.  The victim’s three young children were present in the home at the time of the offense.  Coates was sentenced to serve 9 years to 15 years in prison on August 5, 1985.  He committed ten major misconducts while in prison on that offense.  While incarcerated on this rape, prison records from July, 1992, reflect the following: “Until Mr. Coates comes to accept what power he does and does not have in the sense of legitimate socially accepted relationships, he is a candidate for more problems.”  Nonetheless, he was paroled in January of 1993 to Ohio to live with a wife, whom he married while in prison.  In June, 1993, he was convicted of Domestic Violence involving this wife and his parole was subsequently rescinded.  In the course of this domestic violence incident, Coates admitted to threatening to kill his spouse.  He received another major misconduct in February, 1994, for possessing marijuana while in prison.  He was paroled a 2^nd time in September, 1994.  He was convicted of Creating a Disturbance on March 21, 1995, arising out of a domestic incident which involved another female companion, but his parole was not rescinded.  His parole on this rape case was finally revoked a second time when Coates committed the Assault with Intent to Murder offense in 1996.

Prior to his Criminal Sexual Conduct in the 3^rd degree conviction, Coates had been convicted of several other criminal offenses.  On December 19, 1977, Coates was convicted of Attempted Uttering and Publishing and placed on probation.  His probation was revoked when he committed a new Uttering and Publishing while on that probation, and he subsequently received a 2½ to 14 year prison sentence.  After release from prison, he was convicted of Receiving and Concealing stolen property under $100 on February 29, 1980; an Attempted Three Nonsufficient Fund Checks within 10 days case on November 25, 1980 (for which he was given 365 days in jail), and Attempted Jail Escape on September 10, 1981 (where he was given six months in jail).

Prosecutor Cotter said: “I intend to continue to bring these irresponsible parole release decisions to the attention of the court and to the public.  The history of Emanuel Coates’ horrendous crimes, and his past failures on probation and parole, makes the parole board’s decision to release him even before his minimum sentence has been served simply incomprehensible.  In order to parole Mr. Coates, the parole board had to make a finding that reasonable assurances exist that this prisoner will not be a menace to society or to the public safety.  In my judgment, the parole board in this case clearly abused their discretion in so finding.” 

The Coates case is currently pending before Berrien County Trial Judge Alfred M. Butzbaugh.

Over the course of the past two years, the prosecutor’s office has appealed four other parole board release decisions.  In March, 2011, Judge Butzbaugh declined to block the parole release of Daniel Williams, a convicted 2^nd degree murderer.  Williams was convicted of killing an individual whom he believed sold him fake cocaine.  Witnesses to the homicide reported that Williams shot his victim in the back as he fled from Williams, and that Williams then shot the victim a second time in the head as he was laying on the ground.  At the time of his 2^nd degree Murder conviction, Williams had 9 prior misdemeanor convictions, 2 prior felony convictions and 2 prior felony juvenile adjudications. While incarcerated on the Murder conviction, he received 32 major misconduct violations in prison, as well as being convicted for an additional offense involving the possession of a weapon in prison, for which he received an additional 6 to 30 months consecutive sentence.  Williams was originally sentenced in 1993 on the murder conviction to a term of 16 2/3 years to 66 2/3 years in prison.  He was released on parole after serving only his minimum sentence.

In December, 2010, Berrien County Judge John M. Donahue likewise declined to block the parole release of Willie Haynes, a convicted child rapist.  Haynes was convicted of Criminal Sexual Conduct in the 3^rd degree plus one supplemental as a Habitual Offender and was sentenced to 10 years to 22 years in prison.  Haynes was convicted of forcing an 8 year old neighborhood boy on multiple occasions into performing fellatio on him and then he anally raped him.  Haynes threatened to break the boy’s neck if he ever told anyone.  As a result, it was not until the boy’s family moved to Kalamazoo that the boy revealed to a school psychologist what had occurred.  At the time he committed this CSC 3^rd degree offense, Haynes had 2 prior misdemeanor convictions, and 2 prior felony convictions.  He was on parole at the time he committed the rape of this child for one of those prior felonies, a Possession with Intent to Deliver Marijuana conviction.  While in prison he garnered 5 major misconduct violations, but most importantly, he “unsatisfactorily completed” the Department of Correction’s sex offender therapy program.  He was nonetheless paroled in December of 2009, just over his minimum sentence of 10 years (ie., at 10 years, 4 months).

