Michigan Criminal Lawyers Blog

December 12, 2012

Major League Baseball Player’s Case Moved to Michigan Court of Appeals

Chad Curtis, a former Major League Baseball player, was charged with six counts of criminal sexual conduct in May of this year after allegedly engaging in inappropriate sexual conduct with teenage girls attending Lakewood schools, where Curtis was a volunteer at Lakewood High School.

Since that time, there have been hearings and pre-trial motions which have challenged the rulings made by Judge Amy McDowell; now, the case will go to the Michigan Court of Appeals. Instead of the original trial date set for January 14 in Barry County Circuit Court, the trial is slated to begin in early May. David Dodge, Curtis’ attorney, chose to challenge motions that he lost before Judge McDowell, arguing that Chris Ellsworth, Barry County Assistant Prosecutor, was a witness necessary to Curtis’ defense; because Dodge wanted Ellsworth to take the witness stand, he motioned to have the assistant prosecutor disqualified.

According to news reports, Dodge is questioning a meeting that took place between Ellsworth and an individual who has now been identified as a victim, although the individual was reportedly a witness at the time of the meeting. Allegedly, the witness described an event between herself and Curtis to Ellsworth, but the conversation was not recorded, nor was there a third party present to witness the conversation. Dodge feels it is necessary that Ellsworth testifies as to what was discussed in the conversation, since the former witness is now supposedly a victim.

Essentially, Dodge’s motion to have the assistant prosecutor disqualified was denied by Judge McDowell, who said that the pertinent information, depending on Dodge’s questioning skills, could be revealed during the alleged victim’s testimony. Dodge also argued about an expert psychology witness that he feels should be able to testify regarding behavioral science specific to his case and client, but the judge ruled that the witness could testify only to general principles. It is expected that the Court of Appeals will rule on Dodge’s challenges to the judge’s rulings sometime in late March.

December 12, 2012

Bashara Sentenced to 80 Months to 20 Years Behind Bars for Soliciting Hit on Handyman

by Scott Grabel

Bob Bashara, a 54-year-old Grosse Pointe Park man, has been the central figure in a twisted murder plot since the first of this year, after his wife Jane was killed and Bashara’s handyman accused of killing her. Now, Bashara has been sentenced to 80 months to 20 years in prison by Judge Bruce Morrow for soliciting a hit on Joseph Gentz, his former handyman. Allegedly, Bashara wanted to get rid of the “witness” whom he hired to kill his wife in January.

Joseph Gentz appeared at Bashara’s sentencing, and although he was not in handcuffs, he has been charged with strangling Jane Bashara to death on January 25th. He remains in police custody, and claims that Bashara threatened him with the Mafia. Susan Reed, Gentz’s attorney, read a statement from her client in the courtroom which stated, “He told me he had friends in the Mafia and would have me killed. I was afraid for my life because he told me he could get me anywhere.”

Bashara pleaded guilty to solicitation in a plea deal, and said that the reason he denied guilt in the beginning was because he feared being abandoned by family and friends, and did not want to lose the respect of the community. Bashara is a philanthropist who had worked to care for the needy, collecting clothing, food, books and other supplies. Bashara pleaded for leniency, saying that he had made a promise to his grandfather that he would care for his mother in her later years. Assistant Prosecutor Robert Moran argued for an 85 month sentence, saying that Bashara was living a dual life and was the one “who decided to hire a hit man to kill someone.”

News reports claim that Bashara’s marriage was far from being happy, and that a neighbor of the Hard Luck Lounge on Mack reportedly saw Bob Bashara and others dressed in dark clothing visiting a basement thought to be a S & M sex dungeon by some. While the handyman (Gentz) is facing first-degree murder charges, Bob Bashara remains a person of interest in his wife’s death; police found her strangled body in an SUV several miles from her upscale home, in a Detroit alley.

Michigan criminal defense attorneys know that charges of solicitation are quite different from other criminal charges, and typically apply to serious felony crimes. Because of the complexity of the laws regarding solicitation, it is a must to have a competent, effective attorney.

December 11, 2012

Lansing Prescription Drug, Medicaid Fraud Rings Lead to Arrest of 7 Individuals

by Scott Grabel

Recently, seven people have been arrested after selling illegally obtained prescriptions in the Lansing tri-county area. Five people believed to be involved in the prescription drug ring are still at large. In total, a dozen people have been charged with obtaining drugs such as Vicodin and OxyContin, and selling the prescription painkillers for as much as three times the cost.

