Michigan Criminal Lawyers Blog

December 11, 2013

The 9 Most Controversial Celebrity Arrests Ever

While some celebrities use their fame and fortune to make the world a better place, others can’t seem to figure out how to behave in a positive way. Celebrity arrests happen over and over – in a lot of cases, it’s the same famous person getting arrested repeatedly. Some celebrities have made a second career out of run-ins with the law and are now more [in]famous for their arrest records than for their acting careers.

Lindsay Lohan

Let’s call Ms. Lohan the queen of celebrity arrests. E! Online has made a nice timeline of her arrests, which started in 2007. The most recent was in March of 2013. I think the thing that makes Lohan’s many arrests so controversial is that she doesn’t seem to get the message. Despite being sent to rehab, placed on probation, and spending time in jail, she kept drinking and drugging. Word is that she’s completely sober now – and I can only hope it lasts.

December 10, 2013

Duo in Week-long July Robbery Spree Forego Trial, Choose to Plead Guilty Instead

by Scott Grabel

In a week-long crime spree that occurred the same week a Bonnie and Clyde TV miniseries aired, two people decided to accept a plea deal rather than face trial. 29-year-old Codie Vargas-Alegre and 38-year-old Juan Mario Hernandez-Correa recently pleaded guilty in Kent County Circuit Court in connection with the armed robberies of four retailers over a week-long time span in July.

Hernandez-Correa and Vargas-Alegre both pleaded guilty to two counts of armed robbery which took place in the Wyoming vicinity between July 11 and 19, according to a news article at Mlive.com. Vargas-Alegre allegedly used pepper spray, a knife, and implied she had a gun in order to threaten store employees and customers while robbing area gas stations and convenience stores. Hernandez-Correa drove the getaway car, according to Wyoming Police. Two charges of armed robbery were dropped in exchange for the defendants’ guilty pleas.

In all, the two allegedly robbed two Dollar General stores, one located at 919 36th St. SW, the other at 1055 Burton St. SW, a CVS Pharmacy located at 5603 Byron Center Ave., and a Cash Advance store located at 1044 28th St. SW. Both of the defendants face a maximum of life in prison when sentenced. Hernandez-Correa is scheduled for sentencing on January 8; Vargas-Alegre is scheduled for sentencing on January 22.

Michigan criminal defense attorneys know that in cases where a defendant agrees to a plea deal offered by prosecutors, punishment is often reduced in exchange. For example, Hernandez-Correa was originally offered a plea deal in October which would have left him facing a maximum of 15 years in prison; however, he declined this offer.

December 10, 2013

Michigan Native aka ‘Milkshake Murderer’ Loses Appeal of Conviction in Hong Kong

by Scott Grabel

On Tuesday December 3, Nancy Kissel, a Michigan native, lost in her appeal efforts to have her conviction for the 2003 murder of her banker husband overturned, according to News Daily. Kissel has been convicted twice in Hong Kong for the murder of her husband, a senior executive at US bank Merrill Lynch.

Kissel who is a mother of three children allegedly drugged her husband by giving him a strawberry flavored drink laced with a sedative before using a lead ornament to club him to death in the couple’s luxury home. She has been serving a life sentence for the murder since 2005. Kissel maintains that her husband was abusive, and that she killed him in self-defense. Kissel was retried for the murder after an appeals court overturned her conviction in 2010 and once again convicted in 2011.

Kissel’s defense team said in October at the appeal that their client suffered from depression; they maintain that Kissel’s husband had physically assaulted and threatened her, and that she was in a frenzy when she attacked and killed her husband. The appeal was rejected by judge Wally Yeung in Hong Kong’s Court of Appeals. Yeung said in his ruling that “The evidence . . . is consistent with the deceased being attacked and killed when he was either unconscious or when his consciousness was impaired.”

Following her first conviction in her husband’s murder, Kissel’s conviction was overturned by the Court of Final Appeal in February of 2010, however she was retried on the charges and once again convicted. In the first appeal, the conviction was overturned based on legal errors.

Kissel allegedly had her husband’s body, which prosecutors allege was rolled up in a carpet, carried out by workmen to a storeroom.