Conversely, Berrien County Judge John E. Dewane granted the prosecutor’s appeal in 2 other cases and blocked the parole releases of Ronald Hill and Steve Sanders.  In February, 2011, Judge Dewane found that the parole board had abused their discretion in releasing Hill, a convicted 2^nd degree murderer, and subsequently blocked his parole.  Hill was convicted of murder arising out of his participation in the 1998 firebombing of a dwelling in which 3 children and their grandmother were sleeping. One of the children in the home, a 13 year old boy, succumbed to the fire and was killed.  In Sanders’ case, another convicted 2^nd degree murderer, Judge Dewane in March, 2010, once again found that the parole board had abused their discretion and likewise blocked his release on parole.  Sanders’ murder conviction arose out of an incident in December of 1992 in which Sanders stabbed his victim in the chest outside of the victim’s home after he and 2 co-defendants had robbed the victim.  Sanders had been paroled on the murder case once before, and while on that parole, he broke into an occupied home in the middle of the night while high on drugs and alcohol.

Arthur J. Cotter
BerrienCountyProsecuting Attorney 

*The victim of Emanuel Coates, Sharon Young (formerly Sharon Clark) has authorized the prosecutor’s office to release photographs of the injuries inflicted on her by this inmate.  Copies of the photographs can be picked up at the prosecutor’s office in St. Joseph or by requesting them by email at acotter@berriencounty.org. A letter from Mr. Coates’ former parole officer to the parole board is also being included with this press release for your review .

Harris Letter

April 13, 2011

Berrien County Prosecuting Attorney Arthur J. Cotter announced today that drug charges have been authorized against Sean Peter Erhard, DOB 5/31/1968, the owner/operator of the Your 3M Medical Marijuana Center, located at 3134 Niles Ave., St. Joseph Township. Erhard is charged with 4 counts of Delivery of Marijuana 2nd offense (an 8 year felony) and 4 counts of the Illegal Sale of Medical Marijuana 2nd offense (a 4 year felony) arising out of drug sales that occurred at the Your 3M Medical Marijuana Center. He is also charged with 3 counts of Delivery of Marijuana 2nd offense and 3 counts of the Illegal Sale of Medical Marijuana 2nd offense arising out of drug sales which occurred at his residence, located at 10415 Range Line Road, Berrien Township.

The drug sales occurred between the dates of March 3, 2011 and April 12, 2011, and were made to an undercover officer from the Narcotics Unit of the Berrien County Sheriff’s Department. At the time of these drug sales, it is alleged that Erhard knew he was selling marijuana to an individual whom he knew did not possess a medical marijuana card as the undercover officer had informed him of that fact.

Today, April 13, 2011, members of the Berrien County Sheriff’s Department and the Michigan State Police Southwest Enforcement Team (SWET) executed search warrants on the Your 3M Medical Marijuana Center and on Erhard’s residence on Range Line Road. Additional charges may be forthcoming as a result of the execution of those search warrants. Erhard was present at the time of the execution of the search warrant at the Medical Marijuana Center and was taken into custody by members of the Narcotics Unit.

A Temporary Restraining Order was issued today by Berrien County Trial Judge John E. Dewane enjoining any further operation of the Your 3M Medical Marijuana Center until a show cause hearing can be held before Judge Dewane on April 21, 2011 at 3pm. The Prosecutor’s Office is seeking to permanently close the center as a public nuisance given the illegal drug sales that were occurring at that location.
Erhard is expected to be arraigned tomorrow, April 14, 2011, before a Berrien County 
Trial Court Judge in St. Joseph, Michigan.
 

