Tuesday, May 10, 2005

05102005 - Saginaw County Commissioner Al Holiday - Sentenced For Intent To Commit Murder [08232004]: House Arrest

















Saginaw Commissioner was originally arrested on August 23, 2004 for  suspicion of assault with intent to commit murder against his 40-year-old wife. Holiday had poured gasoline on his wife and then tried to set her on fire.

Holiday was charged with only misdemeanor domestic violence. He pled no contest to the charges and was only sentenced to 90 days house arrest.













Holiday facing assault charge
THE SAGINAW NEWS
Saturday, November 13, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news-13/1100344898203580.xml
A newly elected member of the Saginaw City Charter Commission is facing a charge he assaulted his wife.

After three months of investigation, Saginaw County prosecutors have issued a warrant charging Al Holiday, 50, of 3217 Carter, with domestic violence, Prosecutor Michael D. Thomas said.

The charge is a misdemeanor punishable by 93 days in jail.












Domestic assault trial coming next year
THE SAGINAW NEWS
December 10, 2004
http://www.mlive.com/news/sanews/index.ssf?/base/news-1/1102693875170200.xml
Saginaw City Charter Commission member Al Holiday will face trial on a charge that he assaulted his wife in August.

Holiday, 50, of 3217 Carter will go on trial sometime after January on a charge of domestic violence. Court officials have not set a trial date.

A conviction could lead to a sentence of up to 93 days in jail.

Holiday's wife called police and claimed he had doused her with gasoline in their home Aug. 23 and then chased after her with a lighter.

Saginaw police arrested Holiday but released him while prosecutors reviewed evidence.

The investigation took three months to complete.

Police originally jailed Holiday on suspicion of assault with intent to commit murder, a felony that carries a maximum penalty of life in prison.

Holiday, a former Saginaw County Board of Commissioners chairman, was one of nine residents elected Nov. 2 to review the City Charter. He also serves as vice president of the Saginaw Housing Commission.












Holiday's wife won't testify
THE SAGINAW NEWS
February 11, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news2/1108138932196890.xml
Authorities plan to proceed with a domestic violence trial against Saginaw City Charter Commission member Al Holiday even though his wife won't testify against him.

Holiday's wife, Cheryl Holiday, has declared her Fifth Amendment rights and has refused to testify, Saginaw County prosecutors said Thursday after a hearing.

Assistant Prosecutor Steven J. Fenner said Cheryl Holiday "will be unavailable unless she changes her mind."

At an earlier hearing, Cheryl Holiday, 40, declined to say anything about her husband, Fenner said. She gave only her name and date of birth.

Court officials have not set a trial date for Holiday, 51, who is vice president of the Saginaw Housing Commission and former chairman of the Saginaw County Board of Commissioners. A conviction could lead to a sentence of up to 93 days in jail.

Defense attorney Thomas L. Frank said he needed more time to prepare for trial. District Judge Darnell Jackson granted him a delay.

Instead of Cheryl Holiday testifying, prosecutors will use statements she gave to police and the tape of an Aug. 23 phone call she made to Central Dispatch 911 as evidence against her husband.

Saginaw Police Officer Christine Chambers testified Thursday that she was near Saginaw High School when she received a dispatch about a man dousing his wife with gasoline at 3217 Carter.

Chambers said she arrived at the home within three minutes.

Al Holiday answered the door and then returned to the phone, she said. He indicated his wife was at another house across the street, and the officer proceeded there.

"(Cheryl Holiday) was crying," Chambers said. "She appeared upset. She then told me that her husband poured gasoline on her and tried to set her on fire."

The officer said she could smell gasoline in both houses.

The wife told investigators she was recovering from surgery and decided to lie on a couch and watch television. Her husband came in and began arguing about money, she said.

Al Holiday said he was going to hurt his wife, the officer testified that Cheryl Holiday told her. He left the room, then returned and poured what she believed was water on her, Chambers said. He had a lighter in his hand, she said.

Saginaw police arrested Holiday but released him while prosecutors reviewed evidence.