Kissel was also alleged to have been having an affair with a man in the US whom she planned to run away with; prosecutors allege the death of her husband left her to profit by $18 million.

Appealing a conviction for murder is not a simple process; in fact, it is rare to have a conviction overturned. The key to success in appealing a conviction or sentence is having a highly experienced and qualified Michigan criminal appeals attorney who is thoroughly familiar in the appeals process.

December 9, 2013

Detroit Underwear Bomber’s Attorney Works to Have Client’s Conviction and Sentence Overturned by U.S. Court of Appeals

by Scott Grabel

On Christmas Day in 2009, Umar Farouk Abdulmutallab attempted to blow up a Northwest Airlines flight as the airplane descended in Detroit. Abdulmutallab’s efforts failed, leaving him the only person injured of the 286 passengers aboard the Amsterdam to Detroit flight. Now, his defense attorney has appealed Abdulmutallab’s conviction and sentencing to the U.S. Court of Appeals for the 6th Circuit.

The defendant, who is the son of a wealthy Nigerian banker, had a chemical bomb in his underwear which was intended to blow up the airplane. Upon detonating, the bomb caused a small fire which resulted in Abdulmutallab suffering severe burns. The defendant admitted the scheme was a suicide mission. He was charged with eight criminal offenses which included conspiracy to commit terrorism, willful attempt to destroy an aircraft, and attempted use of a weapon of mass destruction. He was sentenced to four life prison terms.

The appellate court has reportedly listened to the defending attorney’s arguments, but has not yet ruled on the case. Travis Rossman, Abdulmutallab’s lawyer, contends that the sentence given his client is cruel and unusual, that the court improperly failed to order a competency exam, and that the defendant’s post-arrest confession should not have been admissible. Rossman maintains that giving his client who is just 26 years old a sentence of life behind bars is extreme, particularly considering no passengers on board the airplane other than Abdulmutallab himself were injured.

The appeals court, located in Cincinnati, heard Rossman’s arguments on Thursday December 5, although no decision has yet been made.

December 9, 2013

Geneva Township Woman Faces Multiple Charges After Attempting to Flee While Authorities Check Medical Marijuana Cards

by Scott Grabel

48-year-old Bethany Murk of Geneva Township was recently arrested and charged with several counts including domestic violence, possession of scheduled prescription medications, felony possession of marijuana, and resisting and obstructing a police officer, according to news reports at Mlive.com.

Deputies were called to the residence located in the 61000 block of CR-380 on allegations of domestic violence made by Murk’s son and daughter-in-law. A Van Buren County Sheriff’s Office news release stated that deputies spoke with the alleged victims upon arriving at the home before interviewing the suspect in a separate area of the house.

Upon interviewing Murk, deputies noticed several drug-related items which included marijuana pipes, bongs, loose and bagged marijuana. When asked about the items, Murk claimed that it was legal for her to possess the drug paraphernalia because she was a medical marijuana patient and caregiver. She produced cards to prove her claim. Deputies sent Murk to get “appropriately” dressed while they were checking on the validity of the cards; at this point, she attempted to flee police by running out the front door. According to authorities, the Medical Marijuana cards proved to be either unverified or expired.

Deputies caught Murk before she escaped, and ultimately seized more drugs and paraphernalia including approximately 81 5 mg Valium pills, 11.8 ounces of marijuana, two marijuana pipes, and two bongs.

Michigan drug crime attorneys know the serious consequences individuals face when charged with an offense such as marijuana possession. In fact, possessing even a small amount of marijuana may leave the accused facing up to one year in jail and fines of up to $2,000 if convicted. Considering the defendant in this case was found in possession of scheduled prescription drugs, she will likely face even harsher penalties.

December 6, 2013

Refusing a Breath Test and Drivers License Suspension in Michigan

by Scott Grabel

In Michigan, laws regarding drunk driving are extremely strict. If arrested for DUI and you refuse a chemical test, your driver’s license may be suspended for one year. Under Michigan’s Implied Consent Law, MCL 257.625c, any individual who operates a vehicle gives his or her consent to submit to chemical testing if arrested on suspicion of driving under the influence. This applies to anyone who operates a vehicle in any location open to the general public, including not only roadways but parking lots and other areas. You agreed to this when you applied for your driver’s license, although you likely were not aware of it.

