Featured MI News Stories:
Padlock: Effort to shut Deluxe Inn raises some policy issues
07 Dec 2006 12:00 am
The city of Lansing's drive to shutter the Deluxe Inn downtown raises issues that go beyond criminal activity at the motel.
For starters, the ordinance that gives the city the power to padlock a business is far too broadly written, ceding too much power to government.
Second, there's the question of motive and unequal enforcement.
Finally, there's the basic issue of effectiveness.
There's no question the Deluxe Inn is a nexus for crime. The city says police have responded to 1,642 calls from the location in the last six years.
To combat this, city officials are pushing the use of a public nuisance ordinance, one that allows them to padlock a business. The theory would go that if the motel is closed, the crime would go.
The city also has expressed interest in demolishing the motel and redeveloping the site.
No one wants crime thriving. And we can think of many better uses for the Deluxe Inn site.
Nevertheless, this incident is troubling.
Pastor to prison
Corky Emrick
23 Nov 2006 7:52 pm
A chapter in the lives of two Sturgis girls was closed Tuesday when Steven Lynn Ruger was sentenced to 6 to 16 years in prison for sexually assaulting them.
St. Joseph County Circuit Court Judge Paul Stutesman handed down the sentence, following a plea agreement between Ruger and the St. Joseph County Prosecutor.
"This was a long and hard process for the victims," assistant prosecutor Holly Curtis said to a full courtroom. "This has forever scarred them.
"He still projects blame, he’s unwilling to admit full responsibility," Curtis said. "These girls didn’t ask for this. He’s a predator."
On Oct. 16, Ruger pleaded guilty to one count of first-degree criminal sexual conduct and the admittance of having a sexual relationship with a second girl.
Several other charges were dismissed, including four counts of first-degree criminal sexual conduct and two counts of furnishing alcohol to a minor.
Also dropped were one count of first-degree CSC and two counts second degree CSC. Those charges came from a second victim.
"You were a minister," Stutesman said. "You cause doubts in our own beliefs. Until you get a handle on your real problem, you’ll serve the full 16 (years), not six."
Many Local Sex Offenders Living Near Schools
23 Nov 2006 5:10 am
There are nearly 40,000 sex offenders in Michigan. More than 11,000 of them are living right here in mid-Michigan neighborhoods. A new law went into effect this year to limit where they could live. The goal - keep sex offenders from living near schools, but a 6 News investigation found many living right across the street from where kids attend classes.
They're innocent, vulnerable and often trusting.
Lt. Kyle McPhee: "Wherever children are, we don't want sex offenders."
From Michigan's online sex offender registry to a school safety zone, we now have more tools than ever to protect our children from sexual predators.
Lt. Larry Klaus, Lansing Police Department: "A lot of it was initiated by tragedies, where kids were, had been abducted or killed."
Sgt. Greg Frenger, Meridian Township Police: "We now know who's who and where they're at, and these are the ones that are convicted, and statistics say that they are more likely to offend."
Last year, a state law created a 1,000-foot buffer around schools. Sex offenders aren't allowed to work or live inside that zone. That should give parents a sense of security, but 6 News has learned that many sexual predators are living just steps away from dozens of schools.
Police say it'll be years before school safety zones are completely free of sex offenders, and even then, they admit that a 1,000-foot zone isn't going to keep every predator away.
Lt. Kyle McPhee: "They have the police officers very outnumbered."
That's why police say new laws may help, but it's up to all of us to protect our children from sex offenders.
Mom Helps Catch Sex Predator
Kimberly Craig
20 Nov 2006 12:00 am
A disturbing text message sent to a 10-year-old girl sparked a police sting operation in Taylor. A quick thinking mother was being credited with catching the accused predator that has already done time for attempted rape.
The girl’s mother frequently checks her daughter’s cell phone and was suspicious of a text sent from a stranger asking if she would call him.
The mother wrote back to the stranger pretending to be her daughter. She said the man left her daughter voicemails saying he wanted to take her to his home, smoke marijuana and have sex.
The mother contacted Taylor police’s internet crimes unit and they set up a meeting with the suspect at Burger King.
The girl waited inside the restaurant along with two undercover officers. The suspect walked inside, got a cup of water, said hi to the girl and walked out. Police arrested him because they believed he was going to send the girl a text message asking her to come outside.
Police said they don’t know how the suspect got the 10-year-old’s cell phone number.
Sex predator or wrongly convicted?
L. L. BRASIER and JOHN WISELY
01 Nov 2006 12:00 am
An Oakland County jury weighed his fate for five hours before deciding that kindergarten teacher James Perry was guilty of an outrageous offense: Sexually assaulting two boys in his school.
