Michigan Criminal Lawyers Blog

September 24, 2015

2006 Child Rape Conviction Overturned by Washington Appeals Court

In 2006, Dallin D. Fort who is now 39 years old was found guilty of raping a relative who was 9 years old at the time the alleged rape occurred in 2003. Now, the Washington Court of Appeal’s Third Division has overturned Fort’s conviction and granted him a new trial.

The decision was unanimous among the three-member panel, who vacated Fort’s 132-month sentence at Airway Heights Corrections Center because of the fact jurors were questioned by the judge in private prior to the beginning of the trial. The appeals court made its decision based on State v. Frawley, a previous Washington Supreme Court opinion that found unless the judge made a written ruling determining a court closure was justified, jury selection could not take place outside the courtroom. Prior to this decision, Washington judges presiding over sex crimes cases routinely questioned potential jurors in private.

Fort appealed his conviction twice, the first time just months following sentencing in early 2006. The appeals court found that because the issue of a public trial was not brought up in the first appeal, Fort’s lawyer at trial provided ineffective counsel. Fort’s conviction in the first appeal was confirmed.

September 22, 2015

Three Arrested on Drug Charges at Mesquite ‘Stash House’

by Scott Grabel

On Monday, September 14 three individuals were arrested after Dallas police searched what they called a ‘stash house’ in Mesquite where they allegedly found $94,000 in cash, hundreds of airline tickets, and pounds of marijuana.

Police seized nearly 12 lbs. (5,400 grams) of marijuana from the home located near U.S. Highway 80 and Belt Line Road. They also confiscated two laptops, a money counter, handgun, drug ledger, surveillance system, six cellphones, and marijuana treats/candy from Colorado in searching the home. The three individuals who were arrested include 36-year-old Adrian Clemons, 35-year-old Robert Davis, and 20-year-old Alexia Rey. Another woman was also present at the home; she and two young children were allowed to leave.

All three of the suspects were charged with felony marijuana possession and money laundering. Police also found nearly 300 Southwest Airlines companion passes in a safe, which Rey had given officers the combination to. Police said in an arrest warrant affidavit that the home was “obviously a marijuana and marijuana ‘stash house,’ where large amounts of illegal drugs are held for distribution to other dealers.”

September 21, 2015

Jose Diaz, Miami-Dade County Commissioner, Arrested in Key West on DUI Charge

by Scott Grabel

On Saturday evening September 19, 55-year-old Jose “Pepe” Diaz was stopped as he was riding his Harley-Davidson motorcycle in Key West for doing 74 mph in a 30 mph speed zone, according to NBC Miami. Diaz, who is the Miami-Dade County commissioner, was arrested on Roosevelt Blvd. after his motorcycle fell over when he failed to put the kick stand down.

Although news reports do not reveal his blood alcohol content at the time, Diaz, an avid motorcycle rider, had attended the Key West Poker Run, a motorcycle event that draws thousands of bikers according to news reports. Diaz was elected District 12 commissioner in 2002 after serving as mayor of Sweetwater.

The commissioner was jailed in Monroe County Saturday night, and released just before noon on Sunday after posting a $1,000 bond according to Monroe County Sheriff’s Office spokeswoman Becky Herrin. Diaz would not discuss the details of his arrest at the time, but did say he looked forward to resolving the issue. He went on to say that he would continue to serve his community in the meantime, and that he requested the community’s patience during this time.

September 17, 2015

Three DUI Arrests Made in Macomb County Over 9-Hour Period

by Scott Grabel

A recent article at the Detroit News states that over the weekend, three drunk driving arrests were made in Macomb County; in addition, all three individuals had prior DUI convictions, and each had higher than usual BAC levels.

An unnamed woman was first to be arrested for OWI after her vehicle was reportedly crossing into oncoming traffic and weaving. This arrest took place on Saturday evening in Macomb Township. The 36-year-old woman was reportedly operating on a temporary driver’s permit due to a previous OWI arrest on August 7 in St. Clair County. Her BAC registered 0.39 percent when given a breathalyzer at the jail, nearly five times the legal limit of 0.08 percent.

Just before 10 p.m. on Saturday, Jonathon Alhakim, 47, was arrested after the pickup he was driving became stuck in a ditch in Ray Township. Alhakim had six prior OWI convictions and numerous license suspensions and revocations. His BAC registered 0.25 percent, more than three times the legal limit. He was charged with OWI third offense, having open intoxicants in a motor vehicle, and driving with a suspended license (second offense).

September 15, 2015

Dumas Police Officer Faces Drug Conspiracy Charges

by Scott Grabel

Last week, a police officer with the Dumas Police Department in Arkansas was arrested for alleged drug conspiracy. According to several news sources 37-year-old James Ivory Edgerson, who has worked with the department for 14 years, is charged with drug conspiracy, a drug offense that could land him in prison for life if found guilty.

U.S. Attorney Chris Thyer’s office announced the arrest on Thursday, September 10 after a lengthy investigation revealed Edgerson was making drug deliveries to confidential sources between May and September. During the investigation, Edgerson’s phone was also tapped. Upon his arrest, the suspect allegedly had an ounce of crack cocaine and three ounces of powder cocaine in his possession. Upon searching his home, authorities found $16,000, several firearms, and an unregistered suppressor.