 March 30, 2011

Berrien County Prosecutor Arthur J. Cotter announced today that the following charges have been authorized against Niles City Police Officer Ivery Cross (DOB 4/11/85): one count of Criminal Sexual Conduct in the 1st degree (digital penetration of rectum during commission of a felony), three counts of Criminal Sexual Conduct in the 2nd degree (sexual contact with genitals and buttock during commission of a felony), and one count of the common law offense of Misconduct in Office. CSC 1st degree is a felony punishable by up to Life in prison, CSC 2nd degree is a felony punishable by up to 15 years in prison, and Misconduct in Office is a felony punishable by up to 5 years in prison.

The charges arise out of an incident that occurred on March 17, 2011, at the Niles Law Enforcement Complex involving Officer Cross and a 19 year old male whom he had arrested for possession of marijuana. It is alleged that during the time the 19 year old was in custody, Officer Cross sexually assaulted him while they were alone in a bathroom at the Law Enforcement Complex. This matter was investigated by detectives from the Michigan State Police’s Fifth District Headquarters in Paw Paw at the request of the Niles Police Department.

Cross will be arraigned at the Niles Courthouse on Thursday March 31, 2011 at 1:30 pm.
 

December 29, 2010

 Berrien County Prosecuting Attorney Arthur J. Cotter announced today that Circuit Judge John M. Donahue has denied the prosecutor’s appeal of a parole board decision to release Willie James Haynes, Jr., DOB 3/8/1969, a convicted child rapist.

 Haynes pled guilty in late 1999 to the offense of Criminal Sexual Conduct in the 3^rd Degree plus 1 supplemental as a Habitual Offender. He was sentenced to 10 years to 22 ½ years in prison.  The facts underlying his conviction are as follows:  In March of 1999 a school psychologist in Kalamazoo reported that a nine year old boy had revealed to him that he was sexually assaulted the previous year when he was 8 years old and living in Benton Harbor.  The victim subsequently reported to police that Haynes, a friend of his family, took the victim to Haynes’ home where he made the victim perform fellatio on him.  Haynes then anally raped the boy.  The victim reported that Haynes told him that if he ever told anyone Haynes would break his neck.  The victim further reported that this same conduct happened on a number of occasions.

 Haynes’ prior criminal record includes the following convictions:

1/26/1995-----------Carrying a Concealed Weapon

6/27/1995---------- Retail Fraud 2^nd Degree

7/27/1995---------- Possession with Intent to Deliver Marijuana

• he violated probation on 10/22/1996 and was given more jail time
• he violated probation again and on 4/17/1997 was sent to prison
• he paroled on 7/28/1998 for a 13 month term on parole
• he committed the sexual assault at issue in the current appeal in November, 1998
• he violated parole on 1/28/1999 and was sent to a detention facility
• he returned to parole on 5/1/1999
• he discharged from parole on 8/27/1999

 4/14/1997---------- Drunk driving and providing officer with a false identity

Because the victim’s disclosure of the sexual assault was delayed, Haynes was on parole at the time of the assaults but was discharged prior to the matter coming to the attention of authorities.

While in prison, Haynes received 5 major misconduct violations between 2005 and 2008 (the last three all coming in 2008).  Most disturbingly, in a June 2, 2008 prison Sex Offender Therapy report, Haynes’ participation in the therapy program was described as marginal to fair.  On a rating scale of Excellent, Good, Fair, and Poor for individual areas of achievement in therapy, Haynes scored no better than a “fair” rating in 24 categories with his progress in the remaining 4 categories being scored “poor.”  Overall, his performance in translating what he learned in the program into specific actions was described in the report as marginal.  Finally, risk assessment tools employed by the Department of Corrections concluded in both late 2008 and 2009 that Haynes was a high probability for risk of substance abuse problems and that he would need high levels of control.

