Monday, April 17, 2000

Sheriff William Hackel - Trial: Convicted - Macomb County

Also See:

[Sheriff] William Hackel - Masonic Temple Head of Security - Registered sex offender
August 26, 2013
[Sheriff] William Hackel - Denied new trial
September 19, 2007
[Sheriff] William Hackel - Registered sex offender - Released from prison
April 24, 2005
[Sheriff] William Hackel - Appeal
June 6, 2000
Sheriff William Hackel - Sentenced
May 15, 2000
Sheriff William Hackel - Charged w/ CSC
October 11, 1999









Sheriff prosecuted after failing lie detector test
The Argus Press
Owosso Michigan
Mon., May 8, 2000

Mount Pleasant, Mich. [AP] - Former Macomb County Sheriff William Hackel failed a lie detector test two weeks before he was charged with raping a 25-year-old woman at a sheriff's convention.

The FBI polygraph exam showed Hackel failed two key questions: "Did you force [the victim] to have sex with you on Oct. 11th?" and "Did [the victim] ever indicate to you that she wanted you to stop having sex with her?"

Hackel answered no to both questions, according to the Detroit News, which obtained results of the test with a Freedom of Information Act Request.

"It is the opinion of the examiner that the recorded responses ... are indicative of deception," lie detector examiner Samuel J. Ruffino wrote in his report. Hackel was given the hour-long test at the FBI headquarters in Detroit on Nov. 2, 1999.

Hackel, 58, was convicted April 27 by an Isabella County jury of two counts of third-degree criminal sexual conduct.

A message was left early Monday seeking comment from Hackel lawyer James Howarth.

Polygraph test results are inadmissible as evidence in court, but prosecutors use them when credibility is a key factor, said Steven Kaplan, an assistant Macomb County prosecutor with 14 years experience.

"It's an important tool in a case where it's one-on-one," Kaplain said. "In cases where the evident is not strong, prosecutors will use polygraphs to determine whether they will charge. It's a tool for the prosecutor in determining the validity of the charges.

Hackel, who was sheriff for 23 years, faces up to 15 years in prison when he is sentenced May 15.















Sheriff prosecuted for rape after lie detector failure
Ludington Daily News
Monday, May 8, 2000

Mount Pleasant, Mich. [AP] - Former Macomb County Sheriff William Hackel failed a lie detector test two weeks before he was charged with raping a 25-year-old woman at a sheriff's convention.

The FBI polygraph exam showed Hackel failed two key questions: "Did you force [the victim] to have sex with you on Oct. 11th?" and "Did [the victim] ever indicate to you that she wanted you to stop having sex with her?"

Hackel answered no to both questions, according to the Detroit News, which obtained results of the test with a Freedom of Information Act Request.

"It is the opinion of the examiner that the recorded responses ... are indicative of deception," lie detector examiner Samuel J. Ruffino wrote in his report. Hackel was given the hour-long test at the FBI headquarters in Detroit on Nov. 2, 1999.

Hackel, 58, was convicted April 27 by an Isabella County jury of two counts of third-degree criminal sexual conduct.

A message was left early Monday seeking comment from Hackel lawyer James Howarth.

Polygraph test results are inadmissible as evidence in court, but prosecutors use them when credibility is a key factor, said Steven Kaplan, an assistant Macomb County prosecutor with 14 years experience.

"It's an important tool in a case where it's one-on-one," Kaplain said. "In cases where the evident is not strong, prosecutors will use polygraphs to determine whether they will charge. It's a tool for the prosecutor in determining the validity of the charges."
























Macomb County sheriff convicted of rape
The Argus-Press
Owosso Michigan
April 28, 2000

Mount Pleasant, Mich [AP] - Macomb County Sheriff William Hackel clenched his jaw but said nothing as a jury read verdicts convicting him of rape.

His wife sobbed in the courtroom as Hackel, who has been sheriff in the suburban Detroit county for 23 years, was taken into custody by the court baliff Thursday.

The 58-year old faces up to 15 years in prison on each of two counts of third-degree criminal sexual conduct. Hackel has said the sex with the woman, an acquaintance, was consensual. The conviction means he is automatically removed from office, according to state election law.

He will be held in the Isabella County jail pending sentencing at an undetermined date.