Several other people were arrested in the drug conspiracy including Kendrick Lamar Edgerson, Rodney Lariel Edgerson, and Gregory Lamont Charles, all of Little Rock, Eli Haynes III of Arlington, TX, and Steven Sherrod Miles of Dumas. In total, police seized $222,000 in cash, five firearms, one pound of marijuana, one ounce of crack cocaine, and 28 ounces of powder cocaine after searching officer Edgerson and two other defendants’ homes.

September 14, 2015

Long Island Booze Cruise Leaves Off-Duty MTA Employee Facing DWI Charges

by Scott Grabel

On Sunday September 13, the driver of a NYC transit bus was arrested for DWI. Alexander Copeland, 52, was also charged with unauthorized use of a vehicle without owner’s consent, and reckless endangerment according to a recent article at the New York Post.

It all began when several commuters along the Northern State Parkway in Westbury called authorities complaining about a NYC transit bus that was driving in an erratic manner, reportedly swerving along the roadway. State police responded to the reports and pulled Copeland over just before 2:30 in the afternoon. Police claim the bus driver “reeked” of booze.

Upon administering a sobriety test it was found that Copeland’s BAC or blood alcohol concentration was 0.20 percent. This is more than twice the legal limit of 0.08 percent.

September 10, 2015

Wisconsin Man’s Conviction in Wife’s Antifreeze Poisoning Death Overturned by Appeals Court

by Scott Grabel

In 1998, Julie Jensen was found dead in the Pleasant Prairie home she shared with her husband, Mark Jensen, and their two children. Initially the death was thought to be a suicide, however in 2007 Mark Jensen was put on trial for first-degree intentional homicide for allegedly poisoning his wife with antifreeze. In February 2008, Jensen was sentenced to life in prison at the Kenosha County, WI Courthouse.

On Tuesday, September 8 of this year, Jensen won an appeal overturning his conviction for the death of his wife, however according to news reports he remains in prison while prosecutors decide whether to retry him for the death of Julie Jensen.

At issue was the admission of a handwritten note from Jensen’s wife that was improperly accepted into evidence, according to the 7th U.S. Circuit Court of Appeals. The note said, “if anything happens to me, he would be my first suspect.” Appeals court judges, in a 2-1 decision, said that use of the letter by prosecutors violated the defendant’s constitutional right to face his accusers. The letter was written two weeks prior to Julie’s death, according to news reports.

September 8, 2015

20-year-old Newark Man Faces Criminal Charges After Selling Drugs from His Home

by Scott Grabel

Late last week, a 20-year-old Newark man was arrested after Delaware State Police found drugs and other items in his home. Police believe that Joshua Gaines, who lives in the 200 block of Smithmill Road, was selling marijuana and other substances after searching the home.

Police began investigating Gaines after allegations began to surface that he was selling drugs from his home. Upon searching the residence, investigators claim to have found more than 10 grams of psilocybin mushrooms, five pounds of marijuana, 47 prescription drug pills (oxycodone), several weapons including a 12 gauge shotgun, AR-15 assault rifle, and sawed-off shotgun, and more than $2,000 in cash which authorities suspect is proceeds from the sale of drugs.

Gaines is charged with possession of drug paraphernalia, possession of a destructive weapon, two counts of possession with intent to deliver a controlled substance in tier 2 quantity, two counts of possession of a deadly weapon by a person prohibited, possession of a controlled substance in a tier 2 quantity, and possession of a controlled substance without a prescription. After posting $10,200 bail, Gaines was released.

September 8, 2015

Labor Day Weekend High Speed Chase Results in 4th DUI Arrest in One Year for Allegan Man

by Scott Grabel

On Saturday, September 5 an Allegan man led sheriff’s deputies on a high-speed chase in Van Buren County in Michigan after the man allegedly failed to stop at a stop sign and was observed driving in a reckless manner, according to a news article at Mlive.com. The man’s name was not revealed, although he is now facing numerous charges.

Police say the man was on probation for three DUI arrests over the past year. Deputies attempted to pull the man, who was driving a 2002 Chevrolet Silverado, over at just after 9:30 p.m. The driver of the truck reportedly reached speeds of over 70 mph as the chase ensued in a southbound direction on M-40, with the driver crossing the center line at one point to such an extent it forced a vehicle driving in a northbound direction off the road.

Eventually, the truck ended up at a Village Market parking lot after jumping a curb into a grassy area. Once the vehicle came to a stop, deputies ordered the driver out of the truck, however he refused and was removed by deputies. A news release issued by the Van Buren County Sheriff’s Office revealed that a nearly empty bottle of whiskey and two open cans of beer were found inside the truck by deputies. The driver’s blood alcohol content was found to be 0.22 percent, nearly three times the legal limit of 0.08 percent in Michigan.

September 4, 2015

23-year-old Woman Arrested for Violent Stabbing Death of Elderly Ypsilanti Man in March

by Scott Grabel

On March 26th of this year, a 71-year-old Ypsilanti man was found dead in his home, apparently a victim of a stabbing. Now, a 23-year-old woman has been arrested in the stabbing according to a recent news article at Mlive.com.

Gary Schneider, the victim, was reportedly stabbed numerous times in the neck and head area after it is believed he and the suspect became involved in a violent discussion. Haleigh Maynard has been charged and arraigned on a single count of open murder in Schneider’s death. No details regarding the circumstances of the argument or the killing have been released.

The victim’s body was discovered in his home when a woman who lived in the area found Schneider’s wallet on a sidewalk and tried to return it. The door of his home was open, and vehicles in the driveway. When the woman received no response, she called police.