Friday, August 3, 2001

Senator David Jaye - Sentenced: Probation violation - Macomb County

Also See:


Senator David Jaye - Ousted from Michigan Senate [May 24, 2001]

http://michiganoidv.blogspot.com/2001/05/senator-david-jaye-ousted-from-senate.html

Senator David Jaye - Arrested for assaulting fiancee [April 12, 2001]
Senator David Jaye - domestic assault [November 19, 2000]

Senator David Jaye - Arrested for driving on restricted driver's license / probation violation
[November 19, 2000]


Senator David Jaye - Sentenced for March 05, 2000 drunk driving charge [July 2000]

Senator David Jaye - Drunk driving charge [March 2000]

           










Ex-lawmaker faces jail for probation violation
Milwaukee Journal Sentinel
August 4, 2001

Shelby Township, Mich. - A lawmaker expelled by the state Senate violated his probation by assaulting his girlfriend and failing to follow driving restrictions, a judge ruled Friday.

David Jaye was sentenced to 30 days in jail, but if he pays a $500 fine within 21 days, he can avoid jail time.

Macomb County District Judge Douglas Shepherd also ordered Jaye to attend anger management classes. He faced up to 10 1/2 months in jail for violating his probation for a drunken driving conviction last year.

Prosecutors claimed Jaye assaulted his fiancee and violated restrictions on his driver's license by driving to northern Michigan for a hunting trip.
 
 

             












Jaye violated probation, Michigan judge rules
The Blade
Toledo, Ohio
August 4, 2001

Shelby Township, Mich. - A judge ruled yesterday that David Jaye violated his probation by assaulting his girlfriend and failing to follow driving restrictions, but it appears the expelled state senator will not be returning to jail.

Mr. Jaye was sentenced to 30 days in jail, but if he pays a $500 fine within 21 days, he can avoid jail time. He was ordered by Macomb County District Judge Douglas Shepherd to attend anger management classes and his probation is continued.

Mr. Jaye was expelled from the Senate in May after most of his fellow senators said he no longer deserved to serve, in part because of his three drunken driving convictions and allegations he hit his fiancee, Sonia Kloss. Mr. Jaye, who was ousted on a 33-2 vote, is the first senator in state history to be expelled. He has filed to run for the Sept. 11 special election to determine his successor in the Senate.
 

           














Fiancee is star witness at Jaye hearing
She blames jealousy, drinking for quarrel
August 3, 2001
Detroit Free Press.

Flailing her arms and gently shoving a prosecutor, the fiancee of ousted state Sen. David Jaye demonstrated in court Thursday how she struggled with Jaye as he escorted her from a gas station and into a car during a quarrel. Sonia Kloss, who spent much of her two hours on the witness stand defending Jaye, said she was drunk and witness statements were false when Jaye was accused of assault Nov. 19 in a police stop in Bay County. Testifying about another argument, she cited jealous...

                     











Jaye didn't hit me, fiancee tells court
She doesn't recall what she said to police
The Blade
Toledo Ohio
Associated Press
August 3, 2001


Shelby Township, Mich. - David jaye's fiancee testified yesterday that the former state senator did not hit her during the two incidents that prosecutors point to as violations of Mr. Jaye's probation on a drunken driving conviction.

Sonia Kloss testified as part of Mr. Jaye's probation violation trial, which got under way yesterday.

He was expelled from the Senate in May after most of his fellow senators said he no longer deserved to serve, in part because of three drunken driving convictions and allegations he hit Ms. Kloss.

The trial in Macomb County Circuit Court could decide whether Mr. Jaye of Washington Township must run for his old seat with a probation conviction on his record. If Judge Douglas Shepherd determines Mr. Jaye violated his probation for a 2000 drunken driving conviction, Mr. Jaye might have to finish serving his sentence.

That could mean spending 10 1/2 months in jail. Mr. Jaye, who insists he hasn't violated his probation, has filed to run for the Sept. 11 special election to determine his successor in the Senate.

Mr. Jaye called yesterday's proceedings "double jepordy" because he was subjected to Senate hearings over the alleged incidents.

Yesterday Ms. Kloss appeared confused and upset through much of her testimony. Her hands shook as she looked at transcripts. She had to take two breaks while testifying.

Although she denied Mr. Jaye hit her during an April 12 incident in Florida or during a Nov. 19 incident at a Bay County, Michigan gas station, she admitted she had been drinking heavily before both events.