"I'd say he reacted with the same dignity that he has shown not only through this trial but through his life," defense attorney James Howarth said, adding that Hackel's wife of 24 years, Ada, was "devistated."

The sheriff's son, Macomb County sheriff/s Inspector Mark Hackel, put his head in his hands as the judge polled the jurors on their verdicts.

When the judge revoked bail, Mark Hackel said, "Oh my God, oh my God," and began pacing in the gallery, the Morning Sun reported. he then bolted from the courtroom.

Hackel remained in office since the charges were filed last November. earlier this month, the Democrat announced he was running for a seventh term, but not cannot do so.

Undersheriff Ronald P. Tuscanny will fill the post temporarily, county clerk Carmella Sabaugh said. The clerk, prosecutor and chief probate judge will meet to appoint someone for the rest of Hackel's term, which expires Dec. 31, corporation counsel George Brumbaugh said.

Prosecutors said the assault occurred Oct. 11 at the sheriff's convention at the Soaring Eagle Resort. Hackel testified that the woman had consented to sex.

The woman, 26, testified that she agreed to have lunch in her room with Hackel. Once inside, she said, Hackel tried to undress her and ignored her when she twice asked him to stop kissing hand groping her.

She testified she didn't call police out of fear her allegactions against a prominent law enforcer would be ignored. Instead, she reported the attack to a resort employee. The employee told the resort nurse, who notified police.

Isabella County Prosecutor Larry Burdick praised the victim for what he said was her bravery in seeing the case through.

"This is an example of a courageous young woman who had something horrible done to her and had the courage to stand up and run the gauntlet ... to see justice done.

The woman said Thursday that the verdict "hasn't really sunk in yet."

"I always believed that the truth would come through," she told The Detroit News.

The Isabella County Circuit Court jury heard six days of testimony, followed by closing arguments Wednesday. They deliberated for 9 1/2 hours.

Howarth said he would ask for a new trial and would appeal the verdict.

Hackel spoke briefly with reporters just before hearing jurors had reached a verdict.

"I know I'm innocent," He said. "I believe in the system. The jury will sort it out. But if they don't I'm prepapred to handle it."

Defense witnesses including Macomb County Prosecutgor Marlinga.

"I testified what I knew about him which was that he was an honorable guy in everything I've ever known, never showed agression toward anybody," Marlinga said after the verdict.

"As a lawyer and a prosecutor I have to accept the jury's decision, but it doesn't stop me from being sad."

Hackel's wife testified Monday that her husband had told her about the rape accusations but did not mention that he had sex with the woman.

She said she learned of the rape through media reports.

After the verdict Thursday she spoke briefly with reporters.

"We're going to get through this," she said. "My husband is innocent."

Jurors declined to comment to reporters and were escorted out of the courthouse.

In 1995, Hackel decided against switching parties to run against Democratic U.S. Rep. David B despite overtures from national Republicans, including then House Speaker Newt Gingrich.















 
Hackel found guilty of rape
CM-LIFE
Anthony Judnich
April 28, 2000

http://media.www.cmlife.com/media/storage/paper906/news/2000/04/28/News/Hackel.Found.Guilty.Of.Rape-2477801.shtml

Macomb County Sheriff William Hackel faces up to 15 years in prison after a six-man, six-woman jury found him guilty of rape Thursday in Isabella County Circuit Court.

After deliberating for almost 10 hours beginning Wednesday, the jury announced its verdict Thursday morning. Hackel was convicted of two counts of third-degree criminal-sexual conduct, involving oral penetration and forced sexual intercourse.

"Oh my God, my God," Hackel's son, Mark Hackel, said after Chief Judge Paul Chamberlain denied continuing the sheriff's bond. Hackel's wife, Ada, bent over in her seat and sobbed as the bailiff led him to the Isabella County Jail.

Hackel, 58, is guilty of raping a 26-year-old woman Oct. 11 in her hotel room at the Soaring Eagle Casino and Resort, 6800 Soaring Eagle Blvd., during a Michigan Sheriff's Association fall conference.The trial began April 17, and closing statements were given Wednesday. Hackel had admitted he and the woman had sex, but testified that it was consensual.

The victim, an MSA staff member, said she was "shocked" and "happy" about the jury's ruling.

