Recent Cases of Interest - 2004

 

On December 16, 2004, a District Court jury found Adam Michael Blouin guilty of Reckless Driving for an incident in Hartland Township on July 10, 2004. The case was prosecuted by Shawn Ryan.

On December 13, 2004, a Circuit Court jury found Kody Forrest Gaffney guilty of Assault With Intent to Commit Sexual Penetration and Fourth Degree Criminal Sexual Conduct for an incident in Genoa Township on August 27, 2003. He was sentenced to serve 20 months to 10 years in prison by the Hon. Stanley J. Latreille on February 8, 2005. The case was prosecuted by Pam Maas.

On December 9, 2004, the Michigan Court of Appeals affirmed the convictions of Timothy James Edington for two counts of Second Degree Criminal Sexual Conduct. In a case tried by Pam Maas before the Hon. Daniel A. Burress in July of 2003, Edington was convicted by a jury and sentenced to serve 42 months to 15 years in prison. The appeal was prosecuted by Bill Vailliencourt.

On October 26, 2004, a Circuit Court jury found Harry Justin Osiecki guilty of Unlawfully Driving Away an Automobile, Operating While Intoxicated, and Driving While License Suspended for an incident in the City of Brighton on February 20, 2004. He was sentenced to serve 58 months to 10 years in prison as a Fourth Habitual Offender by the Hon. Daniel A. Burress on November 18, 2004. The case was prosecuted by Bill McCririe.

On October 14, 2004, a District Court jury found Aaron Michael Irvin guilty of Operating While Impaired for an incident in Fowlerville on July 8, 2004. The case was prosecuted by Angela DelVero.

On September 30, 2004, a Circuit Court jury found Jeffrey Allen Carpenter guilty of Operating While Intoxicated - Third Offense and Operating With an Expired License for an incident in the City of Howell on September 27, 2003. He was sentenced to serve three years of probation with the first year in the Livingston County Jail as a Third Habitual Offender by the Hon. Stanley J. Latreille on November 23, 2004. The case was prosecuted by Jim Metz.

On September 30, 2004, the Michigan Court of Appeals issued an opinion in an appeal filed by the Livingston County Prosecutor’s Office. The Court of Appeals reversed an order of the Livingston County Circuit Court suppressing breath test results in a drunk driving charge pending against William Douglas Parton for an incident occurring on October 23, 2002 in Brighton Township. The case was remanded to the Circuit Court for trial where the test results will be admissible. Parton is charged with Resisting and Obstructing a Police Officer, Operating Under the Influence of Intoxicating Liquor, and Failing to Report a Collision. The appeal was prosecuted by Bill Vailliencourt.

On August 24, 2004, James Wade Sterling was found guilty of Possession of a Controlled Substance - Methadone after a bench trial for an incident in Green Oak Township on March 22, 2003. Sterling was sentenced to serve three years of probation with the first 90 days in the Livingston County Jail as a Habitual Offender Second by the Hon. Daniel A. Burress on September 29, 2004. The case was prosecuted by Jim Metz.

On July 27, 2004, the Michigan Court of Appeals affirmed the conviction of David Allen Schauer for First Degree Criminal Sexual Conduct. In a case tried by Pam Maas before the Hon. Stanley J. Latreille in January of 2003, Schauer was convicted by a jury and sentenced to serve 15 to 30 years in the Michigan Department of Corrections. The appeal was handled by Bill Vailliencourt.

On July 20, 2004, a Circuit Court jury found Brian Joseph Talaske guilty of four counts of violation of the Animal Industry Act involving a quarantine for an incident in Green Oak Township on July 22, 2003. He was sentenced to serve 18 months of probation by the Hon. Daniel A. Burress on September 9, 2004. The case was prosecuted by Jim Metz.

On July 13, 2004, Mitchell Earl Gola was found guilty of two counts of Aggravated Stalking after a bench trial for incidents in November of 2002. Gola was sentenced to serve five years of probation with 253 days in the Livingston County Jail by the Hon. Daniel A. Burress on September 9, 2004. The case was prosecuted by Bill McCririe.