But a Free Press review of the case has found evidence never presented at trial -- information that raises questions about whether Perry, who faces up to life in prison at his Nov. 9 sentencing, committed a crime.
The review, including interviews of witnesses never questioned by police and information obtained by Perry's new lawyer, reveals a case marred by conflicting testimony and debatable assertions about whether an assault happened.
The prosecution's case was based almost entirely on the contradictory accounts of boys who were 4 and 5 in October 2005, when authorities determined the assaults occurred. That's an age where experts say children are susceptible to suggestion, and courts are often skeptical of their ability to separate truth from fiction.
At a hearing today, Perry's appellate attorney, Robyn Frankel, also plans to argue that Perry, 32, would not have had enough time to snatch the two boys from a lunch line, walk them down a long corridor to the special-ed room and assault them in the 15-minute time frame in which the attacks supposedly took place.
Frankel plans to ask Oakland County Circuit Judge Denise Langford Morris to order a new trial or dismiss the charges. Perry, suspended from Key Elementary in Oak Park since the charges surfaced in February, was convicted in September.
Court upholds sex conviction of former police officer
20 Sep 2006 12:00 am
The Michigan Court of Appeals has unanimously upheld the 2004 jury conviction of a former Muskegon Heights police command officer for sexually molesting a 12-year-old girl in his home.
A Muskegon County Circuit Court jury in December 2004 found former Sgt. Phillip Edward Coleman guilty of first-degree criminal sexual conduct with a person younger than 13. Coleman was sentenced to prison for between four years eight months and 20 years.
His appeals lawyer argued that the trial judge, William C. Marietti, improperly allowed prosecution expert witnesses who had interviewed the victim to testify that they observed no "red flags" that the girl was lying or had been coached or brainwashed.
The defense claimed such testimony should have been barred because, under court precedents, expert witnesses may not vouch for a victim's credibility.
But appeals judges David H. Sawyer, E. Thomas Fitzgerald and Peter D. O'Connell concluded that the prosecution experts did not do that -- they merely "testified as to their own direct observations of the victim" during their interviews with her, which is permissible.
Repeat Child Predator Gets 10 Years for Third Strike
Jim Kouri
15 Sep 2006 12:00 am
A Clinton, Michigan man was sentenced to 10 years in federal prison following his third conviction for sexual crimes involving children. Wednesday's sentenced was announced by US Immigration and Customs Enforcement (ICE), the investigating agency.
Ernest Gagne, 57, was sentenced by US District Judge Victoria Roberst to 120 months in prison, to be followed by three years' probation.
The investigation by ICE agents revealed that Gagne had two prior convictions for sexual crimes involving children. In the late 1990s Gagne was incarcerated for sexually assaulting a minor in New Jersey; in 2001, Gagne received an additional one-year sentence after an arrest and conviction by the Utica Police Department for possessing child pornography.
In November 2003, ICE special agents assisted the Macomb County Sheriff's Office and Clinton Township Police Department with executing a search warrant at Gagne's residence. Items seized at his home included: two laptop computers, floppy disks, CD read-write disks and videotapes. A computer forensic analysis revealed more than 33,000 images of child pornography consisting mostly of young teenage males posing nude or engaging in sexually explicit acts; 108 of the images were of children in bondage.
Lawmakers Call for Change After Holland Testimony
07 Sep 2006 3:23 am
After Tim Holland pleads guilty in the death of his son Ricky, state lawmakers are calling for changes. Members of a special legislative committee investigating the death of Ricky Holland speak out about the very system that was supposed to protect him.
Tim Holland says Ricky lived out his last days suffering from physical and mental abuse. Tim Holland says his son's life was filled with pain. He says Ricky was abused, starved and lived in a concentration camp environment.
Rick Baxter, House of Representatives: "To know that environment is going on, and with the department not doing enough to find out what was really going on is disheartening."
In fact, some in the department praised the Hollands for their care of Ricky. In 2004, a case worker says the Hollands were doing a great job, they loved their babies and both Tim and Lisa were very helpful.
David Law, House of Representatives: "When workers are saying parents are doing a great job and the child is being loved, and the kid ends up dead at the hands of parents, there is concern there."
State Representative Rick Baxter and Rep. David Law are on a special committee looking at all of the gaps in Michigan's child welfare system. The two plan to present a package of eight bills they say will make sure that no other child will fall through those gaps.
Law targets pedophiles
Jameson Cook
03 Sep 2006 12:00 am
A new set of state laws that took effect last week toughens penalties against pedophiles, creating minimum mandatory sentences of life in prison or 25 years in prison, and putting offenders on lifetime tethers.