On December 5, 2008 the Michigan Parole Board denied his parole citing Haynes’ “unsatisfactory completion” of sex offender therapy as one of the grounds for denial, and then set the next date to reconsider his parole for July, 2010.  In an expedited review of his case, the parole board on December 22, 2009 granted parole and in so doing found that “reasonable assurances exist that the inmate will not be a menace to society or to the public safety.”  This grant of parole came just over his minimum sentence of 10 years (ie., at 10 years, 4 months into his sentence range of 10 to 22 ½ years).  The prosecutor’s office appealed this decision to the circuit court arguing that the parole board had “abused their discretion” in reaching such a finding based on the state of this inmate’s record.

 In upholding the parole board’s decision, Judge Donahue emphasized that the burden was on the People to demonstrate that the parole board “abused their discretion.”  While finding that there was no evidence in the record to show any “positive reports” in programming for Haynes between the time of the parole board’s denial of parole in December, 2008 to its granting of parole in December, 2009, Judge Donahue did note a decline in misconduct citations for Haynes during that time period.  In addition, Judge Donahue noted that Haynes did complete additional Department of Correction’s programming (i.e. From Inside Out, Cage Your Rage, And Pick a Partner), even if the record was devoid of any indication on how he actually performed in those programs.  Judge Donahue also found that while Haynes minimized his criminal responsibility in 2008, he began to accept that responsibility in 2009.  Finally, Judge Donahue concluded that he could not find the parole board abused its discretion because Haynes, while imprisoned, obtained his GED; did vocational training; completed substance abuse programming; completed sex offender therapy (albeit unsatisfactorily); apparently had strong family support upon release from a sister; would have to register as a sex offender pursuant to statute; and would have terms and conditions imposed on him during his period of parole.

“I understand that it was not going to be easy to overturn parole board release decisions on an ‘abuse of discretion’ standard even when their decisions are irresponsible in my judgement.  The parole board is entrusted with tremendous discretion in reaching its decisions.  Over the past several years, the philosophy of the current parole board has shifted away from public safety and instead emphasized budgetary concerns and closing prisons.  (It is ironic that at a time of increasing risk to the public safety by closing prisons and prison camps across the state, and thereby releasing many more violent offenders back onto the streets, the budget for the Department of Corrections has remained virtually unchanged!)  The parole board is currently composed of 15 members appointed directly to the board by the Governor in staggered terms.  Given the broad initial discretion that the parole board wields, this case drives home how much it matters who the new Governor selects to fill vacancies as the current board members’ terms expire.  It is my hope that public safety once again will return as the primary philosophy of any newly selected board members and will no longer just be an afterthought.  Until then, I intend to continue to bring to the attention of the court and the public the most egregious decisions of the current parole board,” Prosecutor Cotter said.

Inmate Haynes is now eligible for release back into the community on parole.

There are currently 2 other appeals involving parole releases still pending before the Berrien County Court, those being Ronald Hill, convicted of 2^nd degree murder, and Daniel Williams, also convicted of 2^nd degree murder.  In the case of Steve Sanders, a similarly convicted 2^nd degree murderer, a circuit court judge previously overturned the parole board’s decision and blocked his release.

A copy of Judge Donahue’s opinion and order is available upon request.

On a related note, Prosecutor Cotter also announced that his office is appealing the decision by Circuit Judge John Dewane to appoint counsel at Berrien County taxpayers’ expense for inmate Ronald Wynn Hill arising out of the appeal to block his parole release.

Hill was convicted in 1998 of 2^nd degree murder as a result of his involvement in the firebombing of a home in which a 13 year old boy was burned to death.  In this civil appeal of an administrative board’s decision (i.e. the parole board’s decision), inmate Hill asked the court to appoint him an attorney to represent him in the appeal.  The prosecutor’s office objected to the appointment of counsel arguing there was no constitutional, statutory, or court rule mandated requirement for expending county taxpayers’ dollars in the appointment of a free attorney for this inmate.

At a hearing held on November 10, 2010 on the People’s objection, Judge Dewane did not find a constitutional, statutory, or court rule mandated basis for appointing counsel in this case; rather, Judge Dewane held that it was “within his inherent powers” as a judge to appoint free counsel to this inmate, and by extension to spend county taxpayers’ funds to pay for it, as long as he concluded it was “necessary and reasonable.”  Judge Dewane then held it was necessary and reasonable in his opinion to do so and granted inmate Hill’s request for free appointed counsel  at public expense.

