Wednesday, July 15, 2009

Trooper David Morikawa - Iron River Post

MICHIGAN STATE TROOPER DAVID MORIKAWA:
CRIMINAL SEXUAL CONDUCT WITH HIS COUSIN [A MINOR]


Trooper David Morikawa

MICHIGAN OTIS [OFFENDER TRACKING INFORMATION SYSTEM]
BIOGRAPHICAL INFORMATION
DAVID PAUL MORIKAWA
MDOC Number: 812245
SID Number: 4121855H
Name: DAVID PAUL MORIKAWA
Racial Identification: White
Gender: Male
Hair: Brown
Eyes: Brown
Height: 5' 7"
Weight: 190 lbs.
Date of Birth: 12/31/1973 (38)
Image Date: 8/30/2011

MDOC STATUS
Current Status: Prisoner
Assigned Location: Lakeland Correctional Facility
Security Level: II
Earliest Release Date: 03/13/2013
Maximum Discharge Date: 07/13/2026

ALIASES: None

MARKS, SCARS & TATTOOS: Scar- Back Left Ankle - 6" long vertical scar


PRISON SENTENCES
ACTIVE
Sentence 1

Offense: Criminal Sexual Conduct, 2nd Deg (Person Under 13
MCL#: 750.520C1A
Court File#: 11009129-FH-S
County: Iron
Conviction Type: Jury
Minimum Sentence: 1 year 8 months 0 days
Date of Offense: 07/15/2009
Maximum Sentence: 15 years 0 months
Date of Sentence: 08/29/2011

Sentence 2
Offense:
Criminal Sexual Conduct, 2nd Deg (Person Under 13)
MCL#: 750.520C1A
Court File#: 11009129-FH-S
County: Iron
Conviction Type: Jury
Minimum Sentence: 1 year 8 months 0 days
Maximum Sentence: 15 years 0 months
Date of Offense: 07/15/2009
Date of Sentence: 08/29/2011











Morikawa sentenced for CSC
Posted by Nicole Walton
August 30th, 2011
http://www.wnmufm.org/2011/08/30/morikawa-sentenced-for-csc

CRYSTAL FALLS, MI– A former Michigan State Police trooper has been sentenced to prison on criminal sexual conduct charges.

David Morikawa, 37, of Crystal Falls was convicted of two counts of second-degree CSC in July in Iron County Circuit Court. He was accused of inappropriately touching his cousin when she stayed at his house two years ago.

Morikawa was sentenced Monday to 20 months in prison with credit for 46 days already served. He must also register as a sex offender.













Former state trooper sentenced to prison
by Aaron Martin
Posted: 08.30.2011 at 5:00 AM
Upper Michigan Source
http://www.uppermichiganssource.com/news/story.aspx?list=~%5Cnews%5Clists%5Crecent&id=657248


37-year-old David Morikawa was convicted on two counts of second degree criminal sexual conduct.






FORMER STATE TROOPER SENTENCED TO PRISON. UPPER MICHIGAN SOURCE.


IRON CO. CIRCUIT COURT -- A former Michigan State Trooper will spend time in prison.

Monday, 37-year-old David Morikawa was sentenced to 20 months in prison after being convicted on two felony counts of second degree criminal sexual conduct in July. The convictions stem from a July 2009 incident between Morikawa and a 12-year-old girl.

Defense Attorney Grant Carlson asked the judge to go on the lower end of the 12 to 24month recommendation, sighting Morikawa's lack of a criminal record.

"Mr. Morikawa respects the jury system, and he respects the jury’s determination,” said Carlson. “Does he agree with it? Frankly that's irrelevant. He has accepted the verdict."

The victim wrote a statement to the court in part saying she has a scar she can't get rid of.

The victim’s mother, a relative of Morikawa, also addressed the court about the pain her family has suffered since the incident.

"What you have done to my daughter and our family is something I can't get over,” said the victim's mother. “Our family will never be the same...every holiday, for Christmas, for birthdays."

Before issuing his 20 month prison sentence, Judge C. Joseph Schwedler explained how this is about more than just punishing Morikawa.

"I will, in this process, send a message to the community that we won't tolerate this in Iron County, Michigan," said Schwedler.

Morikawa chose not to address the court and was emotionless when his sentence was read. He will be required to register as sex offender and will be given credit for 46days already served in jail.