Police originally jailed Holiday on suspicion of assault with intent to commit murder, a felony that carries a maximum penalty of life in prison.

Frank had argued that prosecutors can't prove their case based on testimony from one witness. Authorities need to present other evidence such as clothing or bedding with gasoline on it, he said.

Fenner disagreed and said the victim's statement to police will suffice.

Holiday has had previous brushes with the law.

In January 1985, Holiday tangled with police over a confrontation with a 17-year-old male in a pool hall on East Holland. Holiday said he followed the teen there after the youth struck him in the face with a snowball earlier in the evening. Police made no arrests and prosecutors filed no charges.

Police also arrested Holiday on Sept. 1, 1990, after his wife filed a domestic violence complaint, but prosecutors did not charge him.

Dec. 21, 1990, Saginaw police arrested Holiday after receiving reports of a shooting in the vicinity of his now-former wife's home on Sheridan. A District Court jury found Holiday not guilty of malicious destruction of property but guilty of leaving the scene of an auto crash in which his 1988 Chevrolet van collided with another car in the driveway of his wife's home.

In 1996, he paid a $300 fine for disturbing the peace at the KFC restaurant at Hess and Dixie in Buena Vista Township. Witnesses said a dispute over parking between Holiday and another man led to the confrontation.

Holiday unsuccessfully challenged then-state Rep. Michael J. Hanley for the 95th House District in the 1996 Democratic primary.

In 1998, Holiday suffered a stroke in Washington, D.C., while attending the National Association of Counties' legislative conference. He was representing the Region VII Area Agency on Aging when he became ill.

Holiday was one of nine residents elected Nov. 2, 2004, to review the City Charter.













Holiday's wife granted court protection order
THE SAGINAW NEWS
March 19, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news2/1111231283108280.xml
The wife of former Saginaw County Board of Commissioners Chairman Al Holiday has filed court papers indicating her husband assaulted her in their home in August.

Cheryl Holiday, 40, now has court protection against Al Holiday, who also is vice president of the Saginaw Housing Commission and a member of the Saginaw City Charter Review Commission. She has moved from their home at 3217 Carter and to Saginaw Township.

Saginaw County Family Court Judge Patrick J. McGraw on Thursday granted Cheryl Holiday a personal protection order, commonly known as a PPO, against her husband.

Al Holiday's attorney Thomas L. Frank said he doesn't know anything about the protection order request and can't comment.

The Saginaw News could not reach Holiday for comment.

Al Holiday has a Thursday, April 7, trial on a charge of domestic violence stemming from an incident in which his wife initially told police he doused her with gasoline and tried to set her on fire.

During a pre-trial hearing in February, however, Cheryl Holiday said she would not testify against her husband. In her protection order request, she described the February incident.

"On Aug. 23, Al Holiday doused gasoline on me," Cheryl Holiday wrote. "I did not press charges against him because I was afraid to."

Cheryl Holiday said she is not from Michigan, nor does she have family or a support system in Saginaw.

"I had no where to go and did not have enough money to move out at that time," Cheryl Holiday wrote. "Since the incident, I have saved up the money needed to move out."

Al Holiday was on a business trip to Washington, D.C., from Sunday to Thursday, March 13-17, she wrote.

"While he was away, I moved out," Cheryl Holiday wrote. "I am afraid that he may harass or threaten me. Therefore, I am asking to be provided with a PPO."

Cheryl Holiday, a county employee, indicated she and her husband married five years ago and that she moved out of the house March 15.

McGraw granted her the protection order, in effect until March 17, 2006. A violation could result in 93 days in jail and $500 in fines.

Any time during the year, Al Holiday can petition the court to remove the order.

Assistant Prosecutor Steven J. Fenner, who is handling the domestic violence case, said he will look into the order. He declined further comment.

Cheryl Holiday told police that she was watching television when she felt liquid poured over her body. At first, she thought it was water, she said. Then came the stench of gasoline, she told officers.

She said her husband began chasing her throughout their Saginaw home with a lighter in his hand. She ran from the house and called 911.