Law enforcement officials made the announcement on Monday; Theresa Szymanski, Lansing Police Chief, said that the arrests demonstrate that the abuse of prescription medications will not be tolerated. The alleged fraud and those involved were uncovered after the Lansing Police Department’s Special Operations unit worked in conjunction with Blue Cross Blue Shield investigators. It’s also believed that there are two separated drug rings which are operating independently of the other.

May of this year is when investigations began, with findings being reported to Ingham County Prosecutor Stuart Dunnings III in September; the investigation continued, as did the ring’s illegal drug activity. If convicted, individuals may be imprisoned for up to four years and fined between $30,000 and $500,000 according to news reports.

The office of state Attorney General Bill Schuette is handling three of the prosecutions due to their involvement with Medicaid fraud. The remaining nine individuals are charged with fraudulent obtaining of prescription drugs.

Dunnings stated that no names would be released as the investigation continues.

The CDC (Centers for Disease Control) reported that in 2010, over 16,000 individuals died because of opioid analgesics, which are painkillers that are highly addictive and offer euphoric effects similar to those of heroin.

Arraignment dates have not yet been set for the individuals involved in the prescription drug/Medicaid fraud rings.

Michigan prescription drug fraud attorneys know the implications for those convicted are severe. Whether you are charged with possession of these drugs, or with intent to distribute or sell, your career, reputation and freedom are at stake. Involvement in prescription or Medicaid drug rings is a problem being vigorously pursued by police and prosecutors in Michigan.

December 10, 2012

Federal Appeals Court Sides with Convicted Murderer, Sets Him Free

by Scott Grabel

Kevin J. Moore had been serving a life sentence after being convicted on a charge of first-degree murder for an offense he allegedly committed in Detroit in 2000. Now, a federal appeals court has overturned the conviction, throwing out incriminating statements made by Moore while he was being interviewed by police during his interrogation.

News reports claim that unusual circumstances led to the 2-1 decision made in the court early in December. Reportedly, Moore had requested that police call an attorney for him as he was being interviewed regarding the shooting which took the life of the victim, Hyshanti Johns. The attorney could not be reached when police attempted to contact him; the subsequent statements made by Moore without the presence of his lawyer were then used against him.

Moore requested an appeal, saying that the incriminating statements he made should have been thrown out of court because he requested an attorney. Police claimed that the conversation which ultimately convicted Moore was initiated by him, and not police. The appeals court determined that Moore did not waive his right to a lawyer, and sided with him. According to news reports, Moore will remain free unless another trial is held within six months.

Michigan murder appeals attorneys know that police often use intense pressure in order to get innocent people to say things they do not mean – in fact, the interrogation can be so excruciating and drawn out that people have admitted guilt when they were in fact innocent. Prosecutors are relentless in their efforts to secure a conviction. Today, the number of guilty verdicts being overturned on appeal even in the case of murder or homicide is proof that innocent people indeed spend time in prison for crimes they did not commit.

December 10, 2012

Detroit Home Scene of Four Slayings

by Scott Grabel

On December 4th, Detroit police officers discovered four bodies which were shot to death in a Detroit home. This is unfortunate news, considering that the city’s homicide rate was already higher than last year prior to the four deaths.

According to police, the four bodies found inside the home located in an east-side neighborhood included two men, one woman, and a teenage boy. Police spokeswoman Yvette Walker told reporters that investigators believed the killings were drug-related.

The bodies found inside the home were identified by the Wayne County medical examiner’s office as 22-year-old Janetta Harris, 28-year-old Jason Koester, 34-year-old Dyrelle Davis, and 16-year-old Shawn Bender. All three men were allegedly shot in the head; Harris died of multiple gunshot wounds.

Carla Collins, a woman who lives in the neighborhood, said that when she moved to the area three years ago it was quiet. She said that since that time, a building across the street from her home which was abandoned had become a “dope house.” Collins stated in news reports that in August of this year, a neighborhood watch group known as the Tacoma Street Block Club had been formed by herself and neighbors.

Mayor Dave Bing said that many citizens had complained that it was hard to find police officers on the streets of Detroit; he said that by the end of the winter season, more than a dozen police mini-stations would be opening, and that this was a top priority of the department. Six were open last week, and more are to open in the coming weeks in shopping and recreation centers along with other locations.

News reports state that investigations are ongoing in the death of the four individuals found in the home; no suspects were mentioned.