Former trooper sentenced
August 29, 2011
The Daily News
UPDATE
By NIKKI YOUNK
Staff Writer
http://www.ironmountaindailynews.com/page//content.detail/id/530240/Former-trooper-sentenced.html?nav=5002


CRYSTAL FALLS - Former state trooper David Morikawa was sentenced to at least 20 months behind bars for two felony counts of second degree criminal sexual conduct-person under age 13. Morikawa was sentenced in Iron County Court this morning.



FORMER TROOPER SENTENCED. IRON MOUNTAIN DAILY NEWS.

CRYSTAL FALLS - A former Michigan State Police trooper has been sentenced to serve a minimum of one year and eight months in prison for two felony counts of second degree criminal sexual conduct.

David Paul Morikawa, 37, of Crystal Falls was convicted of the charges following a four-day jury trial in July.

Jurors concluded that Morikawa was guilty of inappropriately touching his female cousin, who was 12 at the time, during the summer of 2009.

Morikawa and his attorney Grant Carlson appeared for a sentencing hearing Monday in Iron County Trial Court.

Carlson argued that his client has been punished already, by losing his job and his home, and will continue to be punished for the rest of his life, through Michigan's sex offender registry.

"There's enough pain in this case to go around," said Carlson.

Carlson added that Morikawa has no prior criminal record and has shown no pattern of committing sexual abuse.

Special Prosecutor Michael Stein pointed out that Morikawa lost his job and his home through his own choice of resigning from the Iron River Michigan State Police post, where he had worked for more than two years.

Stein also said that the court should consider the victim's pain, not Morikawa's.

"Some say the crime of rape is almost worse than murder, because the victims have to live with the horror for the rest of their lives," he said.

When invited to make a statement, the now 14-year-old victim turned over a written letter to Victim Rights Advocate Sue Bekkala to read aloud. The victim wrote about how the crime was like a "scar on her heart," how it made her less trusting and happy, and how it has torn her extended family apart.

Morikawa chose to not make a statement.

Judge C. Joseph Schwedler simply said that these types of crimes will not be tolerated in this community.

He ordered that Morikawa serve 20 months to 15 years in prison with credit for 46 days already served.












Morikawa found guilty of CSC
Posted by Nicole Walton
July 18th, 2011
WNMU Radio
http://www.wnmufm.org/2011/07/18/morikawa-found-guilty-of-csc

CRYSTAL FALLS, MI– A former Michigan State Police trooper from Crystal Falls has been convicted on two counts of 2nd degree criminal sexual conduct.

David Morikawa, 37, went on trial last week for inappropriately touching his 12-year-old cousin when she stayed at his house two years ago.

The jury reached its verdict Friday after one of the jurors was excused for possibly being unfit. Once the juror was replaced with an alternate the guilty verdict became unanimous.

Morikawa faces up to 30 years in prison. Sentencing is set for August 29 in Iron County Circuit Court.









Ex-trooper guilty
Faces maximum penalty of 30 years in sex assault case

July 16, 2011
By NIKKI YOUNK - Staff Writer
The Iron Mountain Daily News
http://www.ironmountaindailynews.com/page/content.detail/id/529394.html


David Morikawa, left, and his attorney Grant Carlson listen to the jury’s verdict in Morikawa’s criminal sexual conduct trial. The jury of four women and eight men found Morikawa guilty on two felony counts of second degree criminal sexual conduct-person under age 13. Nikki Younk/Daily News Photo


CRYSTAL FALLS - Following almost 11 hours of deliberation and a juror substitution, an Iron County jury convicted former state trooper David Morikawa of two felony counts of second degree criminal sexual conduct-person under age 13.

Morikawa, 37, of Crystal Falls will be sentenced at 10 a.m. on Aug. 29. He faces a maximum penalty of 30 years in prison.

After deliberating for about six hours on Thursday, the jury of three women and nine men was in a deadlock. Two jurors remained opposed to the majority decision.

The votes were the same on Friday morning and it appeared that the court would be forced to declare a hung jury.

However, at about 11 a.m. Friday, one of the male jurors was excused under suspicion of being unfit.