A one-year suspension applies to first-time offenders; if you are arrested for DUI a second time within seven years of the first, your driver’s license will be suspended for two years. Suspension of your license is separate from the criminal offense of driving under the influence, and is administrative in nature. Your driver’s license will be submitted immediately after refusing a breath test administered at the police station (this does not apply to a roadside or preliminary breath test).

If your driver’s license was suspended after refusing to take a breath test, it may be possible to challenge the suspension in court according to the circumstances of your case. For example, the traffic stop may have been unlawful; police must have reasonable suspicion to pull you over. If you have no prior drunk driving conviction or arrest, it may be easier to have your driving privileges restored. Ultimately, it is highly recommended you discuss your situation with an experienced Michigan driver’s license reinstatement attorney, who can review your case and help determine whether it may be possible to have your license restored.

December 6, 2013

Grattan Township Woman to Remain in Jail Until Money Repaid to Elderly Woman She Cared For

by Scott Grabel

Tracy Gaye Mata was charged with larceny from a building when she allegedly stole $6,500 from an elderly woman she cared for and befriended. Now, Mata has been ordered to remain in jail until she repays the money to Dorothy Preblo, the 91-year-old woman who was in her care.

According to an article at Mlive.com, Mata was caught on video after the elderly woman set up a camera to catch Mata in the act. Mata was caught stealing money from Preblo’s purse.

Sandee Johnston, the victim’s daughter, said in court that Mata used the Bible to gain Preblo’s trust, and that the defendant had stolen money from her mother over a period of months. Johnston also stated that her mother had begun to believe her suspicions of missing money was a result of Alzheimer’s disease. Preblo and Mata met at church; Mata cared for the woman over a period of 18 months in a volunteer capacity, and visited Preblo several times a day. Preblo came to feel that the woman she thought was her friend really only “liked her money.”

Mata was ordered to pay the money after pleading guilty to the charge in October. Preblo’s daughter agreed with the amount, although she believes more than $6,500 was taken from her mother.

The defendant said she would be able to repay the money right away after Judge Dennis Leiber ordered her to remain as long as 90 days in the Kent County Jail, or until the full sum is paid. The 91-year-old woman said that she was more interested in seeing that Mata felt true remorse for the crime she committed than seeing her in jail.

If Mata had gone to trial and been found guilty, she may have faced substantially harsher penalties. In Michigan, a conviction for charges of larceny from a building will leave the defendant facing up to four years in jail. This offense is described as the stealing of property, money, or goods from a house, office, hotel, school, factory, church, trailer, gas station, warehouse, or any publicly used building.

December 5, 2013

Dearborn Man Sentenced to Life in Prison for September 2012 Shooting Death

by Scott Grabel

In October we wrote about Michael Hamilton, a Dearborn man who was charged with open murder in the shooting death of 49-year-old Robert Marcyan. Hamilton was convicted in October, and recently sentenced to life in prison without the possibility of parole. Jackson County Circuit Judge John McBain told Hamilton upon sentencing, “You are going to die in the Department of Corrections.”

Hamilton was charged with open murder, assault with intent to murder, and other charges. Marcyan was a twin; he and his brother Richard were at Hamilton’s father’s cottage after having been requested to provide an estimate to perform some work on the property. Hamilton’s father was supposed to meet the brothers, but was injured and could not make the appointment. Instead, the defendant met with the brothers. He had reportedly met the two men on one occasion, approximately a month earlier.

No clear motive was given for the murder, however George Lyons, the defendant’s attorney, argued that his client was involuntarily intoxicated by Adderall and was suffering side effects of the drug when he allegedly shot Robert Marcyan in the head. He also fired at Richard Marcyan, but did not hit him. Lyons maintained that because of the Adderall, Hamilton was legally insane when the shooting took place.

Kati Rezmierski, Chief Assistant Prosecutor, said that the victim was driving an older model BMW and wearing $30,000 in jewelry, and that Hamilton was “just another drug addict motivated by money.”