Holiday facing jail term
The Saginaw News
Thursday, April 07, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news2/1112885446114540.xml
Former Saginaw County Board of Commissioners Chairman Al Holiday has pleaded no contest to a charge of assaulting his wife in their home.

Holiday, who also is vice president of the Saginaw Housing Commission and a member of the Saginaw City Charter Review Commission, entered his plea Wednesday on a charge of domestic violence stemming from an incident in which his wife, Cheryl Holiday, told police he doused her with gasoline and tried to set her on fire.

A no contest plea means that a defendant does not contest prosecutors' evidence and is willing to accept the punishment.

Saginaw County District Judge Darnell Jackson will sentence Holiday, 51, on Tuesday, May 10. Holiday, who was supposed to go to trial today on the domestic violence charge, faces 93 days in jail.

The Saginaw News could not reach Holiday for comment.

Last month, Family Court Judge Patrick J. McGraw granted Cheryl Holiday, 40, a personal protection order against her husband.

During a pre-trial hearing for her husband in February, Cheryl Holiday said she would not testify against him. In her protection order request, however, she described the August incident.

"On Aug. 23, Al Holiday doused gasoline on me," Cheryl Holiday wrote. "I did not press charges against him because I was afraid to."

She indicated she is not from Michigan and does not have family or a support system in Saginaw. She said she had nowhere to go and not did not have enough money to move out at that time.

Cheryl Holiday, a county employee, said she saved enough money to move out of their home at 3217 Carter, and did so while her husband was on a business trip to Washington, D.C., from March 13-17.

"I am afraid that he may harass or threaten me," Cheryl Holiday wrote.

She said she and her husband married five years ago.

McGraw granted her the protection order, which will remain in effect until March 17. A violation also could result in 93 days in jail and $500 in fines.

Court records also show that Cheryl Holiday has begun divorce proceedings against her husband.












Holiday given house arrest
The Saginaw News
May 11, 2005
http://www.mlive.com/news/sanews/index.ssf?/base/news-2/1115823048315620.xml
A Saginaw County judge will consider whether to allow Saginaw Housing Commission Vice President Al Holiday to attend meetings while he is on house arrest.

District Judge Darnell Jackson on Tuesday ordered Holiday to serve three months of house arrest for domestic violence against his wife, Cheryl Holiday, 40.

He warned the former Saginaw County Board of Commissioners chairman that if he violates any terms of his probation, he will spend 93 days in jail.

Authorities said Holiday doused his spouse with gasoline and tried to set her on fire Aug. 23 at their Carter Street home.

Holiday's punishment includes nine months of probation, orders to stay away from his estranged wife -- who has filed for divorce -- and to pay $609 in fees and fines.

Holiday, 51, pleaded no contest, meaning he does not contest prosecutors' evidence and is willing to accept the punishment. He did not speak during the hearing. The conviction also means that he cannot possess a gun.

Last month, Holiday resigned from the Saginaw City Charter Review Commission.

Assistant Prosecutor Steven J. Fenner told Jackson he wanted Holiday to serve jail time. "The facts indicate the act could have resulted in the death of Cheryl Holiday," he said.

Defense attorney Thomas L. Frank sought probation only for his client and no fees, fines or incarceration. Holiday lives on a fixed income of $2,400 a month and needs time to pay the fees and fines, he said.

Holiday also has an obligation to the community to attend Housing Commission meetings and an out-of-town conference later this month, Frank said.

Jackson said he would consider allowing Holiday to attend the meetings and conference.

During a February pre-trial hearing for Holiday, Cheryl Holiday said she would not testify against her husband.

A month later, Family Court Judge Patrick J. McGraw granted Cheryl Holiday a personal protection order against her husband. In her request, she described the August incident, saying he doused her with gasoline.

"I did not press charges against him because I was afraid to," she wrote.

The protection order will remain in effect until March 17. A violation also could result in 93 days in jail and $500 in fines.

Cheryl Holiday, a county employee, said she moved out of their home at 3217 Carter in March while her husband was on a business trip in Washington, D.C.

The Holidays have been married for five years.



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