On July 8, 2004, Barbara Ann Thrall was found guilty of Embezzlement by a Person in a Relationship with a Vulnerable Adult in Excess of $20,000 after a bench trial. Thrall was sentenced to serve three years of probation with the first 90 days in the Livingston County Jail by the Hon. Stanley J. Latreille on August 24, 2004. She was also ordered to pay $177,135.72 in restitution. The case was prosecuted by Pam Maas.

On June 23, 2004, a Circuit Court jury found Daniel Joseph Binsfeld guilty of Third Degree Fleeing & Eluding and Failing to Stop and Identify At a Personal Injury Accident for an incident in Brighton Township on March 5, 2004. He was sentenced to serve a term of 3-10 years in prison as a Habitual Offender Fourth by the Hon. Daniel A. Burress on July 15, 2004. The case was prosecuted by Jim Metz.

On June 15, 2004, a Circuit Court jury found Karim Maem Alsaedi guilty of two counts of Armed Robbery and two counts of Possession of a Firearm During the Commission of a Felony for incidents in the City of Howell and the City of Brighton on February 15 and February 22, 2003. He was sentenced by the Hon. Daniel A. Burress on June 24, 2004 to serve 18-30 years in prison plus two years for Felony Firearm. The case was prosecuted by Jim Metz.

On June 10, 2004, the Michigan Court of Appeals issued an opinion in an appeal filed by the Livingston County Prosecutor’s Office in the case of People v Michael Aaron Ventura. The Court of Appeals reversed an order from the Livingston County Circuit Court dismissing a charge of Resisting and Obstructing a Police Officer. The Court of Appeals opinion prevents a defendant from attempting to justify the use of physical force against a police officer making an arrest by claiming that the arrest is illegal. The Court held that prosecutors are not required to prove the validity of the arrest as an element of a Resisting and Obstructing charge. The case was remanded back to Circuit Court for trial. The appeal was prosecuted by Bill Vailliencourt.

On June 9, 2004, a Circuit Court jury found Jason David Wilde guilty of Delivery of Marijuana for an incident in Pinckney in July of 2001. He was sentenced to serve two years of probation with the first 68 days in the Livingston County Jail by the Hon. Stanley J. Latreille on August 17, 2004. The case was prosecuted by Pam Maas.

On May 21, 2004, a District Court jury found Ifield Philinton Joseph guilty of Reckless Driving and Failing to Stop and Identify at a Property Damage Accident for an incident in Brighton Township on November 26, 2003. The case was prosecuted by Suzanne Geddis.

On May 11, 2004, a Circuit Court jury found Joseph Donald Rose guilty of Possession of Heroin for an incident in Howell Township on May 25, 2003. He was sentenced to serve two years of probation as a Second Offender by the Hon. Daniel A. Burress on May 20, 2004. The case was prosecuted by Bill McCririe.

On May 10, 2004, a Circuit Court jury found Tad Spencer Dewulf guilty of Interfering With a Police Investigation by Threatening to Kill or Injure a Witness and Domestic Violence for an incident in Hamburg and Putnam Townships on July 6, 2003. He was sentenced to serve 9 to 30 years in prison as a Fourth Habitual Offender by the Hon. Daniel A. Burress on June 4, 2004. The case was prosecuted by Jim Metz.

On May 6, 2004, the Michigan Court of Appeals affirmed a Livingston County District Court finding that Joel Kabanuk violated the Minor in Possession of Alcohol statute by refusing to take a breath test. The Court of Appeals held that requiring a minor to submit to a breath alcohol test does not violate the Fifth Amendment and that a minor does not have a right under the Sixth Amendment to consult an attorney prior to taking the test. The appeal was prosecuted by Bill Vailliencourt.