Michigan homicide defense attorneys know that these types of serious or violent crimes are often linked to drugs. However, those who are accused deserve a fair legal process, and are innocent until proven guilty.

December 7, 2012

Cadillac Chiropractor Sentenced to Prison for Tax Evasion

by Scott Grabel

Paul Douglas Kelly, a 53-year-old Cadillac chiropractor accused of tax evasion, was sentenced to two years in prison on Monday December 3rd. Additionally, Kelly will pay $279,145 in restitution and be placed on supervised release for two years upon the end of his prison term. The chiropractor was sentenced in Kalamazoo by U.S. District Judge Paul Maloney.

According to news reports, the government alleged that Kelly’s chiropractic business earned him $2.2 million from 1999 to 2006, but that Kelly understated his tax liability by $250,000. Kelly allegedly paid only $23,601 in taxes on the income for the years in question.

Kelly has been in the chiropractic field in the Cadillac area for two decades; he first owned the Kelly Chiropractic Center, then the Advanced Chiropractic Center later.

The government alleges that Kelly kept two sets of books, and that he inflated business related expenses while underreporting income. Kelly reportedly gave inaccurate records from the two sets of books to tax preparers, and regularly claimed expenses which were personal on federal income tax returns. Some of these personal items included hunting and snowmobile gear and collectible toys.

IRS criminal investigation special agent in charge Erick Martinez said in a statement that “Kelly went to extraordinary means to hide his income.” Apparently, Kelly learned that he could save significantly on taxes when he attended a seminar in 1996; it was at this seminar that Kelly is said to have met a “notorious tax protester and fraudster.” Kelly’s attorney, Brian Lennon, wrote in a sentencing memorandum that Kelly’s accountant advised him not to follow the advice of the fraudster, but that he didn’t listen.

Kelly pleaded guilty to tax evasion in August of this year, and was freed on a $25,000 bond pending his December sentencing.

December 6, 2012

Sand Lake Man to Stand Trial in April for Killing of Retired Michigan State Police Detective and Wife

by Scott Grabel

In September of 2011, the bodies of Michael and Terri Greene were found slain in their home in the 7000 block of Eaton Highway in Delta Township. Michael Greene, who was 62 years old, was a retired Michigan State Police detective. His wife Terri was 46 years old. Christopher Perrien, a 39-year-old Sand Lake resident, is charged in the double homicide. He is slated to stand trial for the killings in April.

Perrien was sentenced to 20 to 30 years in prison just this past September for unrelated charges of first-degree home invasion. He was also sentenced to nine to 30 years for a conviction on a charge of uttering and publishing.

Perrien was charged with the deaths of Greene and his wife in December of 2011, and waived his arraignment in Eaton County Circuit Court in February. He pleaded not guilty to all charges including first-degree murder, felony murder, and two counts of felony firearm.

Michael Greene’s body was found inside the couple’s home; his wife’s body was found outside in a pond, according to police who say relatives found the bodies. Perrien became a suspect in the homicides five days after they occurred. He had been granted a court-ordered work release and was serving time while on parole when the Greenes were murdered. Eaton County Sheriff Mike Raines said in news reports that while Perrien was on work release, it could never be verified that he actually had a job.

Michigan homicide attorneys know that murder and homicide charges are some of the most serious an individual can face, and the penalties for those convicted severe. It is critical that anyone who is accused of a crime which is considered particularly violent consult with a lawyer; otherwise, your freedom, career, and reputation are at risk.

December 6, 2012

In Michigan, Losing Your License is Like Losing Your Way – Can You Get it Back?

by Scott Grabel

OWI, DUI and other drunk driving offenses are extremely common in Detroit, Grand Rapids and other areas in Michigan, and police crack down hard on individuals who get behind the wheel in what they believe to be an inebriated state. If you are convicted on a charge of operating while intoxicated, you will face serious penalties which may include jail time and fines. However, possibly the worst penalty of all is losing your driving privileges.

We are a society that thinks nothing of hopping in the car at a moment’s notice when we need to run to the store, to get a bite to eat, or go visit a friend. Driving is a necessity for going to work, shopping, taking the kids to school – it’s in the fabric of our daily lives. When your driver’s license is suspended because of drunk or reckless driving, it can be devastating. This is particularly true if driving is part of your job. Can you get your driver’s license back after it has been suspended or revoked? It depends, but often the answer is “yes.”

