Tuesday, September 7, 2010

09062010 - Deputy Steven Fresorger - Saginaw County SD

DEPUTY STEVEN FRESORGER, SD: Misuse of LEIN system, September 06 - 07, 2010.







On September 6th and September 7th, Deputy Fresorger searched four different times for Wakeman's name on the Sheriff Department LEIN system. At the time, Wakeman was dating Fresorger's ex-girlfriend.

In June 2011, criminal charges were filed against Deputy Fresorger for his missue of the LEIN system. Fresorger faces five counts of unlawfully using the LEIN system; felony charge for using a computer to commit a crime; and five misdemeanor charges for forgery of a motor vehicle certificate. To date, those criminal charges are still pending.

In March 2012, Fresorger's attorney asked the court to drop the felony criminal charges against the Deputy.



















Elizabeth Canfield, a state police analyst of LEIN, testified that Deputy Fresorger searched for Wakeman's name four times on Sept. 6 and Sept. 7 2010, on the county's LEIN system.











Fresorger’s ex-girlfriend, Tracy Moore, testified that she dated Wakeman in 2010.






Also See:
Deputy Fresorger: Sentenced for misuse of LEIN [February 14, 2013]
http://michiganoidv.blogspot.com/2013/02/deputy-steven-fresorger-sentenced.html

Deputy Fresorger: Sentence 1 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-fresorger-sentence-1.html

Deputy Fresorger: Sentence 2 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-fresorger-sentence-2.html

Deputy Fresorger: Sentence 3 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-steven-fresorger-sentence-3.html

Deputy Fresorger: Sentence 4 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-steven-fresorger-sentence-4.html

Deputy Fresorger: Sentence 5 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-steven-fresorger-sentence-5.html

Deputy Fresorger: Plea agreement for misuse of LEIN [January 08, 2013]
http://michiganoidv.blogspot.com/2009/05/deputy-steven-fresorger-all-lein-charges.html

Deputy Fresorger: Charged with misuse of LEIN [June 22, 2011]
http://michiganoidv.blogspot.com/2011/06/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Domestic violence complaints [May 07, 2011]
http://michiganoidv.blogspot.com/2011/05/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Unauthorized LEIN searches [September 6 - 7, 2010]
http://michiganoidv.blogspot.com/2010/09/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Unauthorized LEIN searches [July 17, 2010]
http://michiganoidv.blogspot.com/2010/07/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Unauthorized LEIN searches [May - June 2010]
http://michiganoidv.blogspot.com/2009/05/deputy-steven-fresorger-saginaw-county.html











Attorney for suspended Saginaw sheriff's deputy asks judge to dismiss felony LEIN use charges
Published: Tuesday, March 27, 2012, 7:19 AM
By Andy Hoag
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2012/03/attorney_for_suspended_saginaw.html

SAGINAW, MI — The attorney for a former Saginaw County sheriff's deputy Monday asked a judge to dismiss charges that he improperly used a statewide computerized information system for personal use.

Steven T. Fresorger, 41, appeared along with his attorney, James F. Piazza, before Saginaw County Circuit Judge James T. Borchard, who heard arguments on Piazza's motion to “quash,” or dismiss, the six felonies that Fresorger faces.

The Saginaw Township resident is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Piazza argued that testimony from Fresorger's preliminary hearing in August did not indicate that he accessed information about his ex-girlfriend's new boyfriends — as well as two individuals with similar names as the new boyfriends — for personal use and did not indicate what, if anything, Fresorger did with the information.

Borchard, who said he was only “halfway” through the transcripts from the two-part hearing and would make a decision once he finishes reading them, indicated that his impression was that Fresorger was accessing the information to find out more about the men with whom his ex-girlfriend was bringing their child into contact. Piazza argued that there also was no indication of that from the testimony.

Piazza added that while Fresorger's ex-girlfriend, Tracy Moore, testified that Fresorger told her of her new boyfriends' past drug use, that type of information, including criminal history, is not accessible through in-car LEIN consoles, which Fresorger used.