Third-degree criminal-sexual conduct requires a mandatory jail sentence, but Isabella County Prosecutor Larry Burdick said he doesn't know yet what he'll recommend. The maximum prison sentence is 15 years.

Hackel will remain jailed until his sentencing, which should take place within four to five weeks, Burdick said. Hackel had been free on a $10,000 surety, or 10-percent bond.

Hackel's sister, Linda Ahern, attended the trial and said Ada Hackel is devastated by the jury's decision and the judge's bond rejection.

"The man isn't going anywhere. They could have let him go home," Ahern said. "This goes beyond belief. It was something that never should have happened."We'll just have to live with the decision. Anger or crying won't change the decision."

Defense Attorney Jim Howarth said the verdict will definitely be appealed. Hackel, who has been Macomb County's sheriff for 24 years, had planned to run for a seventh four-year term this fall, but resigned following his conviction.

Howarth said he was stunned by the jury's decision."I don't understand it, I'm in shock," he said. "The judge can order a new trial because no rational juror could come up with this verdict."

Upon hearing the decision, Hackel "reacted with the same dignity he has shown throughout this trial," Howarth said.

He said the jury held Hackel to an unfair standard because of his job position, saying "if William Hackel was a custodian in a hotel, he would have been acquitted.

"The prosecution won the case because the victim had the courage "to run the gauntlet" and that she "handled the media attention and the court hearings with great courage," Burdick said."This case also stands for women who suffer these kinds of assaults, so they can see that the system can work for them.


"Women who suffer a sexual-assault incident can come forward and will be treated with respect, Burdick said.

Prosecuting the case of a sheriff accused of rape was difficult, but "no one person is above the law," he said.

After sentencing, Hackel will be transported to the Jackson State Prison's processing center, where his place of incarceration will be determined.















SHERIFF GUILTY AND GOES TO JAIL
RAPE VICTIM SAYS SHE IS PLEASED AND SHOCKED BY VERDICT
April 28, 2000
Detroit Free Press

For 24 years, William Hackel was the law in Macomb County. He snared robbers, murderers and rapists, and was hailed as a champion of victimized women and children. On Thursday, a jury gave him a new label -- rapist -- and sent him to share a cell with an armed robber. An Isabella County jury found him guilty of two counts of rape for two acts during the assault.

"This is a sad day," said Macomb County Prosecutor Carl Marlinga. "He was the last ...













Detroit - area sheriff convicted of rape at law convention
The Toledo Blade
Friday, April 28, 2000








Mount Pleasant, Mich. [AP] - A jury convicted the longtime Macomb County Sheriff yesterday of raping a woman at a law enforcement convention last year, rejecting his claim that the sex was consensual.

Sheriff William Hackel, 58, faces up to 15 years in prison on each of two counts of third-degree criminal sexual conduct. The conviction means he is automatically removed from office, according to state election law.

Hackel, who has been sheriff in the suburban Detroit county for 23 years clenched his jaw as the verdicts were read in Isabella County Circuit Court but made no comment. As he was taken into custody by the court bailiff, his wife sobbed in the courtroom.

"I'd say he reacted with the same dignity that he has shown not only through this trial, but through his life," defense attorney James Howarth said, adding that Hackel's wife of 24 years, Ada, was "devastated."

The sheriff's son, Macomb County sheriff's Inspector Mark Hackel, put his head in his hands as the judge polled jurors on their verdicts.

When the judge revoked bail, Mark Hackel said, "Oh my God, oh my God," and began pacing in the gallery. He then bolted from the courtroom.

Hackel remained in office since the charges were filed last November. Earlier this month, the Democrat announced he was running for a seventh term, but now cannot do so.

Undersheriff Ronald P. Tuscany will fill the post temporarily, county Clerk Carmella Sabaugh said. The clerk, prosecutor, and chief probate judge will meet to appoint someone for the rest of Hackel's term, which expires Dec. 31.

Prosecutors said the assault occurred Oct. 11 at a sheriff's convenction at the Soaring Eagle Resort. Hackel testified tht the woman consented to sex.

The woman, 26, testified that she agreed to have lunch in her room with Hackel. Once inside, she said, Hackel tried to undress her and ignored her when she twice asked him to stop kissing and groping her.
 