When asked if she told police that Mr. Jaye hit her after the November incident, she said: "I was up for 36 hours. I was drinking all night and partying. I don't know what I said." She said Mr. Jaye did pull her to the car but did not hit or kick her. "He yelled and screamed. He wanted to get me in the car," Ms. Kloss said.

Proceedings were to resume Friday morning."
 
 
 

                     












Ex-senator guilty of probation violation
Ludington Daily News
August 3, 2001

Shelby Township, Mich. [AP] - Former state Sen. David Jaye was found guilty Friday of violating his probation.

He was sentenced to 30 days in jail or a $500 fine. He also was ordered by Macomb County District Judge Douglas Shepherd to attend anger management classes and his probation is continued.

"Frankly, Mr. Jaye, it would be easy for me to put you in jail for the full 10-and-a-half months, but I don't that would be the right thing for me to do," Shepherd said.

Jaye could have been ordered to spend up to 10 1/2 months in jail for violating his probation for a 2000 drunken driving conviction.

Prosecutors claimed Jaye assaulted his fiancee on two separate occasions, in Florida and in Bay County and that he violated restrictions placed on his driver's license by driving to northern Michigan for a hunting trip.

Shepherd found Jaye guilty of violating his probation as to the alleged incident in Florida and the driving allegation, but innocent as to the alleged Bay County incident.

Jaye said that he planned to restify in his own defense, but those plans never came to be as his attorney rested without calling him to the stand.
 

                 













Ex-senator's probation trial begins
Ludington Daily News
August 2, 2001
Shelby Township, Mich. [AP] - A probation violation trial begins Thursday for David Jaye, the only senator in Michigan history to be expelled from his seat.

The Macomb County District Court trial's outcome could decide whether Jaye, of Washington Township, is eligible to run again for the seat he was ousted from in May.

His Senate peers voted 33-2 to expel him, citing a "recurring pattern of personal misconduct."

Jaye has filed his candidacy for the upcoming special elesction, which Gov. John Engler announced will be Sept. 11.

The general election is scheduled for Nov. 6.

But if found guilty Jaye faces up to 10 1/2 months in jail.

The trial is expected to last two days, with more than a dozen witnesses called to testify, The Macomb Daily of Mount Clemens reported Thursday.
 

                   









Background Facts for the News Media and the Public on the Aug. 2 & 3 Court Hearing on Former State Senator Dave Jaye.
SHELBY TOWNSHIP, Aug. 1 /PRNewswire/ --
The following was compiled by Bill McMaster, for Michigan Senate Candidate Dave Jaye, "Taxpayers' Best Friend" in Lansing for 13 years.
http://www.thefreelibrary.com/Background+Facts+for+the+News+Media+and+the+Public+on+the+Aug.+2+%26+3...-a076913030

Dave Jaye will participate in hearings starting at 8 a.m. Thursday and concluding Friday (Aug. 2 & 3) before Shelby Township 41st-A District Court Judge Douglas Shepherd to determine whether or not Jaye violated terms of his OUIL probation.

Terms of probation were established after Senator Jaye did not dispute the findings of the Macomb County Sheriff Department that he blew .11 on the Breathalyzer while driving home alone after an evening of strenuous wallyball interspersed by pizza and beer on Saturday, March 5, 2000.

On June 12, 2000, the 41st-A District Court sentenced Sen. Jaye to the harshest penalty in Michigan history for Second offense OUIL (almost seven years apart) not involving an accident: 45 days in jail, two years of probation including two AA meetings a week and medical health counseling. Sen. Jaye served his jail time during the summer break and still finished the year with one of the best voting records: 97% attendance voting 95% of the time with Republican leadership.

Having a clean record for complying with the terms of his driving restrictions and no drinking, Jaye's full driving license privileges were returned to him on January 4, 2001.

On May 10 this year, Macomb County Prosecutor Carl Marlinga, an opportunist Democratic candidate for U.S. Congress, abused the power of his office by concocting three "Probation violations" allegedly committed by Sen. Jaye. District Court Judge Shepherd will conduct the hearing on Marlinga's allegations without concern for Jaye's constitutional right to a jury or double jeopardy.

In U.S. for allegations against Jaye's conduct which were already found totally without merit in four prior legal proceedings. The three probation "respects" Jaye is accused by political opponents of violating are:

"1. On November 19, 2000, the Defendant engaged in assaultive behavior against Jameela Sonia Kloss in Bay County Michigan."