County Assistant Prosecutor Jon Sahli countered that testimony showed that some in-car LEIN consoles can access criminal history, while others cannot.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.







Trial ordered for sheriff's deputy charged with improper LEIN use
Published: Monday, November 07, 2011, 9:24 AM
By Andy Hoag
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/11/trial_ordered_for_sheriffs_dep.html

SAGINAW — A suspended Saginaw County sheriff’s deputy accused of improperly using a statewide computerized information system for personal use will stand trial on six felonies and five misdemeanors.

Saginaw County District Judge Terry L. Clark on Wednesday concluded the second part of the preliminary hearing for Steven T. Fresorger, 41, by ruling that prosecutors had shown probable cause to take him to trial in Circuit Court.

Fresorger, who lives in Saginaw Township, is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Fresorger is accused of using LEIN to access information about his ex-girlfriend’s new boyfriends as well as two individuals with similar names as the new boyfriends.

Fresorger remained free today on a $1,000 or 10 percent bond.







Witness: Saginaw County sheriff's deputy ran names of ex-girlfriend's new boyfriends through LEIN system; discipline hearing coming soon
Published: Monday, August 22, 2011, 4:39 PM
Updated: Monday, August 22, 2011, 8:42 PM
MLive
http://www.mlive.com/news/saginaw/index.ssf/2011/08/witness_saginaw_county_sheriff.html

SAGINAW — A Saginaw County sheriff’s deputy ran the names of his child’s mother’s new boyfriends through a statewide computerized information system, a witness testified today.

A decision on whether Steven T. Fresorger will stand trial on six felonies and seven misdemeanors for, prosecutors say, improperly running the names will have to wait until a later date, though.

Saginaw County District Judge Terry L. Clark this afternoon heard testimony from six witnesses in the preliminary hearing for Fresorger, 41, of Saginaw Township. Because Fresorger’s attorney, James F. Piazza, had another scheduled hearing, Clark postponed the remainder of the hearing until a later date.

The hearing is intended for a judge to determine whether probable cause exists for trial in Circuit Court.

Fresorger is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Elizabeth Canfield, a state police analyst of LEIN, testified that Fresorger — or, at least, someone using Fresorger’s user identification and password — used LEIN terminals to run information checks, but not criminal history checks, on John A. Warner, John P. Warner, Michael Stoll, Michael M. “Marty” Stoll, and Brandon Wakeman.

Fresorger’s ex-girlfriend, Tracy Moore, testified that she dated John A. Warner in 2009 and “Marty” Stoll and Wakeman in 2010. Moore said that Fresorger told her that each of the three men had drug charges.

Canfield testified that Fresorger searched for a “John Warner” once between May and July 2009 and followed that by searching more specifically for John A. Warner and John P. Warner. John P. Warner testified that he has never been to Saginaw County and didn’t know Fresorger, while John A. Warner now lives in San Francisco, Moore said.

Fresorger on July 17, 2010, searched 11 times for “Marty” Stoll and once for Michael Stoll, Canfield said. On Sept. 6 and Sept. 7, he searched for Wakeman’s name four times, Canfield said.

“Marty” Stoll testified he knew of Fresorger “through mutual friends” but never had contact with him a sheriff’s deputy. Stoll testified that he possessed marijuana with Moore at one time, but Clark did not allow him to answer further questions from Piazza to avoid incriminating himself.

Somebody from either the Saginaw Police Department or Michigan State Police searched for Wakeman on Sept. 4, Canfield said. Wakeman, who said he never met or had contact with Fresorger, said he was arrested for drunken driving by a state police trooper that day.

Piazza said one of Fresorger’s defenses will be that as a deputy, he could check on Stoll’s and Wakeman’s backgrounds. A defense regarding Warner was not mentioned today, but Piazza likely will address it at the continuation of the hearing.

Canfield testified that the searches Fresorger conducted were only for driver’s license information, such as date of birth and an individual’s driver’s operator code — information protected through the state LEIN statute.

Days after Fresorger filed an “emergency petition” for sole custody of their 5-year-old son, based on accusations that Moore sexually assaulted the child, Moore sent a letter to county Sheriff William L. Federspiel, claiming that Fresorger was stalking her.