Judge Mary Barglind, who sat in for the out-of-town Judge C. Joseph Schwedler, explained that the jury had handed her a note indicating that the juror had been investigated in the past for an undisclosed matter that would have influenced his opinion in the Morikawa case.

It was thus deemed inappropriate for him to continue his jury service, she added.

The juror may be held in contempt of court for not disclosing the information during jury selection.

Judge Barglind, Special Prosecutor Michael Stein, and Morikawa's attorney Grant Carlson agreed that the excused juror should be replaced by the alternate juror.

The alternate juror had heard the entire trial, but did not participate in the jury deliberations on Thursday or Friday morning.

About three hours after the substitution, the jury, now consisting of four women and eight men, returned a unanimous guilty verdict on both counts.

Morikawa was remanded into the custody of the Iron County Sheriff's Department pending sentencing.

He was tried for inappropriately touching his 12-year-old cousin when she was sleeping in the guest room of his house in July 2009.











Morikawa found guilty of criminal sexual conduct
by Aaron Martin
Posted: 07.15.2011 at 3:35 PM
http://www.uppermichiganssource.com/news/story.aspx?id=640985


A jury in the trial against David Morikawa has returned with a verdict of guilty on two counts of second degree criminal sexual conduct


CRYSTAL FALLS -- Update 6:11 p.m. EST

Guilty. That is the verdict reached Friday afternoon in the trial of 37-year-old David Morikawa.

The former Michigan State Trooper was found guilty of two counts second degree criminal sexual conduct stemming from a July 2009 incident with a 12-year-old girl.

The jury deliberated for 11 hours over two days, but a verdict wasn't reached until one of the jurors was removed. Three times during the first seven hours of deliberation, the jury came back saying they were deadlocked and could not agree on a verdict. Each time the judge sent them back to the jury room to continue deliberation.

Around 10:30 a.m. CST, Judge Mary Barglind, filling in for Judge C. Joseph Schwedler, who was called away on other matters, removed one of the jurors from the case and replaced him with the alternate juror. It was later revealed the removed juror had been investigated previously in a separate incident which the judge determined could influence his opinion.

Three hours later, the jury unanimously came back with a guilty verdict.

The removed juror will have a show cause hearing next week to determine if he was in contempt of court by not revealing the information.

After the verdict was read, Morikawa's bond was revoked and he was taken into custody.

His sentencing is scheduled for August 29.













No verdict reached in Morikawa CSC trial
by Aaron Martin
Posted: 07.14.2011 at 12:20 PM
Updated: 07.15.2011 at 2:25 PM
http://www.uppermichiganssource.com/news/story.aspx?id=640479



The jury will continue deliberations Friday morning. The judge in the trial of former Michigan State Trooper David Morikawa has been called away on another matter. A new judge, Mary Barglind, has taken over the trial. She instructed the jurors to begin deliberations from the start, because there is a new juror joining them after the dismissal of a jury member early Friday


Update 12:21 p.m. EST

The jury handed out a note, asking the judge to remove one of the jurors.

The removed juror had been investigated in the past for a crime that could influence his opinion.

If the attorneys knew the information during jury selection, this juror would have been excused.

A show cause hearing will be held next week to determine if this juror was in contempt of court.

An alternate juror has joined the jury, and they continued deliberation.

------------

Update 11:08 a.m. EST

The jury returned to the courtroom on Friday, around 11 a.m. EST, to report that they were still deadlocked after 45 minutes of deliberation.

The judge sent the jury away to deliberate further.

------------

Update 9:31 p.m. EST
After six hours of deliberation, no verdict was reached Thursday in the criminal sexual conduct trial of former state trooper David Morikawa.

Morikawa is charged with two counts of second degree CSC stemming from an alleged incident with a 12-year-old girl in July 2009.

During closing arguments Thursday morning, the prosecution and defense made their final pitches to the jury.

Special prosecutor Michael Stein went first explaining the jury should focus on the consistency of the victim's testimony with several other witnesses.

"We don't need to show DNA, GPS, satellite photos, anything like that,” said Stein. “If you believe that little girl, it ends. If you believe her beyond a reasonable doubt, it ends right there with her."

The prosecution also attempted to discredit Morikawa's wife, Jenna, and several other defense witnesses who took the stand.

Defense attorney Grant Carlson questioned the reliability of the victim telling the jury that the story she told never happened. Carlson also said that the victim's family didn't report the alleged incident sooner because they didn't believe her.