“In support of his decision, Judge Dewane concluded in part that the appointment of free counsel in this matter was reasonable and necessary as Mr. Hill was ‘fighting for his liberty.’  I fundamentally do not agree with this assertion on the part of the court.  Mr. Hill is a convicted murderer; any presumption of innocence long ago lapsed, and prior courts have long held there is no constitutional or inherent right to parole.  Judge Dewane did not find, nor could he find, any constitutional, statutory, or court rule based mandate for such an appointment.  The court’s assertion of its “inherent power” to make such an appointment, literally at taxpayers’ expense, is troubling.  It amounts to the usurping of the power of the purse traditionally held by the Legislature solely on the basis of the philosophy of an individual judge.  It bears noting that the parole board, as an agency of state government, is statutorily represented by the Michigan Attorney General’s Office, and is fighting to uphold the parole release decision.  Given there is already an assistant attorney general (paid for by state taxpayers’ dollars) arguing to release inmate Hill, the appointment of a second taxpayer funded attorney (this time at county taxpayers’ expense) to fight for the release of this convicted murderer is neither necessary or reasonable,” Prosecutor Cotter said.

The prosecutor’s appeal of Judge Dewane’s decision is currently pending before the Michigan Court of Appeals.

A copy of the Prosecutor’s application for leave to appeal is available upon request.

July 20, 2010

An open letter to the citizens of Berrien County from Prosecuting Attorney Arthur J. Cotter.

“On July 1, 2010, a Berrien County jury found Donnell Williams, DOB 5/26/1975, guilty of 2 counts of Assault with Intent to Murder, 2 counts of Felony-Firearm, 1 count of being a Felon in Possession of a Firearm, and three supplementals for being a Habitual Offender.  He faces up to LIFE in prison at his sentencing, currently scheduled for August 20, 2010.

His conviction arose out of an incident that occurred on April 9, 2010 on Lavette Avenue in Benton Harbor.  Mr. Williams shot numerous times at an individual in a car with whom he had previously fought.  While he hit the car three times with bullets, he also missed several times. One of the stray bullets hit a 4 year old girl named Zaniya Anderson, who had the misfortune of playing in her grandmother’s front yard at the time.  The testimony of her doctor at trial indicated that the bullet passed through her chest cavity and severely damaged her spinal cord.  She is permanently paralyzed from the waist down.

I want to publicly thank the members of the jury who returned a just verdict in this matter.  I also want to thank the witnesses who came to court and testified as to what they saw and heard during the incident.  While the criminal justice system is not perfect, without the willingness of witnesses to come to court and testify, there is no chance for the system to work.  In this case, witnesses did step up and I believe as a result, justice was done.

At the time of this shooting, Donnell Williams was a recently released parolee. I roundly criticized the parole board for releasing him early.  In the April 13, 2010 edition of the Herald Palladium, Russ Marlan, a spokesman for the Michigan Department of Corrections (MDOC), accused me of taking a “cheap shot” at the Department and noted that the judge and prosecutor in Kent County who handled his last conviction for Assault with Intent to do Great Bodily Harm less than Murder set his minimum sentence.  Mr. Marlan further claimed that for me to “imply that they paroled him after three and half years because of economics is offensive.  That just does not happen.  It’s ludicrous to imply that.”

With the concern for pre-trial publicity as to Mr. William’s case no longer being pertinent, it is time for me to respond to this charge and let the citizens of this county decide for themselves whether I took a cheap shot at the MDOC.