Jaye's Factual Response: There was no assaultive behavior. No evidence has been found after nine months of investigation in Bay County to substantiate a charge being brought against Jaye. In fact, the gas station's security video tape, which was introduced to the legal record during State Senate hearings last May, vividly and truthfully contradicts the sworn testimony of Jaye's principal accuser from the gas station/mini mart. The preponderance of evidence.

In a civil case, the plaintiff has the burden of proving the facts and claims asserted in the complaint. proves Jaye is innocent of hitting Ms. Kloss ... or anybody.

"2. On April 12, 2001, the defendant engaged in assaultive behavior against Jameela Sonia Kloss in Lee County Florida, being arrested for Domestic Violence Battery."

Jaye's Factual Response: Upon complete investigation by the authorities in Florida, Jaye was permanently cleared of the allegation of Domestic Violence before he was even charged or ordered to stand trial. District Court Judge Shepherd in Michigan cannot logically weigh the preponderance of evidence in a Florida case that never was.

"3. On or about November 19, 2000, the Defendant drove in violation of the restrictions on his drivers license"

Jaye's Factual Response: The two State Troopers who stopped Jaye driving on I-75 after the November 19 complaint of the Bay County gas station attendant checked with their Law Enforcement Information Network computer at roadside. They both gave sworn testimony to the Senate Hearing that Jaye was not violating the restrictions on his drivers license. Even after the Bay County Prosecutor (another politically ambitious Democrat hostile to Jaye's political action) three weeks later ordered the Troopers to further investigate, no evidence was found to charge Jaye with violating even one of the restrictions, or his probation in any "respect." How fair is it for Judge Shepherd in Macomb County to try to assemble the preponderance of evidence against Jaye nine months after the fact in a Bay County case where there wasn't enough evidence to even bring the complaint to a jury trial?

News media has ignored the fact that none of the "respects" before Judge Shepherd involve drinking. Jaye has repeatedly stated he is sorry he didn't stop drinking before his March 2000 arrest. He is taking his punishment like a man. And he is adhering to a higher standard of conduct expected of elected officials by complying completely and without complaint with all of the driving restrictions and probation requirements he agreed to follow.

Former State Senator Dave Jaye has filed as a Republican candidate for his currently vacant seat. The only Republican candidate against him so far in the September 11 Primary Election is State Representative Alan Sanborn, a former Macomb County Probation Officer. Campaign finance records for Sanborn and Judge Shepherd show they are contributors and active supporters in each others' political campaigns.

8 a.m. Thursday, August 2. Concluded Friday.
Case No. 00-629-SD "State of Michigan vs David G. Jaye"
41st-A District Court Judge Douglas Shepherd
51660 Van Dyke, Shelby Twp., MI 48316

                     












Michigan's Jaye to face probation-violation charges
The Blade
Toledo, Ohio
July 24, 2001

Lansing - As former state Sen. David jaye mulls running in a special election for the seat he was expelled from this year, a judge ruled yesterday that Mr. Jaye will face charges of violating probation.

Macomb County District Judge Douglas Shepherd ruled that Mr. Jaye will face charges he vioalted the probation for a drunken-driving conviction. Mr. Jaye had three drunken-driving aonvcitions and allegations he assaulted his fiancee, Sonia Kloss. She said Mr. Jaye did nothing wrong.
 

             









Ex state senator David Jaye in more trouble
Northern Michigan 9 & 10 News
Posted: 6/7/2001
http://www.9and10news.com/category/story/?id=65037

(Shelby Township-AP) -- Ex state Senator David Jaye was arraigned today on charges of violating the probation set in a drunken driving case. He was charged in Macomb County's Shelby Township with three counts of violating his probation. He's free on bond. He says he's innocent. (Ecorse-AP) -- A suburban Detroit woman whose dog was stolen and brutally killed has a new puppy today. Cindy Stiles of Ecorse named the donated ten-month-old German shepherd "Angel." Wayne County Sheriff Robert Ficano says a thousand dollar reward is offered in the other dog's killing. (Colfax Township-AP) -- A Huron County farmer's body has been found in his grain bin. Fifty-six-year-old Ralph Gottschalk of Colfax Township was reported missing yesterday. He was found in the bin hours later. Officials say he may have crawled in the bin to unclog corn, and asphyxiated. (Buckley-AP) -- The twin sisters who spent six weeks jailed in Alaska after a fracas on a jet are home in Buckley. Crystal and Cynthia Mikula were freed last weekend. They face trial in Alaska next month. They're accused of making such a ruckus, the plane had to turn around over the Pacific Ocean.