"Folks, I agree with Mr. Stein, [the family] isn’t on trial. Mr. Morikawa is and the prosecutor wants you to believe that because a story is told it must be true,” said Carlson. “Her grandfather didn't believe her, her sister didn't believe her, her brother didn't believe her."

After six hours of deliberation, the jury was deadlocked telling Judge C. Joseph Schwedler they could not reach a verdict.

He ordered the jury return Friday morning and continue deliberation.

------------

Update 2:32 p.m. EST

After three hours of deliberation, the jury is currently deadlocked.

The judge sent them back to deliberate further.

TV6's Aaron Martin will continue supplying updates on the criminal sexual conduct trial of David Morikawa.

------------

It's now up to the jury in the David Morikawa trial.

Closing arguments were delivered Thursday morning in the criminal sexual conduct trial in Iron County Circuit Court.

In their remarks, the prosecution questioned the creditability of the defense witnesses, especially Morikawa's wife Jenna.

The defense says the family of the victim did not tell police immediately about the incident, because they didn't believe her.

In the prosecution's rebuttal they pointed out that Sergeant Christine Grabowski testified that she said Morikawa was not trustworthy.

The jury got the case around 10:15 a.m. Central Time.

TV6's Aaron Martin is at the courthouse covering the trial.













Tonight on TV6 News Friday
by Brian Cabell
Posted: 07.15.2011 at 11:44 AM
http://www.uppermichiganssource.com/news/story.aspx?id=640895

The jury is deliberating in the David Morikawa trial, apparently deadlocked. Aaron Martin will have latest on the Early News.

Who sets speed limits? How are they determined? Can they be changed? That's our Facebook story that you requested. That story will be on the Early.

What's next in the debt ceiling debate? Congressman Benishek and an NMU economist will weigh in on that. Nikki Davidson reports on the Early News.

Public transportation is being squeezed by budgetary constraints. What lies ahead here in the U.P.? That Up Close story on TV6 News Tonight.

On the Late News, we'll bring you to "UP Hog Wild."

And of course, if you're wondering about the weather this weekend, Karl will have the latest forecasts on all of the newscasts.















Testimony continues in state trooper CSC trial
July 14, 2011
By NIKKI YOUNK - Staff Writer , The Daily News
http://www.ironmountaindailynews.com/page/content.detail/id/529355/Testimony-continues-in-state-trooper-CSC-trial.html?nav=5002

CRYSTAL FALLS - Conflicting testimony was given during the second day of a trial for a former state trooper accused of criminal sexual conduct.

David Morikawa, 37, of Crystal Falls is charged with two felony counts of second degree criminal sexual conduct-person under age 13.

On Wednesday, the victim and Morikawa's wife Jenna each took the witness stand, but they told different stories about the night in question, July 15, 2009.

The victim testified that Morikawa was home that evening and pulled out a bed for her to sleep on in his guest bedroom.

She said that she went to sleep at about midnight. Some time later, she claimed that Morikawa came into the room and touched her breast and backside. He also allegedly tried to make her touch his penis, she added.

The victim said that she knew the incident was not a nightmare because her face was wet with tears.

Jenna Morikawa testified that the incident could not have occurred because her husband was working a 5 p.m. to 3 a.m. shift that night.

She added that she was a light sleeper as a result of being a new mother. Aside from her son crying in the early morning and her dogs barking when her husband returned home after 3 a.m., she said she heard no disturbances.

In addition, Jenna said that the victim appeared to be fine the next day. The victim even called her to discuss another visit, she added.

Two relatives of the victim also testified that the victim had once told them that she had never been sexually abused.

Expert witness Thomas Cattrell, a licensed social worker who specializes in counseling child sexual abuse victims, explained that some of the inconsistencies in the victim's story could be due to trauma.

He said that sexual abuse victims often only remember the most important matter, such as the abuse itself, and forget the other details.

Also, child victims often wait to talk about the abuse until they are sure they can trust the listener. Families of victims may exhibit the same behavior and not want to inform authorities right away, Cattrell added.

Cattrell testified that it is rare for children to lie about sexual abuse, since children usually only lie when they will receive a benefit from the lie.

"There's very little benefit with sexual abuse," he said.