Michigan driver’s license restoration attorneys know that having your license revoked is a bit more serious than having it suspended. When a license is suspended, there is a usually a specific window of time in which the license will remain suspended such as 30 days, followed by a restriction of 150 days. When an individual is found to have a BAC of .17 or higher while operating a vehicle, their driver’s license may be suspended for one year, if that individual does not consult with an attorney who can help him or her obtain a restricted license.

License suspension is bad enough, however when your driver’s license is revoked, regaining your driving privileges can be a tough challenge. The steps required to get your license back once the minimum revocation period has expired are complex, which is why it is important to obtain the services of an experienced lawyer. You will need to make a request to have your license reinstated to the Secretary of State’s office, which requires a DLAD hearing. Additionally, you must provide proof that you are no longer a risk in terms of drinking and driving; much like a court action for other criminal offenses, you will have to argue your case and produce evidence to satisfy examiners that you will not repeat your mistakes. Even after all of this, there is no guarantee that your license will be reinstated.

December 5, 2012

Milford Duo Arrested in Connection with Burglary of Home

by Scott Grabel

Two Milford men, James Golding and Jason Weeks, have recently been arrested after they were observed breaking into a home in Milford Township by members of the Oakland County Sheriff’s Office FAT (Fugitive Apprehension Team). Authorities suspect the duo is responsible of at least one other burglary.

A joint investigation between the Milford and White Lake Township Police Departments and the Oakland County Sheriff’s Office led to the arrests; each of the men were charged with receiving and concealing stolen property, and second-degree home invasion, both felony offenses. The men, who are both 38 years old, could spend up to 20 years in prison.

Investigators had learned that Golding and Weeks had been pawning substantial amounts of jewelry recently; members of FAT then set up surveillance to watch the two men, who they suspected had broken into a home in White Lake Township. The team then later observed Golding and Weeks commit home invasion in Milford Township. The two are currently being held at the Oakland County Jail. Bond was set at $25,000 each at the arraignment hearing.

Individuals who are arrested for breaking and entering must consult with an experienced Michigan home invasion lawyer right away. Defending someone against these types of charges under Michigan law is not easy; you must have an attorney who is capable of protecting your reputation and keeping you out of jail. Even when having charges dismissed is not an option, a competent lawyer will work to have the charge reduced and seek out alternative sentencing options that are less harsh.

December 4, 2012

Court of Appeals Upholds Conviction of Grand Rapids Man Responsible for Wife’s Traffic Death

by Scott Grabel

In 2010, Julie Mae Wright-Allen died after being involved in a crash in which her husband’s SUV collided with a speeding Grand Rapids police patrol car. Her husband, Ronald Lee Allen, was convicted on charges of operating a vehicle with a suspended license causing death.

Allen, 32, appealed the conviction, but the state Court of Appeals upheld it according to recent news reports. On February 21 of 2010, Allen and his wife were in a GMC Jimmy with two other people when Allen allegedly drove through a flashing red light, colliding with Officer Greg Bauer who was in a patrol car. The crash caused the SUV to roll; Wright-Allen died after suffering fatal head injuries.

According to news reports, Officer Bauer had a flashing yellow light, and thus the right of way. At the time of the accident, Wright-Allen was on maternity leave from the Cracker Barrel restaurant in Grandville, where she worked. She was a mother of a 1-month-old baby and a 2 year old, both girls.

Soon after the deadly crash occurred, Wright-Allen’s family questioned the officer’s speed. While it was alleged that Bauer was driving 25 mph, Allen’s mother said that “You are not going to tell me that, going 25 mph, you are going to flip and SUV.” Sgt. Steve Labrecque of the Grand Rapids police said that he did not believe Bauer was driving too fast, and that ultimately the SUV blew the red flashing light, causing it to turn around and roll over. Labrecque also stated that Bauer saw the SUV coming and tried to avoid it by hitting the brakes, but could not.

It was later determined that Bauer was driving 44 mph in the 25 mph zone. In his appeal request, Allen argued that the jury originally was not adequately instructed by the trial judge regarding the officer’s speeding, and that it could a causing factor in the crash. However, the appeals panel said that at the time of the trial, Allen’s trial attorney had no objections as part of the trial strategy.

Allen argued that Bauer’s speeding in a high traffic area was “grossly negligent,” however the Court of Appeals held that gross negligence could not be adequately established on violating the speed limit on its own. The appeals panel upheld Allen’s conviction writing that evidence concluded that Allen was not paying attention, drove through a flashing red traffic light and was intoxicated when the crash occurred.