On April 15, 2004, a District Court jury found Andrew Patrick Tyrrell guilty of Operating While Impaired and Possession of Marijuana for an incident in Brighton Township on January 27, 2004. The case was prosecuted by Suzanne Geddis.

On April 14, 2004, a Circuit Court jury found William Wesley Devine guilty of Third Degree Criminal Sexual Conduct and Assault With Intent to Commit Sexual Penetration arising out of an incident in Fowlerville on August 1, 2003. He was sentenced to serve a term of 5 to 30 years in prison as a Third Habitual Offender by the Hon. Daniel A. Burress on June 3, 2004. The case was prosecuted by Pam Maas.

On April 13, 2004, the Michigan Court of Appeals issued an opinion in an appeal filed by the Livingston County Prosecutor’s Office. The Court of Appeals reversed the order of the Livingston County Circuit Court suppressing evidence seized during a search warrant and reinstated Possession With Intent to Deliver Marijuana charges against George William Nolan for an incident occurring on January 3, 2001 in Hamburg Township. The case was remanded to the Circuit Court for trial. The appeal was prosecuted by Bill Vailliencourt.

On April 1, 2004, a District Court jury found Jason Brandon Turner guilty of Operating While Intoxicated - Second Offense for an incident in Green Oak Township on December 22, 2003. The case was prosecuted by Angela DelVero.

On March 31, 2004, a Circuit Court jury found Jason Frank Baumgartner guilty of Operating Under the Influence of Liquor Causing Death for an incident in Marion Township on July 20, 2001. He was sentenced to serve a term of 3-1/2 to 15 years in prison by the Hon. Daniel A. Burress on April 22, 2004. The case was prosecuted by Bill McCririe.

On March 4, 2004, a District Court jury found Charles Lee Massingale guilty of Assault and Battery for an incident in Genoa Township on November 15, 2003. The case was prosecuted by Shawn Ryan.

On February 24, 2004, the Michigan Court of Appeals affirmed the convictions of Aaron Michael Birkle for Delivery of Marijuana and Possession of a Firearm During the Commission of a Felony. In a case tried by Bill McCririe before the Hon. Daniel A. Burress in June of 2002, Birkle was tried and convicted by a jury and sentenced to serve three years of probation on the marijuana delivery conviction and two years in the Michigan Department of Corrections on the felony firearm conviction. The appeal was handled by Bill Vailliencourt.

On February 17, 2004, the Michigan Court of Appeals affirmed the conviction of Stanley Russell Steinke for Aggravated Stalking and Second Habitual Offender. In a case tried by Pamela Maas before the Hon. Daniel A. Burress in August of 1999, Steinke was tried and convicted by a jury and sentenced to serve 3 to 7-1/2 years in the Michigan Department of Corrections. The appeal was handled by Bill Vailliencourt.

On February 10, 2004, Alan Raye Hatlas was found guilty of Failing to Pay Child Support and Felony Non-Support after a bench trial. Hatlas was sentenced to five years of probation with the first year in the Livingston County Jail by the Hon. Daniel A. Burress on March 18, 2004. The case was prosecuted by Jim Metz.

On February 5, 2004, the Michigan Court of Appeals affirmed the convictions of John Andrew Blackwood for Third Degree Criminal Sexual Conduct and Furnishing Alcohol to a Minor arising out of an incident occurring on June 16, 2001 in Brighton Township. In a case tried in June of 2002, Blackwood was found guilty by a jury and was sentenced to serve 5-15 years in prison by the Hon. Stanley J. Latreille. The trial and appeal was prosecuted by Bill Vailliencourt.

On February 4, 2004, a Circuit Court jury found Defendant John Franklen Ford guilty of Negligent Homicide for an incident at the Lake Chemung/I-96 interchange on August 21, 2003. He was sentenced to three years of probation with the first 30 days in the Livingston County Jail followed by 180 days on a tether by the Hon. Daniel A. Burress on March 11, 2004. The case was prosecuted by Shawn Ryan.