The prosecution also called Sgt. Christine Grabowski of the Iron River state police post to the stand to verify that Morikawa indeed worked on July 15.

Sgt. Grabowski, with the aid of radio logs and daily time sheets entered as evidence, pointed out several inconsistencies. Although the radio log recorded Morikawa as being on certain calls at certain times on that night, he did not record all of the calls on his personal time sheet.

"Troopers are expected to be truthful in reporting," she said.

According to Special Prosecutor Michael Stein, there were several periods of time when Morikawa could have gone home to commit the alleged abuse.

Morikawa's attorney Grant Carlson argued that the inconsistencies were not necessarily his client's fault. He explained that 911 dispatchers record the radio log and could have made mistakes that night.

"There is no indication in these logs that he was not where he was supposed to be," said Carlson.

Closing arguments are scheduled to start at 9 a.m. Thursday in Iron County Trial Court. Then, the jury will begin deliberations.














Michigan State Trooper Trial Update
Wed 7/13/11 5:51PM
TV 5 and 10
http://www.tv5and10.com/news.php?id=2359

BOTH THE PROSECUTION AND DEFENSE HAVE RESTED IN THE IRON COUNTY CASE OF A UPPER MICHIGAN STATE TROOPER CHARGED WITH CRIMINAL SEXUAL CONDUCT.

37 YEAR OLD DAVID MORIKAWA OF CRYSTAL FALLS IS ON TRIAL ON TWO FELONY COUNTS OF SECOND DEGREE C–S–C INVOLVING A PERSON UNDER THE AGE OF THIRTEEN.

HE'S A FORMER STATE TROOPER FROM THE IRON RIVER POST.

THE VICTIM TESTIFIED IN PRE–TRIAL PROCEEDINGS THAT SHE WAS 12 YEARS OLD WHEN THE ALLEGED SEXUAL CONTACT OCCURRED, IN THE SUMMER OF 2009.

THE VICTIM SAID SHE WAS AFRAID TO TELL ANYONE SINCE MORIKAWA WAS A POLICE OFFICER.

CLOSING ARGUMENTS ARE SET FOR THE TRIAL IN IRON COUNTY TOMORROW.















Prosecution, defense rest in CSC case
by Aaron Martin
Posted: 07.13.2011 at 11:42 AM
Updated: 07.14.2011 at 5:05 AM
http://www.uppermichiganssource.com/news/story.aspx?id=639991


The victim testified in Iron County Circuit Court Wednesday morning, saying the defendant, 37-year-old David Morikawa, touched her breasts and her butt.


IRON COUNTY -- Update 7:13 p.m. EST

The trial of a former state police trooper charged with criminal sexual conduct is coming to a close.

David Morikawa, 37, of Crystal Falls is charged with two counts of second degree CSC.

Both the prosecution and defense rested their cases but not before the jury heard some interesting testimony.

Wednesday, the victim took the stand, testifying that Morikawa touched her breasts and butt and attempted to make her touch him one night in July 2009.

She is Morikawa’s cousin and was 12 years old at the time of the alleged incident.

That testimony was contradicted when the defense called Morikawa's wife, Jenna, to the stand.

"At any point did David come home that night?" asked defense attorney Grant Carlson.

"No," responded Jenna.

"Are you sure?" Carlson asked.

"Absolutely," she said.

Jenna testified her husband was at work when the alleged incident took place and wouldn't have been able to commit the crime.

The defense also called the victim's aunt, Loni Sichi, who testified that the victim told her after the alleged incident that she was never touched inappropriately by anyone. She said they spoke generally and not specifically about Morikawa.

But the prosecution had their own side of the story for the jury.

Michigan State Police Sergeant Christine Grabowski pointed out inconsistencies in Morikawa's police activity log the night of the incident and questioned his character.

"Can you come to a conclusion or opinion as to his credibility and veracity of any truthfulness? Do you have an opinion?" asked special prosecutor Michael Stein.

"Yes I do,” said Grabowski. "He is not credible."

The prosecution also called Thomas Cottrell, an expert on child sexual abuse counseling, to shed some light on why some members of the victim's family didn't immediately call the police.

"Most families are reluctant to deal with this in any forthright way,” said Cottrell. “They're very reluctant to go to the authorities. They're reluctant to take it outside that nuclear family."