Fresorger was charged in late June. Joan Hogenson, who provides custody and parenting recommendations for the Saginaw County Friend of the Court, testified she interviewed Fresorger and Moore. When she asked Fresorger if he used LEIN to research Warner, he said, “I’ll check on people my son is around,” Hogenson said.

Hogenson acknowledged, however, that Fresorger did not actually admit to using LEIN to “check on” those people.

Federspiel on June 24 suspended Fresorger without pay in connection with the charges.

That suspension was pending the completion of an internal investigation, Federspiel said. He gave Fresorger notice of possible discipline earlier this month, he said, to which Fresorger had 14 days to respond.

Those 14 days expired “late last week,” Federspiel said, and Fresorger did not respond. The sheriff now must conduct a “Loudermill hearing” to “determine what I’m going to do with any type of discipline,” he said.

Federspiel said he will conduct the hearing “in the next 10 days” and will “make a decision based on the outcome of the internal investigation.” Discipline could include termination, he said.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond












Hearing delayed for Saginaw County sheriff's deputy accused of improper use of statewide data
Published: Tuesday, July 05, 2011, 3:44 PM
Updated: Wednesday, July 06, 2011, 8:47 AM
By Andy Hoag
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/07/hearing_delayed_for_saginaw_co.html

SAGINAW — A Saginaw County sheriff’s deputy accused of using a statewide computerized information system for personal use will have to wait longer to see if he’ll stand trial on six felonies and seven misdemeanors.

Saginaw County District Judge Terry L. Clark this afternoon postponed the preliminary hearing for Steven T. Fresorger, 41, of Saginaw Township.

Fresorger is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

The deputy, whom county Sheriff William L. Federspiel suspended without pay June 24 in connection with the charges, appeared today before Clark for a conference to prepare for a preliminary hearing, intended for the judge to hear evidence and decide whether probable cause exists for trial.

The hearing was scheduled for Wednesday, but Fresorger’s attorney, James F. Piazza, will be in Saginaw County Circuit Judge Fred L. Borchard’s courtroom for the continuation of the trial against brothers Ronald and Steven Owens.

Piazza said Fresorger would waive his right to have the hearing within 14 days of his arraignment. The attorney also said he still is receiving discovery materials.

Fresorger’s arrest warrant states the crimes he’s charged with committing occurred between June 29, 2009, and Sept. 7, 2010.

Federspiel said investigators believe five individuals had their information compromised by Fresorger. The sheriff has not revealed a motive.

Federspiel said the investigation began after a citizen filed a complaint against the deputy April 6. The citizen was not one of the five people whose information was compromised, according to the sheriff.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.















Sheriff's deputy charged for misusing department's computers
by Dan Armstrong
Posted: 06.24.2011 at 5:30 PM
http://www.minbcnews.com/news/story.aspx?id=633667



Today the Saginaw County sheriff puts one of his own on unpaid leave while that deputy is investigated internally and criminally.

Deputy Steve Fresorger has been charged with six felonies and five misdemeanors.

The investigation started months ago.

He's accused of unlawfully using the LEIN system, a database of public criminal records run by law enforcement.

The prosecutor says the deputy used it for personal use and not official business.

"We must maintain a high level of professionalism when using LEIN and if it's alleged that someone has abused or utilized it for personal use it is our duty, my duty as sheriff especially, to look into that matter," says Saginaw County Sheriff William Federspiel.

Some county commissioners have criticized the sheriff's handling of the case because the deputy has been paid from May 10th until June 24.

The sheriff says that's because he has to follow proper procedure and collective bargaining agreements







UPDATE: Saginaw County deputy suspended without pay, faces up to seven years in prison if convicted of using computers to commit crime
Published: Friday, June 24, 2011, 4:25 PM
Updated: Friday, June 24, 2011, 4:36 PM
By Tom Gilchrist
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/06/update_saginaw_county_deputy_f.html





SAGINAW — Saginaw County Sheriff William Federspiel today suspended Deputy Steven T. Fresorger without pay after the deputy was charged with six felonies and five misdemeanors on Wednesday.