A review of Donnell Williams’ record shows the following:

Williams was released on parole on January 7, 2010, on both the Assault with Intent to do Great Bodily Harm charge (after 3 ½ years into his 3 to 20 year sentence) and for the 3rd time on the Delivery of Cocaine charge.  Less than two months into this parole term, on February 25, 2010, Williams was caught with marijuana by the Benton Harbor Police when he was stopped and questioned as an unwanted guest at a senior citizens’ apartment complex.  In a struggle with the police officer at the time, Williams swallowed the marijuana but later admitted it was in fact marijuana and that he smoked marijuana with his friends almost every day.  Williams was subsequently charged with Possession of Marijuana 2nd offense, and that warrant was outstanding at the time of the April 9th shooting.  Williams' parole agent was notified on February 26, 2010, (the day after the incident) of the fact that Williams had been caught with marijuana. Drug use by parolees no longer engenders a return to prison, but instead is frequently dealt with by a referral for substance abuse counseling by the MDOC.

Mr. Marlan of the MDOC essentially claims that Williams was released because the judge and prosecutor in  Kent County failed in only setting the minimum sentence in the Assault with Intent to do Great Bodily Harm case at 3 years.  In reality, what the Kent County judge and prosecutor gave the parole board to work with was a sentence range of a minimum term of 3 years to a maximum term of 20 years.  Never in my 24 years as a prosecutor have I seen a parole board completely abdicate their responsibility and discretion to determine within that range of 3 to 20 years when a defendant’s release is appropriate.  Mr. Marlan asserts that Michigan prisoners rarely serve their maximum sentence.  Under a prior parole board, that is precisely what this Defendant did (in both the 1991 Assault with a Dangerous Weapon/Possession of a sawed off shotgun case and the 1996 Attempted Possession of a Concealed Weapon case)!

Before granting parole to a prisoner, the parole board must make a finding that reasonable assurance exists that the prisoner will not become a menace to society or to the public safety.  Given his record as outlined, it is for the citizens to decide if the parole board properly exercised their discretion, as Mr. Marlan has asserted, in releasing this defendant just after the minimum sentence, or whether they should have once again held him toward the maximum end of his term.  It is also for the citizens to decide what the motivation of the parole board was in releasing him so early in his latest prison term.

Prosecutors, Judges, and Parole Board members have to make decisions every day on who deserves a second chance and who doesn’t.  Sometimes, individual defendants unexpectedly surprise you with serious conduct that truly was unforeseeable.  After a review of Mr. Williams’ record, I do not believe that it was “unforeseeable” that he would grab a gun (which he wasn’t supposed to possess in the first place as a convicted felon) and once again shoot up the streets of Benton Harbor on April 9, 2010.  I stand by my criticism of the Department of Corrections and the parole board for their indefensible decision to release Mr. Williams just after his minimum sentence.

I wish that this case was an aberration, but I believe it is a portent of things to come.  This little girl’s case is like a silent canary in a coal mine, signaling the coming danger.  Prosecutors across the state, both Republicans and Democrats, have vocally criticized this, administration’s push to close prisons and release individuals back onto the streets with less and less regard for the public’s safety.  In Berrien County, as across the state, the prosecutor’s office has for the first time found it necessary to try and block recent decisions of the parole board to release serious violent offenders.  My office has appealed 3 such cases, 2 involving murderers and 1 involving a sex offender who raped a 9 year old boy.  A Berrien County judge has ruled in 1 of the murder cases that the parole board “abused its discretion” and blocked the granting of the defendant’s parole, and the other 2 cases are still pending.  Because the standard for overturning the parole board’s decisions is so high, and the shear number of questionable releases so great, it is impossible for my office or any other prosecutor’s office to effectively appeal all of these cases and stop this flood of releases.

In a March 4, 2010 article in the New York Times which discussed the burgeoning safety concern of freeing prisoners as a tool of budget cuts, Michigan Department of Correction’s Director Patricia Caruso was quoted as saying: “we can live in fear and make bad policy based on fear, or we can have some backbone and make policy based on what really helps our communities.”  As to the looming possibility that those prisoners her polices have released may re-offend, Ms. Caruso was quoted as saying “I worry about it, I say a rosary every day.”  With all due respect to the power of prayer, saying a rosary every day doesn’t replace sound public policy which hasn’t forgotten that public safety is supposed to be a top priority. As the old adage goes, God helps those who help themselves.