Closing arguments will begin Thursday morning with jury deliberation expected shortly after.

------------

Update 3:17 p.m. EST

The defense and prosecution rested their cases Wednesday afternoon.

Closing arguments will take place Thursday morning in Iron County Circuit Court, followed by judge instructions and jury deliberation.

On Wednesday, the defense called former Michigan State Trooper David Morikawa's wife, Jenna, to the stand. She said her husband was at work between 5 p.m. and 3 a.m., which is when the alleged incident took place.

The defense also called the victim's aunt, Loni Sichi, who had stated that the victim had told her sometime after the alleged incident that she had never been inappropriately touched by anyone. This is speaking generally, not about the case.

Morikawa chose not to testify in the case.

After the defense rested, Michigan State Police Sergeant Christine Grabowski was called to the stand. She pointed out inconsistencies in Morikawa's daily log and radio log on the night of the alleged incident. She also testified that in her experience of working with Morikawa, he was not a credible person.

------------

The prosecution has rested its case in the trial of the former Michigan State Trooper charged with two counts of second degree criminal sexual conduct.

The victim testified in Iron County Circuit Court Wednesday morning, saying the defendant, 37-year-old David Morikawa, touched her breasts and her butt. During cross examination, the defense tried to point out the inconsistencies in her testimony, compared to previous statements and interviews.

Also testifying for the prosecution, an expert witness who is a child sexual abuse counselor. The counselor spoke about how victims can recall events of a situation.

The defense will begin their case after the recess.

The trial is scheduled for three days, but may go to four.















State Trooper on trial for alleged criminal sexual conduct
by Aaron Martin
Posted: 07.13.2011 at 4:50 AM
http://www.uppermichiganssource.com/news/story.aspx?id=639733


David Morikawa, 37, is charged with two counts of second degree criminal sexual conduct.


CRYSTAL FALLS -- Update 7:30 p.m. EST
Day one of the trial of a Michigan State Police Trooper charged with criminal sexual conduct is underway.

Thirty-seven-year-old David Morikawa is charged with two counts of second degree criminal sexual conduct. The incident allegedly took place in the summer of 2009 between Morikawa and his 12-year-old female cousin.

During opening arguments Tuesday afternoon, both the prosecution and defense said they are relying on testimony to prove their sides of the story. The prosecution was up first, calling five witnesses to the stand including four family members of the victim.

One of those to testify was the victim's grandfather, Leonard Davis, who emotionally described when his granddaughter told him what happened.

“She told me David touched her butt and her boobs,” said Davis.

“Did she tell you where it happened?” asked Prosecutor Michael Stein.

“At his house,” Davis responded.

“While she's telling you this, how is she acting?” Stein asked.

“Very upset, crying,” Davis said.

Several witnesses testified that the victim told them about the incident, but they didn't call the police. The victim's mother did call the police after learning about the incident several months later.

The victim is expected to take the stand to testify Wednesday followed by witnesses from the defense.
------------------------
The trial of a Michigan State Trooper charged with criminal sexual conduct is underway.

David Morikawa, 37, is charged with two counts of second degree CSC. Morikawa allegedly inappropriately touched his female cousin in the summer of 2009. The victim was 12 years old at the time of the incident.

During opening arguments, Defense Attorney Grant Carlson said the allegations against Morikawa are false and made up.

Five witnesses were called by the prosecution Tuesday afternoon, including the victim's sister, Jordane Malnar, who emotionally testified what her sister said about the incident.

"She had told me that when she was at David's house in Crystal Falls and that he had tried to touch her," said Malnar.

The victim's mother, brother, and grandfather also testified that she told them of the incident.

The victim is expected to take the stand Wednesday morning.

The defense is also expected to call witnesses sometime Wednesday.















Trooper trial begins
State police officer accused of criminal sexual conduct

July 13, 2011
By NIKKI YOUNK - Staff Writer ,
Iron Mountain Daily News
http://www.ironmountaindailynews.com/page/content.detail/id/529349.html



Nikki Younk/Daily News Photo
From left, Special Prosecutor Michael Stein and Iron County Trial Court Judge C. Joseph Schwedler listen to testimony from the brother of the 12-year-old victim in the criminal sexual conduct case against David Morikawa. Witnesses for the prosecution will continue giving testimony today, and the trial is expected to conclude on Thursday.