Hailed by law enforcement officials and politicians, the laws are part of a nationwide effort to enact "Jessica's Law" and a signal that society believes that pedophiles cannot be rehabilitated and should be locked up.
State Rep. Phil Pavlov, R-St. Clair Township, who introduced two of the main bills in Michigan, said the disgust people have had with repeat crimes by child rapists and molesters led to fairly easy passage of the laws earlier this year.
"It's a belief that pedophiles cannot change," Pavlov said. "You have almost a 100 percent repeat rate (among child predators). When they're behind bars, they're not out there looking for their next victim. Society has had enough."
"The public perception of this is positive, but the changes were designed to appease the public," said attorney Jacob Femminineo.
"You're taking away the discretion of judges" in cases involving first-time offenders who must spend 25 years in prison from the result of testimony by a child, said attorney David Griem.
Officials note that most sex offenders are not released on their first chance for parole so many defendants serve years beyond their minimum sentence. The parole rate in 2004 for sex offenders was 13 percent, according to the Michigan Department of Corrections.
The parole rates are substantially below those convicted of violent, nonviolent and drug crimes, according to the DOC.
Griem, a criminal defense attorney, said the 25-year minimum penalty for a first-time offender "scares the hell out of me" because it usually revolves around the credibility of young accusers, who can be coached by an adult guardian.
"You see these divorce cases from hell," Griem said. "An adult for his or her own personal reasons may manipulate a child to gain an advantage over someone else in a divorce case, or you may have allegations against a school teacher by a parent who has had a run-in with the teacher.
Pavlov said society must rely on its justice system to reach fair resolutions.
"You've got to prove it to a jury," he said. "These cases are not just based on a child's testimony. We've put it in the hands of the jury. There are going to be some battles out there (in courtrooms)."
Delayed justice
26 Aug 2006 12:00 am
The justice system is not infallible. The Lisa Hansen case is proof of that. Nearly a year after being wrongly accused and punished for a crime she didn't commit, the Grand Rapids woman is getting her reputation restored and being compensated for her ordeal. While they obviously are justified, they also inevitably are insufficient. Being charged with a crime can ruin an innocent person's life, taking a lasting emotional and financial toll.
Ms. Hansen, 25, was charged last year with embezzling money from her employer after a bank deposit she made at a night deposit box came up missing. Ms. Hansen steadfastly denied taking the money, but she was fired from her job, booked and fingerprinted by police and jailed for several hours.
Her court-appointed attorney told her to plead guilty, but Grand Rapids District Judge David Buter -- in one of this sad story's few heartening turns -- refused to accept that plea after he asked her to explain what she did to make her guilty. The attorney said it appeared police had a solid case. Ms. Hansen served 40 hours of community service before the criminal charge was dropped.
The money bag she was accused of taking -- containing $81 in cash and about $350 in checks -- was found about two weeks ago lodged in the Huntington Bank night deposit box in which she had placed it.
The legal system performs well. But when innocent people are punished for crimes they didn't commit, the justice system is given a black-eye. Such errors also give the public pause in believing that if you're innocent you have nothing to worry about.
Victim tells of rape in lab
AMALIE NASH
25 Aug 2006 12:00 am
As someone pulled her backward off her stool and pressed a knife against her throat, an Eastern Michigan University biology student said she began to panic.
At first, she thought it might be a joke when a man circled his arms around her face and pressed hands covered with latex gloves onto her nose and mouth.
But as she gasped for breath and was yanked across a science laboratory in the Mark Jefferson building into a smaller and darkened adjoining room, the woman said she feared for her life.
Over the next several minutes, the woman said she was ordered to disrobe, struck in the head, raped repeatedly and led around naked, on her hands and knees, by a man pulling a cord wrapped around her neck.
More felon records erased
Marisa Schultz / The Detroit News
07 Aug 2006 12:00 am
More than 1,100 Michigan ex-cons had their criminal records erased in the first six months of this year, an almost 60 percent increase that coincided with heightened scrutiny of school and health employees statewide.
With their records expunged by judges, former criminals escape detection of background checks that might have banned them from sensitive jobs or made it harder for them to find work. They also can legally tell potential employers that they have no convictions.
The growing practice amplifies the divide between those who believe that former convicts deserve a chance at redemption and those who want access to the criminal histories of educators, coaches, maids, nannies, neighbors, health care workers, other employees -- or virtually anyone else.
"It's a fine line. Should an applicant have the right to a clean start? But shouldn't an employer have the right to protect its business, its assets and the general public?" said Kevin Klimas, president and founder of Clarifacts, a Phoenix-based employment screening firm. "There is an argument on both sides of the fence."