For me and anyone else in the State of Michigan who cares about justice and public safety, the reign of this Governor; her Director of the Department of Corrections Patricia Caruso; and the members of the parole board who have forgotten that their fidelity is owed to the People of the State of Michigan and not to the politician who appointed them with marching orders to “let them out;” cannot come soon enough. It didn’t come soon enough for a little 4 year old girl from Benton Harbor named Zaniya Anderson.

Arthur J. Cotter, Berrien County Prosecuting Attorney

March 26, 2010

In a press release issued yesterday concerning the denial of Anthony Johnson's commutation request by Governor Granholm, the release incorrectly indicated in the 9th line from the top of the page that Anthony Johnson's trial was in January of 1997.  The actual trial date was in January, 1977.

March 25, 2010

Berrien County Prosecuting Attorney Arthur J. Cotter announced today that he has received documentation this week indicating that Governor Jennifer M. Granholm has denied the commutation application of Anthony Johnson.

On April 23, 1973, Mike “Sam” Baum was found bleeding on the floor of his Benton Harbor grocery store from a fatal gunshot wound to his chest.  A three year long investigation revealed that Anthony Johnson, his brother, and his cousin were involved in a botched robbery attempt in which Johnson shot Sam Baum.  All three men were subsequently convicted of 2^nd degree murder in the death of Mr. Baum, including Anthony Johnson at the conclusion of his trial in January, 1997.  Each of the defendants received a LIFE sentence.

In his initial statement to police, Johnson denied any knowledge of the shooting.  After failing a polygraph test, he admitted shooting Mr. Baum but claimed it was an accident before changing his story again by alternatively blaming his cousin and then some other individual for the shooting.  Johnson did not testify at his trial.

At the time he committed the instant offense, Johnson had an extensive juvenile record, including being adjudicated for Assault with a Dangerous Weapon in 1966, in which he entered the Baum’s grocery store and threatened the mother of Sam Baum (who also worked at the store) with a revolver after she had scolded him.  Johnson was also waived into adult court in 1969 and convicted of Larceny from a Person for knocking down a 70 year old woman, breaking her arm, in order to steal her purse.  He received a 2 to 10 year sentence in prison for that offense before committing the murder of Mr. Baum.  Michigan courts have repeatedly affirmed his conviction on appeal.

In late 2007, the parole board voted to proceed with a public hearing to consider the release of Johnson on parole.  Berrien County Circuit Judge Charles T. LaSata objected to the granting of parole as the successor judge to the original sentencing judge (Hon. William S. White).  Under Michigan law, if a sentencing judge or his successor objects to the granting of parole on a LIFE sentence, the parole board loses jurisdiction to parole such an inmate.

Undaunted, Johnson subsequently filed a request for commutation with the Parole Board.  Commutation is a constitutional power that rests solely in the discretion of the governor after a public hearing before the Parole and Commutation Board.  On March 11, 2009, a public hearing was conducted to consider this inmate’s commutation request.  The victim’s widow, his son, and the Berrien County Prosecuting Attorney appeared and testified as to their strong opposition to the commuting of Johnson’s sentence.  At the hearing, Johnson maintained that he shot Mr. Baum accidentally when he took a shotgun into the store to pawn it; notwithstanding the fact that Johnson’s brother and cousin both maintained in their respective parole hearings that Johnson had shot Mr. Baum in a botched robbery of the store.

On October 26, 2009 Governor Granholm formally denied the request.*

*The Governor’s office does not do press releases on commutation denials, nor does the Parole Board send notice to the prosecutor’s office or the victim of such a denial.  The Prosecutor’s Office only learned of the denial of this request after inquiring as to its status when learning of a similar denial in the Efran Paredes case, and the office subsequently served a FOIA request on the Parole and Commutation Board to obtain the attached document. 

