Michigan Criminal Lawyers Blog

April 17, 2020

Macomb County Judges To Meet To Appoint Interim Prosecutor

Macomb County Circuit Court judges plan to meet in May to appoint an interim prosecutor to fill the role vacated by now-former prosecutor Eric Smith. These judges plan to meet on May 20 remotely to alleviate any current health and safety concerns due to the ongoing pandemic. 15 judges plan to take part in the decision to appoint a new prosecutor. There will be a 12-day application period for those interested in the position that ends on May 15. This interim position will end with the November election, where a prosecutor will then be elected to serve for the next four years. Any sitting prosecutor, however, will get a leg up on the competition in the general election whether interim or not. Having any experience in the position will be helpful to any of the prospective hopefuls to fill the newly-vacated role.

Former Prosecutor Eric Smith Facing Charges

Former Macomb County Prosecutor Eric Smith has been charged with 10 separate criminal corruption offenses relating to the alleged misuse of money forfeited to Macomb County. This money comes from the forfeiture of funds and property of criminal defendants, most typically people accused of drug trafficking. He is charged with conducting a criminal enterprise, five separate counts of embezzlement by a public official, tampering with evidence, conspiracy to commit forgery, accessory to a crime after the fact, and public office misconduct. There are three other defendants in this case for their alleged acts that contributed to these crimes. Smith has been arraigned on the ten charges and a $100,000 personal bond has been set. His passport has been seized by the court and he is not allowed to leave the state of Michigan during the pendency of his case. He was arraigned at 41B District Court in Mount Clemens. He has since resigned from his position at Macomb County Prosecutor amid these charges, opening the way for a new prosecutor. Jean Cloud who was Smith’s lead trial attorney has been serving as the active prosecutor until an interim is named.

April 16, 2020

Farmers Withdraw Pleas To Head To Trial In Federal Fraud Case

by Grabel & Associates

Original Case Details

The married owners of a farm in southwest Michigan were charged with a litany of charges related to a 2012 bankruptcy filing. The husband was indicted by a grand jury with conspiracy to commit bank fraud, bank fraud, two counts of false statements on loan and credit applications, conspiracy to defraud the United States, and three different counts of bankruptcy fraud. It is alleged that the husband fraudulently received a $68 million loan from Wells Fargo Bank by falsely claiming the amount of his land, his assets, and inventory among other things. It is alleged he also filed false insurance claims to obtain payments which were actually used to pay for his farming operations and overhead.

The husband made a deal with the U.S Attorney’s Office back in April 2019. His deal included a maximum of five years in federal prison. He pled guilty to conspiracy to commit bank fraud and conspiracy to commit crop insurance fraud. The judge ruled that the agreement was not consistent with how the sentencing guidelines should be applied in regard to the case. The judge ruled that the correct sentencing guidelines range was between 12.5 to 15 years in prison. This ruling obviously did not line up with the original five year maximum in the agreement. The judge allowed for time to either come up with a new plea agreement or withdraw the plea altogether. The wife had been charged with separate related offenses back in 2015 and sentenced to 20 months in prison on her own plea agreement. That plea was also withdrawn because her plea agreement was ruled to be contingent on the husband going through with his plea agreement.

April 15, 2020

ACLU Fights For The Release Of ICE Detainees During Pandemic

by Grabel & Associates

Immigration and Customs Enforcement (ICE) currently has approximately 600 detainees in Michigan that have been identified as “vulnerable” due to the COVID-19 pandemic. These detainees are spread out between three jails in Calhoun, Monroe, and St. Clair Counties. Approximately 160 of those deemed vulnerable have been released already. The ACLU is looking to have the remaining 440 or so vulnerable detainees released amid this pandemic. To accomplish this, the ACLU has filed a federal lawsuit calling for the immediate release of these detainees because of the nearly impossible conditions and serious public health risk that these jails have. Social distancing is not an option for most all detainees when they are locked and housed in tight quarters with each other.

Who Is The ACLU?

The American Civil Liberties Union (ACLU) was founded 100 years ago in 1920. Initially a group of civil liberties activists, it is now an organization that has over a half a million active members and supporters. The ACLU has 54 state affiliate offices nationwide, along with an office in Washington, DC. The ACLU in Michigan was formed in 1959, some four years after activists for social justice joined and pushed the ball forward towards officially organizing into a state office. Currently, the ACLU tackles social justice issues with its legal team unafraid to go to court when necessary. The current target of the ACLU is ICE and their detainment of so many undocumented people during this dangerous pandemic.