December 5, 2013

Bay City Man’s First-Degree Murder Conviction in Death of Girlfriend Upheld by Michigan Court of Appeals

by Scott Grabel

In July of 2012, 23-year-old Jeffrey A. Julian II was convicted of first-degree murder in the 2010 murder of his girlfriend, 33-year-old Lynn M. Spicer. In declaring Julian guilty, Bay County Circuit Judge Harry P. Gill stated that, “I don’t think there’s ever been a crime as thought out as Mr. Julian’s intent to kill this woman.” The judge went on to say that there was absolutely no doubt Julian was guilty of first-degree premeditated murder.

Julian and his brother, Craig, allegedly killed Spicer on August 21, 2010 outside the home Jeffrey Julian and Spicer shared. The two brothers reportedly buried the victim’s body in a grave in a vacant lot adjacent to their home, which had been dug at least one week earlier according to news reports. Julian wanted to end the relationship, which began in 2009. On the pretext of having sex, the defendant lured Spicer outside their home with the intention of strangling her. Craig Julian was convicted in June of 2012 in the murder and is serving life in prison without the possibility of parole.

Jeffrey Julian appealed his conviction arguing that his Miranda rights were violated as a conversation he had with a friend in which he confessed to the murder and which was recorded for police should have been suppressed. Julian also argued that he should have been given a second independent psychiatric evaluation after asserting an insanity defense, which the trial court did not permit. Julian’s third argument with the appeals court was that he had ineffective counsel. The Michigan appeals court panel concluded that all three arguments were without merit. His conviction was upheld.

Craig Julian also appealed his conviction for aiding and abetting murder in the killing of his brother’s girlfriend; his conviction was also upheld by the appeals court in December of 2012.

Appealing a conviction for a violent crime such as murder is a complex process; as indicated above, winning an appeal is not easy, and in fact is a rare occurrence. Individuals who believe they have strong grounds to appeal a conviction or sentence must have a capable and highly experienced Michigan criminal appeals attorney to ensure the best possible chance of winning.

December 4, 2013

Michigan Supreme Court Orders Judge to Take Another Look at Burton Man’s 1987 Murder Conviction

by Scott Grabel

In 1987, Temujin Kensu, formerly known as Fred Freeman, was convicted of fatally shooting Scott Macklem in a college parking lot. Kensu, a native of Burton, has maintained his innocence for decades, and been supported by numerous innocence groups including the Innocence Clinic at the University of Michigan.

Kensu has attempted to have his conviction overturned repeatedly, claiming that at the time the shooting occurred he was in the Upper Peninsula, hundreds of miles away. An appeals court overturned his conviction in 2010, however the U.S. Sixth District Court of Appeals upheld the first-degree murder conviction in 2012.

Prosecutors believe that Kensu killed the victim because Macklem was dating his ex-girlfriend, and Kensu was jealous. At trial, a witness claimed to have seen the defendant drive away from the scene of the crime, however it was determined at a later date that the witness had been hypnotized and gave a wrong license plate number.

In this latest effort to have his conviction overturned, the Michigan Supreme Court has ordered a hearing be held by a judge so that police photos which were used to identify Kensu as a suspect in the case may be reviewed.

In a 2010 interview with The Flint Journal, Kensu said that every single person who had reviewed his case concluded that he did not commit the murder, that there is no evidence and no witness.

The state’s Supreme Court has ordered that an evidentiary hearing be conducted in St. Clair County Circuit Court. At issue is whether Kensu’s defense team had the opportunity to review original police lineup photos prior to those photos being made into trial exhibits for the jury. The issue of the lineup photos was addressed by the Court of Appeals in 2012, however the Supreme Court ruled this should have been discussed in trial court, according to St. Clair County Prosecutor Mike Wendling.

Time will tell whether Kensu ultimately has his conviction overturned and gets released from prison, where he has been incarcerated for nearly 27 years. Michigan criminal appeals attorneys know that there are cases in which the real truth is never known; however, when an individual who is innocent spends decades behind bars, it is a tragedy.