CRYSTAL FALLS - A three-day jury trial for a former state police trooper accused of criminal sexual conduct began Tuesday with jury selection, opening statements, and witness testimony.

David Morikawa, 37, of Crystal Falls is facing two felony counts of second degree criminal sexual conduct-person under age 13.

During his opening statement, special prosecutor Michael Stein told the jury of nine men and four women the victim's side of the story.

According to Stein, Morikawa inappropriately touched the victim, his 12-year-old cousin, when she was sleeping in the guest room of his house in July 2009.

Stein added that the victim told her step-grandfather, who was her guardian at the time, her older sister, and her older brother about the incident. However, none of them contacted the police at the request of the victim. She was afraid that the allegations could hurt Morikawa's wife and young son, said Stein.

Stein further informed the jury that the victim did not come forward sooner because she was traumatized. An expert witness in child victims of sexual assault would testify to that fact, he added.

Morikawa's attorney Grant Carlson told the jury that "sometimes a story is just a story" and that the victim does not have a clear memory of the incident.

Although the expert witness might be able to explain that behavior, said Carlson, he could not explain why the victim's family failed to report the incident to police.

In addition, Carlson said that the time and dates surrounding the alleged incident do not fit. For example, on the night of the alleged incident, Morikawa was working a 5 p.m. to 3 a.m. shift and would not have been home when the victim said he was home, Carlson added.

Stein had time Tuesday afternoon to call five witnesses: the victim's step-grandfather, the victim's sister, the victim's brother, the victim's mother, and the victim's friend.

The step-grandfather, sister, and brother all testified that the victim told them separately of the alleged abuse, but they told no one else.

When asked why they kept silent, they each said that they had promised the victim they would not tell anyone and they did not want to break a promise.

The victim's mother testified that her daughter told her about the alleged abuse in October 2010. She then called 911 and an investigation into the matter was initiated.

The victim's friend testified that she had stayed at the Morikawa residence with the victim for two days before the alleged abuse occurred.

She said that they had wanted to visit Morikawa, his wife, and their newborn baby.

Nothing inappropriate happened on the two days she was there, she added.

Witnesses for the prosecution will continue to testify Wednesday. The trial is scheduled to wrap up on Thursday.














Jury trial set for state trooper
June 21, 2011
By NIKKI YOUNK - Staff Writer , The Daily News
http://www.ironmountaindailynews.com/page/content.detail/id/528917.html

CRYSTAL FALLS - A jury trial is still on for a Michigan State Police trooper accused of criminal sexual conduct.

David Morikawa, 37, of Crystal Falls will go to trial from July 12 through 14 on two felony counts of second degree criminal sexual conduct involving a person under the age of 13.

During a supplemental pre-trial in Iron County Trial Court on Monday, Judge C.

Joseph Schwedler set a motion deadline for the day before the trial. Morikawa's attorney Grant Carlson said that he did not have any motions to file as of Monday, and Special Prosecutor Michael J. Stein said that he did not anticipate filing any motions.

According to the criminal complaint in the case, Morikawa allegedly had sexual conduct with a 12-year-old female during the summer of 2009. He was not on duty as a trooper when the alleged contact occurred.

Carlson said Monday that his client continues to maintain his innocence in the matter.













Trial date set for state trooper CSC case
Posted: 03.21.2011 at 10:21 PM
Updated: 03.22.2011 at 4:25 AM
http://www.uppermichiganssource.com/news/story.aspx?id=595600


David Morikawa will go on trial July 26. He's charged with second degree criminal sexual conduct with a girl under the age of 13


CRYSTAL FALLS -- A trial date has been set for a Michigan State Police trooper facing criminal sexual conduct charges.

The three-day trial for 36-year-old David Morikawa of Crystal Falls is set for July 26.

Morikawa is charged with two counts of second degree criminal sexual conduct with a girl under the age of 13.

The victim testified in January that the alleged incident happened in the summer of 2009.

If convicted, Morikawa faces up to 15 years in prison on each of the charges.

Morikawa has been placed on leave until the case is settled.














