Michigan Criminal Lawyers Blog

October 9, 2020

False Confession Expert Given Green Light to Testify in Murder Case

Original Case Details

On May 1, 2008 Richard and Brenda Kowalski were shot and killed and later found dead at their Livingston County home. Richard’s brother, Jerome Kowalski, was named as a suspect and brought in for questioning. Battling an alcohol addiction, Jerome believed at first that he may have been guilty of committing the crimes but didn’t remember. He later realized that he could not have done it when he learned what type of gun the murder weapon was from the detectives. The detectives started to assert that Jerome’s sons were involved in the murders and threatened to bring them in for questioning. Afraid for his sons, Jerome gave the police a signed confession which he would later recant. It was later shown at trial that the time of death was in the middle of the night while Jerome was actually at work. Then-Judge Theresa Brennan refused to allow an expert witness to discuss the science behind false confessions. In 2013, Jerome Kowalski was convicted of two counts of first-degree murder for the deaths of Richard and Brenda Kowalski and was sentenced to life in prison by then-Judge Brennan. It was later discovered that Brennan was having an affair with the lead detective and failed to recuse herself and lied to cover the affair. She has been removed from office and criminally convicted. Due to Brennan’s misconduct, Jerome Kowalski’s conviction was vacated in January 2019, and he is now headed towards a re-trial. The new judge on the case, Shiawassee County Circuit Court Judge Matthew Stewart recently ruled in favor of allowing a false confession expert to testify in the retrial.

When are Expert Witnesses Necessary?

October 1, 2020

Woman Faces Felony Charges for Allegedly Shooting at DoorDash Delivery Driver

by Grabel & Associates

Original Case Details

Michelle York, a 33-year-old woman from Wyandotte was arrested and charged after allegedly pulling a gun on a DoorDash delivery driver and firing at him during a dispute. The driver spoke with police and stated that York became angry regarding her order from McDonalds and allegedly pulled a gun and fired shots at him. The gun allegedly misfired on the first shot, and York then attempted to fire at the driver two more times and missed both times. Police responded to the scene, and after a short standoff, the woman was taken into custody. She was charged and arraigned on seven felony charges related to the incident. York’s bond was set at $100,000/10% which was later posted, and York was released from custody. As a condition of her bond, she is required to be monitored through an electronic GPS tether. She continues to be out of custody and monitored by a tether as of this writing.

What are the Woman’s Criminal Charges for Allegedly Shooting at Driver?

September 30, 2020

Man Charged with Home Invasion for Breaking into Eminem’s Home Bound Over for Trial

by Grabel & Associates

Original Case Details

On April 5th of this year, the rapper Eminem woke up to find a man standing behind him in his Clinton Township home. Investigators say that Eminem initially thought the person standing behind him was his nephew but was surprised to find out that it was a complete stranger. Eminem asked him why he was there, and the man, identified as Matthew David Hughes, said he was there to kill him. During the preliminary exam hearing, Clinton Township police officer Adam Hackstock testified that when he arrived at Eminem’s home in Clinton Township, he found Eminem’s security guard fighting with Hughes. Police were able to take Hughes into custody without much incident or struggle. Police testified that a brick was found inside the house next to a broken window where Hughes is said to have entered the home. Security footage is said to show that Hughes was on the premises of Eminem’s home for a while before he entered the house through the broken window. Hughes was unarmed when he was taken into custody and did not use or attempt to use any weapons during the alleged crime. Hughes was scheduled to take a competency evaluation but later turned it down. His defense attorney has stated on the record that he thinks there are mental health issues involved in the case.

Charges and Potential Penalties for Eminem’s Alleged Home Invader

September 29, 2020

Wayne County Inmate Charged in the Death of Jail Deputy

by Grabel & Associates

Original Case Details

Deandre Williams, a 28-year-old man from Detroit stands accused of killing a Wayne County Sheriff’s deputy in the Wayne County Jail while he was being held on carjacking and weapons charges. Cpl. Bryant Searcy was killed as he made his rounds checking cell doors in the Wayne County Jail. According to authorities, Searcy closed a door he thought was locked and continued walking in an attempt to secure the next areas of the jail. The door unfortunately wasn’t locked, and Williams allegedly jumped out and attacked Searcy, choking him and beating him, finally taking Searcy’s keys to try to escape. Williams allegedly acted alone in attacking the Wayne County Deputy and attempting to escape from the Wayne County Jail. Deputies found Searcy unresponsive and had him transported to the hospital where he later died.

Criminal Charges for Alleged Cop Killer

September 28, 2020

Novi Man Federally Charged in COVID-19 Loan Scheme

by Grabel & Associates

Original Case Details

A 44-year-old man from Novi was recently federally charged for allegedly committing fraud to obtain over $3 million in federal pandemic loans. He is alleged to have developed a plot to cheat banks by submitting applications for loans that had false and fraudulent information. He was flagged for 19 different loan applications that were all allegedly tied to him in some way. The information submitted for these loans includes paperwork for multiple businesses that either did not exist or did not actually have the employees and wage information that the man allegedly submitted. One of the businesses listed was called “Bless My Grind LLC.” The loans, if valid, would have been distributed by the federal government under the Paycheck Protection Program (PPP) that were guaranteed by the Small Business Administration under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The PPP allows businesses who qualify to receive loans at a 1% interest rate which can later be forgiven if the businesses spend the money within a specific time period with a minimum percentage going towards payroll expenses. Federal authorities have placed a special focus on investigating and prosecuting those who they suspect of fraud related to the pandemic fund and pandemic assistance. This is the latest in a wave of federal pandemic fraud cases that the federal government has pursued. It is expected that cases similar to this will become more commonplace as federal authorities continue to investigate pandemic assistance claims.