April 12, 2020

Wayne County Jail Inmates Saying They Aren’t Being Tested for COVID-19: Facebook Video Goes Viral

by Grabel & Associates

In a story that has gone viral on both Facebook and YouTube, there are accusations that inmates at the Wayne County Jail are not being treated for COVID-19. A Wayne County Jail spokesperson provided this comment that was posted on WXYZ: “Yes. We have five inmates in quarantine right now. Those who are showing symptoms we have a protocol where they are isolated for 72 hours. From there, they are sent to jail medical for further evaluation. All masks have been distributed to every inmate as of the day before yesterday.” The videos contradict what the spokesperson has said. Here are links to the Facebook video and to the news story that broke this morning.

We are left to ask if inmates in the Wayne County Jail are adequately tested, and what effect this could have on the state of Michigan? To gain a reaction to how this story and others like it could impact the criminal justice community, we spoke to several of the top criminal defense lawyers in the state of Michigan. Scott Grabel, William Amadeo, and Nancy Eaton-Gordon provided insight.

Scott Grabel is the founder of Grabel and Associates, which is located in Lansing, Washtenaw, and Kent County, Michigan. Grabel and Associates are known as the top criminal defense firm in the state of Michigan and have many active cases in Wayne County. Scott Grabel responded to the story by saying, “Safety first. That has to be our priority right now. Wayne County is a tough place for our jailers, inmates, and our courts. The volume of cases in Wayne County rival any county in the country. We need to work together during this chaotic time.”

April 11, 2020

The Right to a Speedy Trial and COVID-19

by Grabel & Associates

The state of Michigan (and for that matter every other state across our country) is faced with a concern over the “Speedy Trial” rule, which is likely to be compromised during COVID-19. According to the Michigan Court Rules (MCR 6.004) in a felony case in which the defendant has been incarcerated for a period of 180 days or more to answer for the same crime or crime based on the same conduct or arising from the same criminal episode, or in a misdemeanor case in which the defendant has been incarcerated for a period of 28 days or more to answer for the same crime or crime based on the same conduct or arising from the same criminal episode, the defendant must be released on personal recognizance, unless the court finds by clear and convincing evidence that the defendant is likely either to fail to appear for future proceedings or to present a danger to any other person or the community. There are exceptions to this rule:

(1) periods of delay resulting from other proceedings concerning the defendant, including but not limited to competency and criminal responsibility proceedings, pretrial motions, interlocutory appeals, and the trial of other charges,

(2) the period of delay during which the defendant is not competent to stand trial,

April 10, 2020

Convicted Metro Airport Official Seeks Release Amid Coronavirus

by Grabel & Associates

A former Detroit Metropolitan Airport supervisor who was convicted of receiving bribes wants a delay to the start of his prison sentence due to the coronavirus pandemic. He was convicted of 10 crimes this past June and was set to report to federal prison for a ten-year sentence starting April 2nd. His defense stressed the fact that incarcerated individuals are at special risk of infection, given their living situations. They are also in a more difficult position to take any proactive measures to keep themselves safe from infection. The setting of a prison or jail is a challenging measure during an outbreak. Michigan’s cases of coronavirus have exploded in recent weeks, and Detroit is considered one of the world’s worst hotspots for the virus currently. The state of Michigan has had nearly 5,500 confirmed cases of coronavirus as of this writing with over 125 deaths. The governor has declared a state of emergency in the state and has entered a “shelter in place” order that has left many Michiganders stuck at home. More and more cases are being confirmed inside and outside jails on a daily basis. Many state court judges are allowing releases of certain prisoners amid the outbreak.

Original Case Details

James Warner was convicted of receiving over $6 million in bribes, which amounted to the third highest amount in United States history. Prosecutors said that he steered nearly $44 million worth of airport maintenance and repair contracts to three other people who were co-conspirators. These contracts were for the improvement of the runways and parking structures at Detroit Metro Airport. Warner’s $6 million dollars came in the form of kickbacks. In addition to being the third highest amount historically nationwide, it is also the highest total in the history of public corruption cases in the Detroit area. The government seized more than $11 million from all those investigated in this case. Prosecutors pushed for 25 years in prison in this case, while Warner’s defense lawyers pushed for no more than four years. The judge ended up giving Warner a ten-year sentence, noting that while his corruption was evident, his crimes did not cause as much damage as other corruption cases like former Detroit mayor Kwame Kilpatrick. Kilpatrick was seen as someone who contributed to the fall of the city of Detroit, and he was punished in that vain. Kilpatrick currently has the record for the longest sentence for a corruption case at 28 years, a number only Ohio County politician Jimmy Dimora has matched.