Trooper pleads not guilty to CSC
January 19, 2011
By NIKKI YOUNK, Staff Writer
http://www.ironmountaindailynews.com/page/content.detail/id/525811.html


Trooper David Morikawa

CRYSTAL FALLS - A Michigan State Police trooper from the Iron River post has pleaded not guilty to two felony counts of second degree criminal sexual conduct involving a person under the age of thirteen.

David Morikawa, 37, of Crystal Falls and his attorney Grant Carlson entered the pleas following a preliminary examination Tuesday in Iron County Trial Court.

During a preliminary examination, a judge determines whether there is probable cause that the defendant committed the crimes as charged. If the judge finds probable cause, he binds the defendant over to circuit court for arraignment. The defendant can then enter a plea.

Probable cause does not indicate guilt.

The victim in the case, a 14-year-old female, was the only person to take the stand Tuesday.

She testified that she was 12 years old when the alleged sexual contact occurred, sometime in the summer of 2009.

The victim said that she had been visiting Morikawa and his family for a few days.

She testified that on the last night, Morikawa entered the guest bedroom where she was sleeping. He allegedly touched her and attempted to make her touch him.

The victim told the court that she did not immediately tell anyone about the incident because she was afraid.

"I didn't know what would happen because of his being a police officer," she said.
Morikawa was not on duty when the alleged offense occurred.

Based on the victim's testimony, Judge C. Joseph Schwedler decided to bind over Morikawa on both criminal sexual conduct charges. Morikawa then entered his not guilty pleas.

A pre-trial conference has been scheduled for 9 a.m. on March 21.

Following a request by Carlson, Judge Schwedler ordered that no one take photographs of Morikawa in the court room.
















State Trooper charged with criminal sexual conduct
Posted: 01.18.2011 at 10:02 PM
http://www.uppermichiganssource.com/news/story.aspx?id=569238



The alleged victim was under the age of 13. The judge ruled there is enough evidence for the case to proceed.

IRON COUNTY -- A Michigan State Trooper facing criminal sexual conduct charges has been bound over to Circuit Court.

David Morikawa, 36, of Crystal Falls is facing  with a girl under the age of 13.

Following testimony by the alleged victim, Judge C. Joseph Schwedler determined there was probable cause for the case to proceed.

Morikawa pled not guilty to the two charges during his arraignment. If convicted, he faces up to 15 years in prison on each charge.

His pretrial is scheduled for March 21.

Morikawa has been placed on leave.






Tonight on TV6 Tuesday
Posted: 01.18.2011 at 1:58 PM
Upper Michigan Source
http://www.uppermichiganssource.com/news/story.aspx?id=568987

...The case against David Morikawa, 36, of Crystal Falls is in the Iron County Trial Court today. Morikawa is charged with two counts Criminal Sexual Conduct, second degree. He's also a Michigan State Police Trooper. The outcome of Morikawa's preliminary exam on your TV6 News Tonight....











Trooper faces two felony charges

December 3, 2010
By NIKKI YOUNK, Staff Writer
Iron Mountain Daily News
http://www.ironmountaindailynews.com/page/content.detail/id/525024/Trooper-faces-two-felony-charges.html

CRYSTAL FALLS - A trooper from the Iron River Michigan State Police post has been charged with two felony counts of criminal sexual conduct.

David Morikawa, 36, of Crystal Falls was arraigned Thursday morning in Iron County Trial Court.

He faces two counts of second degree criminal sexual conduct involving a person under the age of 13.

If convicted, Morikawa could spend up to 15 years in prison for each count.

According to the criminal complaint in the case, Morikawa allegedly had sexual contact with a female under the age of 13 in July 2009.

Due to a conflict of interest for Iron County Prosecutor Melissa Powell Weston, the case will be prosecuted by Special Assistant Attorney General Michael Stein of Traverse City, Mich.

A representative from the Michigan Attorney General's office said that Stein specializes in domestic violence and sexual assault cases under a federal grant.

Morikawa is scheduled to appear in Iron County Trial Court again at 9 a.m. on Jan. 4 for a preliminary examination.

Sgt. Christine Grabowski of the Iron River post said that Morikawa has been working at the post for more than two years. He has been a member of the Michigan State Police since 1995, she added.






Michigan Officer Involved Domestic Violence

1 comment:

Anonymous said...

He was released from prison earlier this year and has moved to south dakota. He is registered in that state as a sex offender