                   










Jaye could face jail at hearing on probation
Macomb officials cite latest brushes with law
May 12, 2001
Detroit Free Press.

Macomb County probation officials will ask a judge Monday to consider sending Sen. David Jaye back to jail as a result of two run-ins with the law since November. Officials plan to submit a probation violation report Monday to Judge Douglas Shepherd in Shelby Township's 41A District Court, said Assistant Macomb County Prosecutor John Courie, who has reviewed the report. The probation department is requesting that the judge review a 45-day jail sentence on a drunken-driving...                    















Jaye fiancee rambles on 911 tape
Transcripts of April call tells of blood, scratches
May 1, 2001 Detroit Free Press

A transcript of a 911 call placed by state Sen. David Jaye's fiancee the day of their now-legendary Florida spat describes their tussle over her keys, his decision to retrieve his clothes from her house and her accusation that he struck her face. In a rambling exchange with a 911 operator, Sonia Kloss, 36, accuses Jaye, 43, of hitting her. She first says she is bleeding and later that she is bruised. Toward the end of the call, she describes her injuries as scratches...

                 













Jaye was driving on business, attorney says
The Argus-Press
Owosso, Michigan
December 20, 2000

Bay City, Mich. - State Sen. DAvid Jaye might have gone deer hunting but did not violate his restricted driver's license when State Police stopped him because he was on legislative business, his lawyer said.

Jaye has been driving on a restricted license since pleading guilty June 12 to a misdemeanor drunken driving charge. Jaye, a Republican from Macomb County's Washington Township, now can drive only to work, medical visit and counseling sessions.

Attorney Robert Huth Jr. said Jaye was on his way back from discussing lawsuits and regulatory concerns with members of the Turtle Creek Hunt Club in Atlanta, Mich. , when his vehicle was pulled over Nov. 19.

Jaye, 42, was chairman of the senate's Hunting, Fishing and Forestry Committee until his conviction.

"Even if David Jaye was hunting while on the trip, it was incidental to the reason and legislative purpose for him appearing at the meeting," Huth wrote in his request to drop the 90-day misdemeanor charge of violating a restricted license. "My suspicion is that the State Police officers that spoke to Mr. Jaye reached the same conclusion. Surely, they had a copy of his restrictions at the time of the stop."

Bay County Prosecutor Joseph Sheeran said the arrested was justified.
 
 

                 











Jaye back on job after jail term
The Argus-Press
Owosso, Michigan
Kathy Barks Hoffman
Associated Press
August 19, 2000

Lansing, Mich. [AP] - State Sen. David Jaye left the St. Clair County Jail early Friday and held a late-afternoon news conference in his senate office to say he's back on the job.

"Today I am once again taking personal responsibility for my actions," said Jaye, R-Washington Township. "I've become a very strong example of how serious drunken driving is and how serious the consequences are."

Jaye was arrested March 5 in Macomb Township on his second drunken-driving offense. While a state representative in 1993, Jaye spent 10 days in jail after a drunken-driving conviction. This time, he was sentenced to 45 days but was released after 35 after being given time off for good behavior.

Jaye has supported bills that took away time off for good behavior for prison inmates convicted of rapes, murders and serious assaults. He stands by that votes.

During his time in jail, Jaye said he was in the kitchen most days by 4:30 a.m., mopping floors, preparing food and washing dishes for 12 or 16 hours. He said he didn't sleep well a lot of nights, especially after two jail workers were assaulted by inmates.

"It was frightening," he said of his stay. "Jail is a very serious place."

Jaye continued to receive his annual $56,981 salary while in jail, but said he is working with his lawyers to donate some of it to worthy causes. He has been stripped of his Senate committee assignments but will get them back on Jan. 1 if he successfully completes an alcohol rehabilitation program.

Jaye enrolled in a counseling program shortly after his arrest. His two-year probation will require him to continue attending counseling sessions and to attend Alcoholics Anonymous meetings twice a week.

He said some inmates were in jail only because they couldn't pay their fees and court costs, and probably could be spending their time more effectively doing community service. He'd also like to require inmates to get vocational training, a high school diploma or equivalent degree before they can leave jail.