 
Jury still out in sheriff's rape trial
Ludington Dailey News
Thursday, April 27, 2000

 Mount Pleasant, Mich [AP] - Attorneys in the rape trial of Macomb County Sheriff William Hackel indicated in closing arguments that the jury's verdict would hinge on each side's ability to discredit testimony.
The Isabella County Circuit Court jury heard six days of testimony, followed by closing arguments Wednesday. They were sent home after eight hours of deliberations without reaching a verdict.
Deliberations were to resume todday.
Hackel, 58, is charged with two counts of third-degree criminal sexual conduct. If convicted, he could face up to 15 years in prison.
Prosecutor Larry Burdick said in his closing statement that the defense would try to attack the woman's credibility by suggesting she either had a plan to frame Hackel, or was so embarassed by the incident that she convinced herself she was raped.
"The perpetrator is going to count on secrecy as his first line of defense," Burduck said. "The second line of defense is to attack the victim's credibility so that no one listens."
Calling the woman's testimony troubled, defense attorney William Howarth said she repeatidly told police and hotel workers after the alleged attack that she could not stand the smell of Hackel and his cologne on her hands.
Hackel and his wife testified that Hackel has not worn cologne for five years because it aggravates his asthma.
Authorities say the assault occurred Oct. 11, 1999 at a sheriff's convention at the Soaring Eagle Resort. Hackel testified that he and the woman both consented to sex.
Outside of court, the woman said retelling what happened has forced her to relive the expreience. But the worst part, she said, is waiting for a verdict.
"I did what needed to be done, and I've tried to stay strong through this," she said. She also said she wouldn't file a civil suit.
Prosecutors Monday rested their case against Hackel with the testimony of Clare Fox, the case lead investigator with the Saginaw Chippewa Tribal Police. The Saginaw Chippewa tribe owns Soaring Eagle.
When questioned about the woman's accussations, Hackel "said that they simultaneously looked at each other and began kissing each other," Fox testified.
Hackel did not use the words "rape" or "sexual assault," Fox said. "His response was that he thought it was consensual. His response would be, 'I was led to believe it was consensual sex.' "
Last week, Hackel's accuser testified she didn't call police because she feared her allegations against a prominent law enforcer would be ignored. Instead, she reported the alleged attack to a resort employee. The employee told the resort nurse, who notified police.
Hackel's wife of 24 years, Ada, testified Monday that her husband had told her about the rape accusations but did not mention that he had sex with the woman.
Ada Hackel said she learned of that through media reports.

















Accused sheriff testified in his own behalf
Ludington Daily News
Wednesday, April 26, 2000

Mount Pleasant, Mich [AP] - The Macomb County Sheriff accused of raping a woman at a sheriff's convenction trembled as he testified the woman initiated physical contact with him and never pushed him away as they had consensual sex.

"[She] grabbed me and hugged me and put her head on my chest," Sheriff William Hackel said Tuesday, publicly defending himself for the first time since the October incident.

The popular sheriff became quiet and his lip trembled as he began to describe what happened.

Hackel, 58, said it was his 25-year-old accuser who suggested they order room service for lunch inside her room. Hackel said neither he nor the woman tried to stop what was happening or say that what they were about to do was wrong.

"Did she ever try to push you away from her?" Howarth asked.

"She did not," Hackel said.

"Are you proud of what you did?" Howarth asked.

Hackel shook his head, unable to speak. In the gallery, his son, Mark, wept.

Hackel is charged with two counts of third-degree criminal sexual conduct in the Oct. 11 incident at a sheriff's convention.





 














Alleged CSC victim testifies in sheriff’s trial
April 24, 2000
12:00 a.m.
David M. Bossick
CM Life

http://www.cm-life.com/2000/04/24/allegedcscvictimtestifiesinsheriffstrial

A 26-year-old woman who alleges she was sexually assaulted by Macomb County Sheriff William Hackel, 58, testified in tears for more than four hours Wednesday.
The woman testified she was assaulted Oct. 11 by Hackel in her hotel room at the Soaring Eagle Casino and Resort, 6800 Soaring Eagle Blvd., where she was coordinating a weekend event for the Michigan Sheriff’s Association.
She testified that she met Hackel at a Michigan State University vs. University of Michigan football game in 1997.
"It was fun. It was like being at a football game with my dad or my grandpa," she said. "The sheriffs are highly respected individuals. … Dealings with people of such stature is an honor."
The alleged victim characterized her relationship with Hackel before the alleged incident as one of respect.

