Thursday, August 28, 2008

08282008 - Former Officer Phillip Bal - Charges dismissed [Aurora WI. April 2005 charges] - Iron Mountain PD




Also See:

1995 - Officer Phillip Bal - CSC allegation - Iron Mountain PD

04012004 - Officer Phillip Bal - Home invasion and CSC - Iron Mountain PD

04012005 - Officer Phillip Bal - CSC - Iron Mountain PD

04212006 - Officer Phillip Bal - CSC - Iron Mountain PD

04222006 - Officer Phillip Bal - Suspended - Iron Mountain PD

07112006 - Officer Phillip Bal - Terminated - Iron Mountain PD

07182007 - Former Officer Phillip Bal - Sentenced [April 01, 2004 CSC/Home Invasion Charges] - Iron Mountain PD

08152007 - Former Officer Phillip Bal - Appeal Filed - COA 280009 - Iron Mountain PD

09172007 - Former Officer Phillip Bal - Appeal Filed - COA 280601 - Iron Mountain PD

10182007 - Former Officer Phillip Bal - COA Appeal 280009 - Dismissed - Iron Mountain PD

11082007 - Former Officer Phillip Bal - LE license revoked - Iron Mountain PD

08282008 - Former Officer Phillip Bal - Charges dismissed [Aurora WI. April 2005 charges] - Iron Mountain PD

09232008 - Former Officer Phillip Bal - Appeal COA 280601 - OPINION - Conviction Affirmed - Iron Mountain PD

05242020 - Former Officer Phillip Bal - Released From Prison - Iron Mountain PD













Florence dismisses charges against Bal
August 28, 2008
By NIKKI YOUNK, Staff Writer
Iron Mountain Daily News
http://www.ironmountaindailynews.com/page/content.detail/id/502934/Florence-dismisses-charges-against-Bal.html

FLORENCE, Wis. - Criminal charges against former Iron Mountain police officer Phillip Bal have been temporarily dismissed while officials await an appeal pending in Michigan, said Florence District Attorney Douglas Drexler.

Bal, 35, was originally charged in Florence County with second degree sexual assault-use of force for an alleged April 2005 incident involving an Iron Mountain woman at the C and  R bar in Aurora, Wis.

He is currently serving an 11- to 20-year prison sentence after being convicted of first degree criminal sexual conduct and home invasion in Dickinson County Circuit Court in May 2007.

Drexler explained that Bal is appealing the conviction in Dickinson County and the decision will influence whether or not Drexler reinstates the charges in Florence County.

"If the appeal is granted, we will pursue charges in Wisconsin," Drexler stated. "If not, he's already spending time in prison and we don't want that additional cost to the taxpayers."

Since Bal's trial in Florence was scheduled for Sept. 4, Drexler said that he had to take some kind of action while waiting for the appeal decision. He chose to dismiss the charges without prejudice, meaning that the charges can be reinstated at a later date.

                       









Former cop up on another rape charge
Not guilty plea was made

WLUC -TV6, Negaunee
Posted: Friday, April 18, 2008 at 8:16 a.m.
http://www.wluctv6.com/news/news_story.aspx?id=123000

AURORA, WI -- The former Iron Mountain police officer convicted of rape and home invasion is heading to trial on another sexual assault charge.

Thirty-four-year-old Phillip Bal pled not guilty to sexually assaulting a woman at a bar in Aurora, Wisconsin back in 2005. Bal is expected to face a jury trial on September 4 in Florence County Court. He faces a maximum penalty of a $100,000 fine and no more than 40 years in prison on the second degree criminal sexual conduct charge.

Bal is currently serving 11 to 20 years in prison for his previous convictions.

                     










Bal trial set in Wisconsin
Iron Mountain Daily News
By LISA M. REED,Staff Writer
POSTED: April 16, 2008
http://www.ironmountaindailynews.com/page/content.detail/id/10437.html?showlayout=0

FLORENCE, Wis. — Former Iron Mountain police officer Phillip Bal will be tried on a criminal sexual contact charge-second degree in Florence County in September.

Bal, 34, is currently serving an 11- to 20-year prison sentence after being convicted of criminal sexual conduct-first degree and home invasion-first degree in Dickinson County Circuit Court in May 2007.

Bal’s Florence jury trial is set for Sept. 4, said Florence County District Attorney Doug Drexler.

The charge in Florence County is based on an alleged April 2005 incident involving an Iron Mountain woman at the C & R in Aurora, Wis.

The CSC-second degree charge carries a maximum sentence of 40 years in prison.

Iron Mountain attorney Julie LaCost is representing Bal.

                     








Police officer’s trial delayed
Marquette Mining Journal, MI
August 4, 2007
http://www.miningjournal.net/stories/articles.asp?articleID=18330

IRON MOUNTAIN — The start of a jury trial for a former Iron Mountain Police officer in Florence County has been delayed.

Phillip Bal, 34, was scheduled to appear in Florence County Circuit Court today on a charge of criminal sexual conduct-second degree.

The charge involves an alleged incident in April 2005 involving an Iron Mountain woman at the C & R Bar in Aurora, Wis.

The criminal sexual conduct-second degree charge carries a maximum of 40 years in prison.

Florence County Circuit Court Judge Robert Kennedy heard a motion from attorney Frank Stupak of Escanaba on Tuesday to withdraw as counsel for Bal.