"This is a sad day for Saginaw County, but we're doing what is right," said Federspiel, announcing the change in the status of Fresorger, 41, who was suspended May 10 but had been receiving pay since then.

"It's a form of discipline when you suspend a person without pay, and in order to impose discipline, I like to follow everything to the letter in the collective bargaining agreement (with unionized officers)," Federspiel said.

Fresorger is accused of five counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN system.

He also faces five counts of unauthorized disclosure of information from the LEIN system, and one count of using computers to commit a crime.

Prosecutors allege the acts occurred between June 29, 2009, and Sept. 7 of last year.

The LEIN system is a statewide computerized information system established to serve Michigan’s criminal justice agencies. It is designed to provide a computerized filing system of accurate and timely documented criminal justice information. The system contains information such as addresses and dates of birth of motorists, owners of vehicles and driving records.

"We are looking at five individuals we believe had their information compromised" by Fresorger, the sheriff said. Federspiel didn't reveal Fresorger's motive in allegedly using the information, but said he would disclose that eventually.

Federspiel said the investigation of Fresorger began after a citizen filed a complaint against the deputy on April 6. The citizen was not one of the five people who had their information compromised, according to the sheriff.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

In arraigning Fresorger on Wednesday, Saginaw County District Judge M.T. Thompson entered a not guilty plea on his behalf and held him on a $1,000 or 10 percent bond. Fresorger posted the bond Wednesday.

Fresorger’s July 6 preliminary hearing is scheduled before District Judge Terry L. Clark.

Sheriff's Department Lt. Robert B. Phelps said that before the sheriff could suspend Fresorger without pay, Federspiel was required to follow protocol related to the collective bargaining agreement and fair labor standards.








Saginaw County Commissioners







County Commissioners: Deputy should be suspended without pay
Posted: Jun 24, 2011 8:47 AM CDT
Updated: Jul 22, 2011 9:00 AM CDT
By Tom Plahutnik, Web Editor/Producer
WNEM News
http://www.wnem.com/story/14970163/commissioners-call-for-sheriffs-deputy-to-be-suspended-without-pay

County Commissioners Tim Kelly and Kirk Kilpatrick said in a news release Friday that they disagree with the Saginaw County Sheriff's Department's decision to pay Steven T. Fresorger while he is suspended from his job.

County prosecutors have charged Fresorger with six felonies and five misdemeanors for allegedly forging motor vehicle certificates and using government property to commit those crimes.

"I don't care what collective bargaining agreement or union contract this guy is working under, taxpayers should not have to pay for this guy to sit at home while he builds a defense for defrauding us all," Kelly said. "We have thousands of law abiding people out of work, trying to scrape a life together and somehow they see fit to continue to pay this guy?"

The commissioners said it appears there was a lengthy and ongoing investigation leading up to Mr. Fresorger being charged with six felonies and five misdemeanors.

"Law enforcement personnel are paid quite well for their service, partially to avoid this kind of behavior," said Kilpatrick. "I do not believe we should be paying criminals to protect us from criminals"

Kelly and Kilpatrick said they understand that an investigation is pending, but believe that Fresorger, while presumed innocent, should nevertheless be suspended without pay.

According to Sheriff William Federspiel, Fresorger has been on paid administrative leave since early May while the Sheriff Department's Internal Affairs unit investigated. He will have a hearing Friday and his employment status may change at that hearing.

Fresorger is due back in court on July 6.







Saginaw County Sheriff's deputy charged and arraigned
Posted: Jun 23, 2011 1:16 PM CDT
Updated: Jul 21, 2011 1:49 PM CDT
By Doug Moiles, Assignment Manager
http://www.wnem.com/story/14964825/saginaw-county-deputy-charged-and-arraigned?clienttype=printable

A Saginaw County Sheriff's deputy has been charged with six felonies and five misdemeanors following an internal investigation by the department.