"I looked up to him like most sheriffs, as father figures," she said.
She testified that Hackel helped her carry boxes up to her hotel room, where he allegedly assaulted her.
"He took my shoulders and pushed me on the bed and used his hand to pull my shirt up," she said.
The alleged victim said she was immobilized with shock and fear.
"The more I tried to get away, it turned him on even more, so I stopped and I just laid there.
"My generation knows … that no means no and not to put yourself in a dangerous situation," she said. "And here I was with a sheriff and he of all people should know that rule."
She described the assault, alleging Hackel orally penetrated her and then raped her.
"I opened my eyes and looked over to see if he had a condom on and he didn’t."
After the alleged incident, the woman said she told the Hotel Manager Dave Buckenberger she had been raped.
"At that point he was the only logical person to call. Everyone I knew at that conference was a sheriff."
She said she was afraid to go to the police because "girls are always victimized in these cases."
The alleged victim continued her testimony Thursday and Judge Paul Chamberlain dismissed a juror in the fourth day of the trial.
Chamberlain dismissed juror 32 because of statements he made to other jurors regarding the trial. He is the same person who said during jury selection that he could be unbiased although his wife was raped 17 years ago.
Chamberlain also said the jury will not be able to ask questions of the witnesses.
The alleged victim took the stand again Thursday, as defense attorney Jim Howarth asked her what kinds of military experience she had. She replied she was part of the U.S. Army National Guard from 1995 to 1997 and did go through training.
She described how Hackel held her down during the alleged assault. "He was holding me down like this," she said as she placed her left hand on her upper chest and lower neck.
Howarth asked why she didn’t confide in Suzanne Palmer, her superior, after the incident.
"I don’t confide in her," she said. "I would have confided in the executive director before her.
"She’s my boss. I have a boss-employee relationship," she said.

Howarth asked why she didn’t call the police regarding the incident. "My first thought was I can’t call the police," she said.
She thought the police would believe the crime happened, but nothing would be done, she said.
"I didn’t know what was going to happen," she said. "Look at who did it to me. He is the law," she said. "OK. I was not ignoring what I have been taught. I was reacting to who did it to me."

Isabella County Prosecutor Larry Burdick brought other witnesses to the stand in the morning session of the trial. These included security guards on duty at the time of the alleged incident and desk-staff personnel.
Burdick introduced evidence including phone records, room lock records and surveillance tapes from cameras in the Soaring Eagle Casino and Resort.
The desk staff of the resort testified that no one could remember receiving a call to leave early on the evening of Oct. 11, 1999.
One security guard said there was a "screw up" when he forgot to put a tape in the surveillance machine, so the only thing that is on tape is Hackel and the alleged victim entering the room.
Burdick called seven other witnesses Thursday. These included Buckenberger, Tracy Jackson, a security officer at the Soaring Eagle Hotel; Terrence Jungel, executive director of the Michigan Sheriffs Association; Connie Swander, a forensic scientist with the Michigan State Police in Lansing; Jeri Tuscany, an educator and wife of the Macomb County undersheriff; Leona Lashuay, medical technologist at Central Michigan Community Hospital; and Dr. Nivedita Mahanti, a forensic scientist at the Michigan State Police DNA lab in Lansing.
Buckenberger’s testimony revealed that he had talked to the alleged victim on the phone after the alleged rape.
Jackson testified that she had sat in the hall outside the woman’s room while tribal police were inside investigating the situation. Jackson said she saw a man wearing a Detroit Red Wings shirt get off the elevator onto the fifth floor but then quickly turn and leave before she got a good look at him.
Suspicious, Jackson said she wanted to look at the hotel videotape from the hallway camera, but a worker had forgotten to hit the record button on the hall’s camera.
Jackson told Burdick that the man she had seen was taller than average and had gray or graying hair.
She said Investigator Clare Fox showed her different pictures of men but she couldn’t match any of them to the man she saw in the hall.
A couple of days after the alleged assault, Jackson said she saw a picture of Hackel in the Mount Pleasant Morning Sun newspaper and said he did not match anyone in the pictures that Fox had shown her.
Jungel, who is the woman’s boss, testified that he had briefly talked with Hackel as Hackel was checking out of the hotel and that he did not appear nervous or present unusual behavior.
Swander testified that she had tested evidence of sperm from the fifth floor hotel room where the alleged rape took place.
Swander testified that semen was found on vaginal and rectal swabs taken from the woman as well as on a towel from the hotel room’s bathroom, on the woman’s underpants and on the inside of a bed comforter from the room.
Evidence of saliva was also found on a vaginal swab, the panties and on the alleged victim’s jeans.
On cross examination by Howarth, Swander said only the vaginal swabs have been tested for DNA.
Tuscany said she and her husband drove Hackel and his wife to the sheriff’s conference. She said she and her husband have known Hackel for about 20 years and that he is "very loyal to his friends."
"Do you feel he’s loyal to his wife?" Burdick asked Tuscany.
"Yes," Tuscany answered.
The next person to testify was Lashuay, who said she drew two vials of blood and one of urine from Hackel and then gave the samples to Fox for the investigation.
The last person called by Burdick Thursday was Mahanti, who said the DNA from the woman and Hackel matched in tests done on a vaginal swab from the alleged victim.
Mahanti said the tests were done Feb. 16.
"Did anyone tell you four months prior to that Bill Hackel admitted to police that he had sex with (the woman)?" Howarth asked Mahanti.
"No, I was not aware of that," Mahanti said.
The trial resumes today at 8:30 a.m.