April 10, 2020

Michigan Stay at Home Order Gets Extension

by Grabel & Associates

In a move that surprised very few, Michigan Gov. Gretchen Whitmer extended Michigan’s stay at home order through the end of April. She made the announcement Thursday, just four days before the original order was set to expire on Monday, April 13. With this order in place, many in the criminal law community are left with many questions. To gain insight into this issue, we spoke to three of the top criminal defense lawyers in our state.

Scott Grabel is the founder of Grabel and Associates, which is known as the top criminal defense firm in the state of Michigan. When asked about the extension of the stay at home order, Grabel said, “Safety of the community is the first concern for all involved. There is no question that our dockets are going to compromise, but we have no choice at the moment.”

William Amadeo is a partner at McManus and Amadeo and a Senior Associate for Grabel and Associates. Amadeo is known as the top criminal defense attorney in Washtenaw County and has one of the heaviest trial dockets in the state of Michigan. When asked about Governor Whitmer’s extension, Amadeo stated, “Most of my trials have been moved. I have one scheduled on May 26 in Washtenaw that is extremely personal to me, but we are in limbo. Across the board, both sides need to be reasonable right now, or our court system will be in severe danger.”

April 9, 2020

Don’t Fall For Coronavirus Stimulus Scams

by Grabel & Associates

Michigan Attorney General Dana Nessel has put out an urgent alert to people to watch out for Coronavirus stimulus check scams. As you have most likely heard, the federal government recently passed a historic $2 trillion stimulus package in an effort to keep the economy going during this unprecedented pandemic. The main part of this stimulus package is to give $1,200 to every American in form of direct payments that are not expected to be repaid or taxed. These scams are come in the form of emails where the scammers are acting as government officials ready to give citizens their stimulus money. Scammers are asking for personal financial information such as Paypal or bank accounts so people can get their stimulus money immediately. As of this writing, none of the stimulus money has actually been distributed by the federal government yet. It is expected to take a few weeks before these direct payments begin making their way to people’s bank accounts. If you have e-filed in the past and allowed the government to directly deposit your tax return into your bank account, then it is supposed to happen automatically. Others who have not had their returns deposited in the past will receive checks in the mail.

The World Since Coronavirus Hit Us

The world has come to a screeching halt in some places as this virus has spread in unprecedented ways. The problem was initially believed to be a local problem centered in China, where it is believed to have originated. Michigan’s cases of coronavirus have exploded in recent weeks, and Detroit is considered one of the world’s worst hotspots for the virus currently. The state of Michigan has had nearly 5,500 confirmed cases of coronavirus as of this writing with over 125 deaths. The governor has declared a state of emergency in the state and has entered a “shelter in place” order that has left many Michiganders stuck at home. This stimulus package was unanimously passed by the United States Senate with a 96-0 vote. Internet scammers are looking to profit off of the fear and hysteria that this virus has caused.

April 8, 2020

United States Files Drug Trafficking Charges Against Venezuelan President

by Grabel & Associates

The United States has unsealed federal drug trafficking charges against the embattled Venezuelan President Nicolas Maduro. The federal government is accusing Maduro and his regime of taking a prominent leading role in Venezuela’s drug trafficking, which has led to massive amounts of cocaine being smuggled into the United States. Relations with Venezuela have been on the downturn for over 20 years, since late former president Hugo Chavez took over control of the South American country.

Original Case Details

Attorney General William Barr has stated that the Maduro regime has been working in conjunction with the FARC guerrilla movement. FARC is the Revolutionary Armed Forces of Colombia. They are a Marxist-Leninist guerrilla group who was formed back in 1964. FARC was originally formed to represent the poor after the end of the Colombian civil war back in 1958. FARC is considered a terrorist group by the United States.

April 7, 2020

HBO Documentary Explores FBI Neglected Investigation in ‘Atlanta Child Murders’ Tragedy

by Grabel & Associates

For many in the criminal justice system, one case that stands out is the Atlanta Child Murders as it was a case that shook our nation. From May of 1979 to July of 1981 there were 29 children that were murdered in Atlanta, Georgia. The victims were all young black males and it was believed that 23-year-old Wayne Williams was responsible for the murders. Nearly 40 years after the tragedy, there has remained many doubts on the murders.

On March 21, 2019, Atlanta Mayor Keisha Lance Bottoms and Atlanta Police Chief Erika Shields announced that officials would re-test evidence from the murders, which will be gathered by the Atlanta Police Department, Fulton County District Attorney’s Office, and Georgia Bureau of Investigation. In a news conference, Mayor Bottoms said, “It may be there is nothing left to be tested. But I do think history will judge us by our actions and we will be able to say we tried.” Below is a list of the murdered children, the date of their disappearance and the cause of their deaths.

Name – Age- Date of Disappearance – Cause of Death – Case Status