February 24, 2009

Berrien County Prosecutor Arthur J. Cotter announced today that charges have been authorized against former Benton Harbor police officer Carlton Brooks, DOB 2/8/1978, after an extensive investigation by members of the Berrien County Sheriff's Department Detective Bureau.  Brooks has been charged with 2 counts of Forgery, a 14 year felony.  In the first charge, it is alleged that Brooks in 2008 forged the signature of another Benton Harbor police officer on a departmental form which falsely represented that a 1998 Ford Explorer was an abandoned vehicle and that it had been sold at public auction when no such sale had occurred.  In the second charge, it is alleged that Brooks in 2007 falsified a departmental form which wrongly asserted an altered/reassembled 1997 wrecker was an abandoned vehicle in order to get a new, misleading clear title rather than the existing assembled title for its owner.

As a result of this investigation, additional charges have been brought against Demetrius Meeks, DOB 8/15/1972, Bonnie Buels-Meeks, DOB 2/3/1972, Patricia Griffin, DOB 7/12/1974, and William Inman, DOB 4/19/1975.  Demetrius Meeks and Bonnie Buels-Meeks are charged with Making a False Statement in an Application for a Vehicle Title, a 10 year felony.  It is alleged that the Meeks falsely reported the price they paid for a damaged 2000 Mercedes Benz in order to avoid paying the actual sales tax owed.  Patricia Griffin is charged with Receiving and Concealing a Stolen Motor Vehicle, a 5 year felony.  It is alleged Griffin possessed and concealed a stolen 2002 Chrysler P.T. Cruiser on her premises through 2007-2008.  Finally, William Inman is charged with the offenses of Arson of Insured Property, a 10 year felony, and Intentionally Passing a False Title, a 10 year felony.  It is alleged that Inman in 2006 participated in the arson of a 1997 Ford wrecker in order to collect insurance on the burnt vehicle.  In the Intentional Passing of a False Title charge, it is alleged that Inman in 2007 falsely applied for a title to a 2000 Ford Explorer claiming he purchased the vehicle for $100 from a fictitious individual in order to get a new, clear title issued by the Secretary of State.

This investigation remains active and further charges are possible.  Individuals with information related to these cases should contact Sgt. Rick Biggart of the Berrien County Sheriff's Department at (269)983-7141.

April 24, 2008

Berrien County Trial Court Judge Scott Schofield denied Frank Thomas Spagnola's motion for new trial yesterday.  Judge Schofield explained his decision in a detailed 53-page opinion.

In 2003, a jury convicted Spagnola of first-degree murder in connection with the  June, 2000 death of Lisa Fein, his estranged girlfriend and the mother of his then eleven-year-old son.  Spagnola was sentenced to life imprisonment without possibility of parole.

Fein's body was found buried in a shallow grave some distance from her home in Galien.  She had been suffocated.  Material containing human DNA was found on the fingernails of her right hand.  It was disputed at trial whether this material was dried blood.  Testing by the Michigan State Police Forensic Laboratory showed that the DNA profile for much of the material matched Spagnola's.  Police testified that Spagnola had a scratch on the lower left side of his jaw line.

In addition, the prosecution presented evidence of a bitter nine-year feud between Spagnola and Fein regarding custody, child support, and visitation of their son.  A few months before the murder, Spagnola was ordered to pay more than $14,000 in child support to Fein.  The prosecution also presented testimony that Spagnola had tried to hire someone to kill Fein in 1997.  A towel, a pillowcase, and duct tape used in the murder were shown to be similar to items Spagnola owned.

Spagnola filed his motion for new trial in May, 2004.  Most of the issues involved were decided soon thereafter.  The issue that required unusually protracted litigation was Spagnola's claim that his trial attorney had provided ineffective assistance of counsel in his handling of the DNA evidence.  Evidentiary hearings were held in 2005 and 2007 regarding various technical aspects of DNA testing and analysis.  Judge Schofield concluded that Spagnola had not shown that his attorney's performance was objectively unreasonable.  Nor had he shown a reasonable probability of a different result at trial if his attorney had performed differently.

Spagnola can appeal Judge Schofield's decision to the Michigan Court of Appeals if he chooses.

Copies of the opinion are available at the Berrien County Prosecutor's Office.