Jaye said he's ready to get working again o issues such as approving school vouchers and fighting a General Motor Corp. lawsuit filed on behalf of affirmative action admission programs at the University of Michigan.

He said most of his constituents know he's contrite, but he understands there could be repercussions to his drunken driving convictions.

"I have done more damage to myself drinking and driving that all my political opponents have done combined," he said. "The worst part for me has been all the pain and heartache my family has faced...my friends and supporters have faced.
 
 

                 












State senator arrested for drunken driving
The Blade
Toledo, Ohio
March 6, 2000

Macomb Township, Mich. [AP] - State Sen. David Jaye was arrested on suspicion of drunken driving and failed a Breathalyzer test early Sunday, a sheriff's inspector said.

Mr. Jaye, who previously has faced drunken driving charges, was stopped by sheriff's deputies around 1:30 a.m. on M-59 and released on $100 bond about 6 a.m. Sunday, Macomb County sheriff's Inspector Mark Hackel said.

His blood-alcohol content was not disclosed.

Mr. Jaye's attorney, Rob Huth, said he hadn't had a chance to review the sheriff's department report.

"It is my understanding that his blood-alcohol was right at or around the legal limit adn there may be mitigating circumstances. If not, I expect him to square up and take responsibility for his actions," Huth said.

"I have been a strong supporter of and always voted for tough drunk driving laws that we are all subject to," Jaye said in statement released by his office.

"I am seeking counsel from my family and friends and ask for their prayer during this trying time."

Mr. Jaye, a Washington Township Republican, served three weekends in jail in 1993 for drunken driving.

He was ticketed in 1984 in Sterling Heights for operating a vehicle while impaired by liquor.
 
 

               











Sen. Jaye arrested on suspicion of drunken driving
The Argus-Press
Owosso, Michigan
March 6, 2000
Macomb Township, Mich. [AP] - State Sen. David Jaye was arrested on suspicion of drunken driving and failed a Breathalyzer test early Sunday, a sheriff's inspector said.

Jaye, who has faced drunken driving charges previously, was stopped by sheriff's deputies around 1:30 a.m. on state Highway 59 and released on $100 bond about 6 a.m. Sunday, Macomb County sheriff's Inspector Mark Hackel said. Jaye cooperated with the deputies, Hackel said.

Because Jaye has not been arraigned and the information has not yet been forwarded to prosecutors, Hackel said he could not disclose Jaye's blood-alcohol content though he said he failed the breath test. A blood-alcohol content of 0.10 percent or higher is considered drunk driving under Michigan law.

Jaye's attorney, Rob Huth, said Sunday afternoon he hadn't had a chance to review the sheriff's department report.

"It is my understanding that his blood-alcohol was right at or around the legal limit adn there may be mitigating circumstances. If not, I expect him to square up and take responsibility for his actions," Huth said.

A message seeking comment was left on Jaye's ansering machine Sunday afternoon.

"I have been a strong supporter of and always voted for tough drunk driving laws that we are all subject to," Jaye said in statement released by his office.

"I am seeking counsel from my family and friends and ask for their prayer during this trying time."

Jaye, a Washington Township Republican, served three weekends in jail in 1993 for drunken driving.

He was arrested Feb. 2, 1993, after rolling through a stop sign in rural Webberville, about 20 miles east of Lansing. he was charged with operating a vehicle under the influence of liquor and having an unlawful bodily alcohol conent above 0.10 percent.

Jaye's license was suspended for six weeks and restricted for six months.

He also was ticketed in 1984 in Sterling Heights for operating a vehicle while impaired by liquor.

Three years ago, Jaye said he had put the 1993 case behind him.

"I said I wouldn't be drinking and driving any more," he said then. "I'm married dnow. Getting married changes a person's lifestyle and priorities."

Jaye is a conservative Republican who was first elected to the state house in 1993. He has discussed running against U.S. Rep. David Bonior, although he announced in November that he was putting off a decision on whether to run to concentrate on a petition drive calling for public funding of private schools.

If convicted following Sunday's arrest, Jaye could face 40 hours to one year in jail, fines ranging from $200 to $1000, 30 to 90 days of community service, and loss of a driver's license, the Detroit News said.

"He's not looking for any special treatment and he's still a supporter of tough laws," Huth told the Detroit Free Press.
 
 
 

           

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