Federal Wire Fraud Charges and Related Penalties

September 25, 2020

Dump Truck Driver Faces Murder Charge in the Death of a 10-Year-Old Girl

by Grabel & Associates

Original Case Details

A 60-year-old dump truck driver from Chesterfield Township is facing charges relating to the death of a 10-year-old girl in a traffic accident. A months-long investigation has indicated that the dump truck driver ran a red light at the intersection of 10 Mile Road and Ryan Road in Warren, MI, causing an accident. A mother and daughter were coming out of a Tim Hortons restaurant after they had stopped in for a breakfast sandwich. It is alleged that the mother’s car ran into the dump truck after the dump truck ran a red light which caused a front-end loader construction vehicle to fall off the attached trailer and onto the car, crushing it. The mother made it out alive with minor injuries, the young daughter unfortunately did not. The 10-year-old was fatally crushed as a result of the accident. The man turned himself into Warren police to face arraignment of his charges.

Criminal Charges Faced by Dump Truck Driver

September 24, 2020

St. Clair County Judge Denies Adjournment of Jury Trials Amid Pandemic

by Grabel & Associates

Courts During the Pandemic

Courthouses across the state of Michigan are slowly trying to phase in the remainder of regular courtroom activity. Courts have been reopening different departments as they follow social distancing guidelines and the reopening plan set by the State Court Administrators Office (SCAO). Courts will not truly be open, however, until they are able to conduct in-person jury trials. Once this occurs, then it can be said that Michigan courts are really back to work as they were before the pandemic. Jury trials have been backed up in all courts across the state as they are the last thing on the list that courts will be able to do once open. In St. Clair County, trials have been postponed since April because of the pandemic. It looks as if that will soon change if a Circuit Court judge’s ruling denying a motion to adjourn jury trials stands. If your case has been delayed due to a court closure, or you do not have information about your case, then it is important to speak to an experienced criminal defense attorney who can best help guide you.

Judge Decides to Move Forward with Jury Trials

September 23, 2020

Lansing Judge Rejects Proposed Plea Deal in Double Murder Case

by Grabel & Associates

Original Case Details

Kiernan Brown, a 28-year-old Delta Township man recently withdrew his guilty pleas after being accused of beating two women to death and was reportedly also looking to kill others on a killing spree. He stands accused of trying to break into his ex-girlfriend’s house during May 2019 before attempting to complete a plan to kill four different women. He was allegedly successful in killing Kaylee Brock in her home in Holt, MI and Julie Mooney in a motel room in Meridian Township on the same day. Medical examiner results showed that both women died from blunt force trauma from numerous blows to the head. Sheriff’s deputies later pulled Brown over on the freeway and Brown allegedly confessed to the murders and even showed the deputies pictures of the bodies of the victims on his cell phone. Brown was also on parole at the time of the offense for a strangulation felony and domestic violence charges. He was also accused of violating a personal protection order that was in place against him from a former girlfriend.

Judge Aquilina’s Rejects Plea Deal

September 22, 2020

Study Shows Black Defendants Treated More Harshly in Washtenaw County

by Grabel & Associates

Social Justice Group Study

A social justice group known as Citizens for Racial Equity in Washtenaw (CREW) County has found that black defendants in Washtenaw County are more likely to get harsher punishments and more likely to see additional criminal charges than similarly situated white defendants. CREW examined case data from the Washtenaw County Circuit Court relating to criminal felony cases and released its findings on August 27th. The data examined spanned a 6-year period from 2013-2019 and found that black defendants were exponentially more likely than whites to be charged with felonies such as:

• Resisting or obstructing an officer,

September 21, 2020

Ex-Macomb County Prosecutor Pleads to Federal Obstruction Charge

by Grabel & Associates

Original Case Details

Former Macomb County Prosecutor Eric Smith’s fall from grace continues. Smith resigned from his post as Macomb County Prosecutor six months ago amid 10 state felony corruption charges. He is the highest-ranking Macomb County official to have been involved in the criminal crackdown on corruption that has been the story of the county this past year. 22 different people have been convicted since 2016 for their varying roles in local corruption. On the state level, Smith 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. Smith’s home was also raided by federal investigators in connection with Smith’s suspected illegal use of campaign funds. He is alleged to have tried two subordinate assistant prosecutors and a friend to lie to a federal grand jury and investigators from the FBI about fraud schemes he allegedly used to illegally take $75,000 from his political election fund and convert it for his own personal use. This allegation has led to a federal criminal charge, which Smith has agreed to pled guilty to.

Former Macomb Prosecutor Pleads to Federal Charge