Prior to his sentencing in Dickinson County Circuit Court on charges of criminal sexual conduct-first degree and home invasion-first degree, Bal dismissed Stupak as his legal counsel and retained the services of attorney Sanford Schulman of Detroit. Bal was sentenced to 11 to 20 years in prison.

Judge Kennedy delayed granting Stupak’s motion to withdraw until it can be established who will represent Bal in Wisconsin.

                       









Bal blames media, says victim is lying
The Daily News
By PETE FRECCHIO, Staff Writer
Thursday, July 19, 2007
http://www.ironmountaindailynews.com/stories/articles.asp?articleID=6994

IRON MOUNTAIN — In Dickinson County Circuit Court on Wednesday, convicted sex offender Phillip Bal told Judge Richard Celello he was sentencing "an innocent man.”

Celello, saying he had thought long and hard about his decision, sentenced Bal, 34, of Iron Mountain, to 11 to 20 years in prison.At a jury trial in May, Bal, a former Iron Mountain police officer, was found guilty of criminal sexual conduct-first degree and home invasion-first degree.

The charges were related to an assault on an Iron Mountain woman at her home in April 2004.Celello sentenced Bal to 11 to 20 years on each count. The two sentences will run concurrently. Bal was given credit for 55 days served and ordered to register as a sex offender.

"This is one of the most difficult cases I have ever presided over," Celello told Bal. "(The defense) questioned the decision making methods of the jury. I can’t second guess the jury. I am not punishing you because you are a former police officer," Celello told Bal.

Bal told the court that since he was off-duty when the incident occurred, he should not be held to a higher standard because he was a police officer.

"Bal being a police officer should definitely be considered in determining his sentence," said special prosecuting attorney Jennifer Mazzuchi of Marquette. "When a gang member is involved in a crime, people are not shocked. When a police officer is involved in a crime, people are shocked. It is an abuse of his power."

At his first sentencing hearing on June 27, Bal informed the court he wished to dismiss attorney Frank Stupak of Escanaba and retain the services of appellate attorney Sanford Schulman of Detroit. The change in legal counsel delayed Bal’s sentencing three weeks.

Emotions were running high as supporters of both Bal and the victim filled the benches in the third floor courtroom.

In response to a statement Bal made before the court saying the victim was lying, Judge Celello responded, "The victim is telling the truth. She was brutally assaulted by you. I can’t think of anything short of murder that is as bad as what happened here. Alcohol has caused you terrible problems in your life," Celello said.

Several motions brought forward by Schulman concerning a proposed polygraph test, the jury’s method of reaching a guilty verdict and sentencing guidelines in the pre-sentence report were denied by Judge Celello.

In his statement before the court, an emotional Bal said the justice system let him down.

"I stand before you an embarrassed and humiliated man," he said. "My sinful and immoral action is responsible for everything that has happened.

I apologize to my wife for breaking her trust and violating the sanctity of our marriage. Her love has kept me strong. I will spend the rest of my life making it up to her," Bal said.

"I apologize to my (four) kids, my parents, my family and my friends for what has happened the last 15 months and for letting them down," he continued. "I thank everyone for their letters of support. I thank the people of St. Mary and St. Joseph church for welcoming my family there and for the support they will give them when I am gone. I apologize to (the victim) and her family for what I have done. I pray life will return to normal for them."

Bal went on to list a number of injustices he felt had occurred.

"Several stories in the newspaper (about my case) slowly poisoned the selection of my jury and took away any chance I had for a fair trial," he said.

"My family was publicly humiliated. Because I was a police officer, my name and my family’s name was dragged through the mud. I lost my job. The prosecution never asked me for my side of the story," Bal said.

"The court allowed two women who had cases pending against me to testify against me," he said.

"Jurors later said they used that (information) to convict me. I was convicted based on what was said about two cases that never went to trial," he said."

I never asked for special treatment because I was a police officer. I feel I was prosecuted because I was a police officer. I ask the court for mercy and leniency. I have four kids that need a father. I have a wife who needs a husband. God has forgiven me. The victim is lying. You are sentencing an innocent man," Bal said.

Bal will be remanded to the custody to the Michigan Department of Corrections. He will be transported to the Southern Michigan Correctional Facility in Jackson where he will be a part of the general prison population.

Bal’s attorney, Sanford Schulman, said an appeal will be filed.

"(Bal) was convicted on the testimony of two women whose charges against (Bal) were never brought to trial. The jury was hit with three cases at once. The evidence in the (case of the victim) was weak," said Schulman.

A Wisconsin woman who says she was involved in an encounter with Bal in the mid-1990’s attended Wednesday’s sentencing. She approached The Daily News outside the courthouse to offer her thoughts on Bal.

"It’s been 12 years, but justice was finally served," she said. "Bal was lying in court today. I saw firsthand what he is capable of," the woman said. The unnamed woman says she hopes to see the other man that was involved in her encounter with Bal brought to justice. "Eventually, it all catches up with them," she said.

Bal could still face a criminal sexual conduct charge involving an Iron Mountain woman in May 2005 at the C&R Bar in Aurora, Wis.

Florence County District Attorney Douglas Drexler has indicated he will decide shortly how he will proceed.

Bal is facing one count of criminal sexual conduct—second degree, a charge that carries a maximum sentence of 40 years in prison.




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