Jury seated in trial of Macomb sheriff
The Argus Press
Owosso, Michigan
Tues., April 18, 2000

Mount Pleasant, Mich. [AP] - A jury of eight men and six women was seated in the rape trial of Macomb County Sheriff William Hackel.

Hackel, 58, is charged with two counts of third-degree criminal sexual conduct. A woman alleges that Hackel attacked her during a sheriff's conference at the Soaring Eagle Resort in October.

The defense and prosecution interviewed 25 prospective jurors Monday from a pool of about 901 before settling on a jury.

Hackel's attorney has said his client will testify that he had consensual sex with the woman.

Defense attorney James Howarth asked jurors if they could reach an innocent ve?"rdict if what someone did was legal but, in their view, morally wrong. Hackel is married.

"Some things may be morally wrong, but not a crime," Howarth said. "We may not like it."

Both Howarth and County Prosecutor Larry Burdick probed prospective jurors about their sentiments toward law enforcement officials.

"I don't think I could be fair with the police," said one juror who was dismissed by Chief Judge Paul Chamberlain.

A key element to the case, and one of the defense plans to present, is whether the woman making the allegations resisted. Michigan law says a woman does not have to resist for an assault to be a crime.

Despite that, Burdick questioned jurors on how they felt about it.

"Do you think a woman should have to resist?" he asked.

Some jurors hedged on the issue, and a few indicated they believed that a woman should resist in some way a sexual assault.

One juror said his wife had been raped at knifepoint 17 years ago. Despite having strong feelings about it, the man said he could be a fair juror.




















 




In October 1999, Macomb County Sheriff William Hackel was investigated for raping an acquaintance during a Michigan law enforcement convention. Sheriff Hackel maintained that the sex was consensual.
In November 1999, Sheriff William Hackel was charged with rape, after he failed a polygraph exam.
During his trial in April 2000, Sheriff Hackel falsely maintained that the sex had been consensual. The jury convicted Hackel of rape.
In May 2000, Sheriff Hackel was sentenced to at least 3 years in prison for the October 1999 rape. He served 5 years and was released in 2005.
In June 2000, Sheriff Hackel filed an appeal on his rape conviction...He was still falsely claiming that the sex had been consensual. Hackel's appeal was denied.


 In 2007, the Detroit US Federal Court turned down Sheriff Hackel's request for a new trial on his rape conviction. Hackel was still maintaining that the sex had been consensual.






Sheriff William Hackel has been throwing the words "consensual sex" around for years. In 1991, when male jail inmates broke into the female inmate section of the jail, the male inmates did not rape the women: "There's no question that they had sex," Hackel said, "It was consensual".