Deputy Steve Fresorger was charged with five counts of unlawfully using the LEIN system, a database of public and criminal records run by law enforcement in a Saginaw courtroom Wednesday. The other felony charge was for using a computer to commit the alleged crime. The five misdemeanor charges are for "forgery of a motor vehicle certificate."

The police database crime charge means the deputy may have accessed the system for a use other than law enforcement purposes. The system may only be used for official business and for nothing of a personal nature.

According to Sheriff William Federspiel, Fresorger has been on paid administrative leave since early May while the Sheriff Department's Internal Affairs unit investigated. He will have a hearing tomorrow and his employment status may change at that hearing.

Fresorger is due back in court on July 6.
















Sheriff's deputy could face 11 criminal charges
Friday, June 24, 2011
ABC News
http://abclocal.go.com/ktrk/story?section=news/local&id=8213379

SAGINAW COUNTY -- (06/24/11) -- A Saginaw County sheriff's deputy could be fired now that he is facing 11 criminal charges.

He's accused of using a state-wide Law Enforcement Information Network for personal purposes, but he might also be charged in another case.

Steve Fresorger was formally charged on Wednesday, but the Saginaw County prosecutor is reviewing another criminal complaint involving the deputy.

In 2008, Fresorger was featured in an ABC12 story for helping save the life of a man who collapsed in a meeting. But now, the 41-year-old deputy is free on bond after being charged with six felonies and five misdemeanors.

"It's very difficult. It's never easy for anyone, but especially for one of your own. It's a sad day for Saginaw County," said Saginaw County Sheriff Bill Federspiel.

All of the criminal charges pertain to Fresorger's alleged personal use of the state's Law Enforcement Information Network, or LEIN, a system used by law enforcement agencies across the state.

"Run secretary of state information, license plates, we can find out owner information on vehicles. It must be utilized for professional purposes only, it cannot be utilized for personal purposes at all," Federspiel said.

While the sheriff won't disclose what Fresorger was allegedly looking for in the LEIN system, Fresorger is also under investigation for a domestic situation involving an ex-girlfriend at a Saginaw Township little league field on May 7.

"She alleges that there was a confrontation on the field between him and her and he grabbed her right arm and pulled her off the field," said Saginaw Township Police Chief Don Pussehl.

That incident was investigated by the Saginaw Township Police Department.

"This is a separate incident that was reported to us. It was investigated and this case has been turned over to the prosecutor for review," Pussehl said.

Federspiel says Fresorger will be put on unpaid administrative leave today, and a decision on whether he will be fired will be made next week following an internal affairs investigation.


















Saginaw County deputy charged with six felonies, accused of forging motor vehicle certificates
Published: Thursday, June 23, 2011, 4:08 PM
Updated: Friday, June 24, 2011, 8:26 AM
By Tom Gilchrist
The Saginaw News
http://www.mlive.com/news/saginaw/index.ssf/2011/06/saginaw_county_deputy_charged.html

SAGINAW — Prosecutors have charged a Saginaw County Sheriff’s Department deputy with six felonies and five misdemeanors in connection with allegations he forged motor vehicle certificates and committed unauthorized use of a statewide computerized information system.

Steven T. Fresorger, 41, of Saginaw Township was arraigned on the charges Wednesday in front of Saginaw County District Judge M.T. Thompson.

Fresorger faces five felony counts of forging motor vehicle certificates and one felony count of using a computer to commit those crimes.

He also faces five misdemeanor counts of unauthorized use of the Law Enforcement Information Network, a statewide computerized information system established to serve Michigan’s criminal justice agencies.

Fresorger is suspended with pay, said department Lt. Robert B. Phelps. The department's Internal Affairs officers investigated Fresorger and the probe continues, according to Phelps.

Thompson set bond at $1,000. Fresorger posted bond and remains free awaiting a July 6 hearing on the evidence before Saginaw County District Judge Terry L. Clark.

The Law Enforcement Information Network, known as LEIN, is designed to provide a computerized filing system of accurate and timely documented criminal justice information.

The system also contains driver information.



Michigan Officer Involved Domestic Violence

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