Michigan Criminal Lawyers Blog

December 17, 2012

Detroit Police in Limbo Following Decriminalization of Small Amounts of Marijuana

In November, Detroit voters passed a proposal legalizing the possession of up to one ounce of marijuana by individuals over 21 years old. However, it doesn’t seem that much has changed as far as police or the government are concerned. Voters passed the proposal 65-35; now, those over age 21 can supposedly possess as much as an ounce of the drug when on private property, although state police say the proposal has no impact on how they enforce drug laws.

State Police Lt. Mike Shaw said that nothing has changed for Detroit state police, because according to state law it is still illegal for those who do not have a medical marijuana card to possess marijuana. State police do not enforce local ordinances, and Shaw says that as far as their agency goes, individuals caught with pot will be cited for a misdemeanor violation. A conviction could mean up to one year in jail and up to $2,000 in fines.

According to Shaw, even though the proposal passed it is legal for any agency to write a violation according to state law. Detroit Police Sgt Eren Stephens of the Public Information Office said that the city of Detroit Law Department is reviewing the new legislation.

How possession of marijuana will be handled by the Wayne State Police Department is a question that’s still up in the air. The department patrols the campus of Wayne State University and surrounding areas, and occasionally receives calls regarding marijuana at apartments or dormitories, although Police Chief Anthony Holt said he hasn’t received any calls since the passing of the new law.

Holt stated in news reports that the department has not devised an official policy, but that the department would have to get an opinion because marijuana possession is a crime under federal law. Wayne County Sheriff’s Office Dennis Niemiec said their department is equally unclear on how these cases will be handled, and that their training and legal departments are reviewing the issue.

Because of the way laws regarding the possession of marijuana are being perceived by law enforcement agencies at the present time, Michigan criminal defense attorneys advise anyone who is arrested for possessing even a small amount of marijuana to consult with a lawyer.

December 13, 2012

Mason Man Cited for Driving While Suspended, Arrested for Other Violations Following Car Crash

by Scott Grabel

On November 30, Mason police officers were dispatched to the scene of a hit-and-run crash on E. Maple Street. The driver had apparently fled on foot after backing another friend’s car into a car which was parked on a curb on the other side of the street.

The woman who called police said that the suspect was her boyfriend, and that the car that was struck was hers. The suspect had allegedly been moving another friend’s car from the driveway when he accelerated and rapidly crashed into the parked car while in reverse. The suspect, whose identity was known, fled the vehicle and ran between residences. When officers arrived at the scene, they searched the area but could not find the suspect.

Upon returning to the complainant’s home, an officer could hear the suspect and the woman talking as the man who crashed the car was telling the complainant about his plan of escape. The officer could see the suspect inside the home; upon knocking on the door and announcing they wanted to speak to the suspect, officers were told by the complainant that he was not there. Officers told the woman that they knew otherwise, and she led them to where her boyfriend was hiding.

As police officers ordered the suspect to come out, he complied and did not resist arrest. Police charged the minor with reckless driving, driving while suspended, violation of probation, minor in possession by consumption, and leaving the scene of a crash.

Michigan driver’s license restoration attorneys know that driving on a suspended license is serious, and incurs severe penalties for those convicted. Many individuals who are caught driving while suspended will face fines, jail time, and doubling of the original license suspension.

December 13, 2012

Two Men Found Guilty of First-Degree Murder in Slayings of Two Hamtramck Women

by Scott Grabel

Reginald Brown, 25 years old, and Jeremy Brown, 20, were found guilty on Monday of the brutal kidnap and murders of two Hamtramck women, 18-year-old Abreeya Brown and 22-year-old Ashley Conaway. The two men are not related to Abreeya Brown. Two other men were allegedly involved in the kidnapping and murder plot; they are awaiting a decision from a separate jury.

The two Brown men, who are cousins, were found guilty of first-degree murder, and were also convicted on charges of unlawful imprisonment, felony murder, and torture. News reports state that both will be sentenced to life in prison. Reginald Brown was also convicted on a felony weapons charge.

The two other men believed to be involved in the plot include 25-year-old Christopher Lee and 27-year-old Brandon Cain, who is Conaway’s ex-boyfriend and believed to be the mastermind behind the plot.

Brown and Conaway’s bodies were discovered on March 25 of this year; they had been buried in shallow graves.

After being abducted, which prosecutors believe occurred in front of Conaway’s stepfather’s home, the two women, who were said to have been stuffed into a car trunk, were able to text family members alerting them that Brandon Cain had kidnapped them. Prior to the alleged kidnapping and murders, Cain had been charged with shooting at the girls along with Christopher Lee in early February. The two allegedly shot at the girls to keep them from leaving a gathering. Police suspect that the kidnapping and murder plot was devised to quiet the potential witnesses about the shooting.

News reports state that Conaway and Abreeya Brown were offered $5,000 by Cain not to testify against him regarding the shootings; when they rejected the offer, he then offered two of the four suspected killers the $5,000 to commit the kidnapping/murders of the two victims.

Michigan criminal defense attorneys realize the impact of a conviction on first-degree murder charges. These young men will likely now spend the rest of their lives behind bars for the crimes they allegedly committed.

The loss of these two young women is certainly tragic, and devastating for their friends and family; however, there are occasions when people are wrongly convicted, and spend time in prison for crimes they did not commit.

December 12, 2012

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

by Scott Grabel

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.