Michigan Criminal Lawyers Blog

Original Case Details

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

Where Are We Now?

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

What Does The Proposed Bill Say?

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

Have you ever taken your computer to Best Buy to have work done by The Geek Squad? If so, let’s hope that you had nothing incriminating on your computer because the Cyber Working Group for the FBI may have access to your information.

The prosecution of Mark Rettenmaier, a doctor from California came to light because he took his laptop to a local Best Buy. Best Buy then sent Dr. Rettenmaier’s computer to the Kentucky Geek Squad repair facility. It was then learned that the Geek Squad employee called the FBI’s Louisville field office to share the allegedly illegal material. We are left to wonder if one’s Fourth Amendment Rights are violated in this process. To gain insight into how this issue affects the Michigan criminal justice system, we spoke to several of the top criminal lawyers in our state.

Scott Grabel is the founder of Grabel and Associates and has built a law firm that is known as the top criminal defense team in the state of Michigan. When asked for commentary, Grabel stated, “The issue we have to review is whether a defendant loses their expectation of privacy when they hand their computer over to a third party. There has been documentation that payments have been made to confidential Geek Squad informants. If this is the case, there is a concern for constitutional violations.”

One issue that is at the center of controversy in our criminal justice system is bond reform. A New York Daily News article written by Graham Rayman about a drug trafficking ring being released without bail captured the attention of Google. The article focused on a New York state law makes nonviolent drug trafficking is not on the offenses that a judge can impose bail. While New York has taken the lead on bail reform, Michigan is considering a change on the issue of bond. To discuss this issue, we obtained commentary from leaders in the criminal defense sector.

Scott Grabel is a founder of Grabel and Associates and has created a team of criminal defense lawyers that are known as the top in the state of Michigan. When asked about bail reform, Grabel stated, “One thing that has to be understood is that there is a presumption of innocence when somebody is charged with a crime. That is often forgotten about in our criminal justice system. When a defendant is given a high bond, it cripples their defense and can invade their constitutional rights.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan, and a Senior Associate for Grabel and Associates. Amadeo is known as one of the top criminal defense lawyers in the state of Michigan and proved commentary on the issue. Amadeo said, “Far too often we see heightened bonds without a Magistrate knowing all of the facts. Luckily, we have two tremendous Magistrates in Washtenaw County in Elisha Fink and Tamara Garwood that look to protect the community while protecting the constitutional rights of the defendant. In many other counties, the imposition of the bond becomes an issue of danger to the defendant. If a defendant does not have the option to get bonded out, their chances of winning at trial are greatly reduced. I understand the pressures of the prosecutor to make certain that the defendant comes to court, but we have to meet somewhere in the middle for all involved.”