Saturday, July 31, 2010

Officer Thomas Cupples - Ferndale PD [retired]





 



Former Ferndale police officer gets 71 months behind bars for sex assault
Published: Thursday, May 26, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/05/26/news/doc4dde6c0466fb0427471281.txt








An assistant prosecutor called Thomas Cupples “a man of great evil” before the former Ferndale police officer convicted of molesting a girl was sentenced Thursday to a minimum of 71 months in prison.

Cupples of Oxford did not make a statement when given an opportunity to speak in the tense and crowded courtroom. Through his attorney, he has denied any wrongdoing.

Cupples was accused of sexually assaulting the girl on different occasions, starting when she was 11 years old through the age of 13. Charged with two counts of first-degree criminal sexual conduct, he was convicted earlier this month of two counts of the lesser offense of second-degree criminal sexual conduct.

In Oakland Circuit Chief Judge Nanci Grant’s courtroom, Assistant Prosecutor Jason Pernick had harsh words for Cupples, noting his background in law enforcement.

“The defendant has committed the gravest of crimes, legally and morally,” Pernick said. “Behind that mask of normalcy lies a monster.”

Pernick asked the judge to depart upward from Cupples’ minimum sentencing guidelines, which ranged from 36 to 71 months behind bars.

He cited several reasons, including that the guidelines do not take into account the impact Cupples’ actions have had on the girl’s family.

Defense attorney Elias Muawad said there were no substantial or compelling reasons to depart from the guidelines. He asked the judge to take into consideration the positive aspects of Cupples’ life.

During the trial, Muawad argued that there were numerous inconsistencies in the girl’s testimony and the testimony of other prosecution witnesses.

He said that the two cookies for pornographic websites found on Cupples’ computer came from an infected disc that Cupples had downloaded after he was asked to investigate potential pornography viewing by a municipal employee.

Prosecutors said the girl’s testimony was supported by other evidence, including DNA evidence that was found linking Cupples with the scene of the alleged assaults.

The victim’s mother told the judge during the sentencing hearing that Cupples’ actions will impact her daughter for the rest of her life.

“He assaulted her mind, body, soul, without remorse,” she said.

Grant told the girl that she found her to be eloquent and intelligent.

“You are not a victim in any sense of the word,” the judge said. “You have survived something, and that just makes you a stronger person.”

Grant sentenced Cupples to 71 months to 15 years behind bars. She also ordered him to have no contact with the victim and wear a tether for the rest of his life once he’s released from prison.

The courtroom was packed with supporters of the girl and supporters of Cupples, who sat on opposite sides.

People could be seen shooting dirty looks and heard quietly making negative comments. One of Cupples’ supporters called someone white trash at the conclusion of the hearing, and deputies kept both sides separated in the hallway afterward.

Muawad said in the hallway that he would have preferred to see Cupples get a sentence that started at the low end of his sentencing guidelines, but was happy that the judge did not depart upward from them.

He said Cupples maintains his innocence and plans to appeal on evidentiary issues.

“He denies any liability in this incident,” Muawad said.

According to reports, Cupples spent years at the Ferndale Police Department before leaving in 2005. He was hired in 2007 by Orion Township to serve as a code enforcement officer.

A township official said he was terminated in September after failing to attend work or contact the township about his employment.

               









Former officer convicted of second-degree criminal sexual conduct
Published: Monday, May 09, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/05/09/news/doc4dc82028a5698268292886.txt


Thomas Couples, former Ferndale Police Officer and Orion Code Inforcement Officer, on trial for molesting a girl. His trial is in Judge Nanci Grant's courtroom.

Supporters of Thomas Cupples broke into tears Monday when the former police officer accused of molesting a girl was found guilty of second-degree criminal sexual conduct, a felony that carries a maximum penalty of 15 years in prison.

While some people welcomed the verdict, Cupples’ defense attorney said there were multiple inconsistencies in the girl’s testimony and no evidence that his client had done anything improper.

“We were pretty disappointed with the verdict because of all of the inconsistencies and lies that we believe that the victim told,” attorney Elias Muawad said. “The verdict should have been not guilty on all counts.”

Cupples, of Oxford, was accused of sexually assaulting the girl on different occasions when she was 11 through 13 years old. He was charged with two counts of first-degree criminal sexual conduct, and the jury decided to convict him of two counts of the lesser offense of second-degree criminal sexual conduct.

Oakland Circuit Judge Shalina Kumar, who took the verdict in the absence of presiding judge Nanci Grant, revoked Cupples’ bond. During the hearing, Cupples was seen turning around from his seat at the defense table and mouthing words to his family members. Later, he said, “I love you, too,” as he was being led out of the courtroom by deputies.

In her closing argument Friday, Oakland County Assistant Prosecutor Tricia Dare told jurors that the testimony of the girl, who is now 14, was supported by other evidence.

Dare said DNA evidence was found linking Cupples with the scene of the alleged assaults and that a computer taken from his home had images of the girl and evidence showing that two sexual assault websites had been accessed.

Muawad questioned the credibility of the girl and other witnesses. He said the images on the computer showed nothing inappropriate. He also said that the two cookies for pornographic websites found on Cupples’ computer came from an infected disc that Cupples had downloaded after he was asked to investigate potential pornography viewing by a municipal employee.

In her closing argument Friday, Oakland County Assistant Prosecutor Tricia Dare told jurors that the testimony of the girl, who is now 14, was supported by other evidence.

Dare said DNA evidence was found linking Cupples with the scene of the alleged assaults and that a computer taken from his home had images of the girl and evidence showing that two sexual assault websites had been accessed.

Muawad questioned the credibility of the girl and other witnesses. He said the images on the computer showed nothing inappropriate. He also said that the two cookies for pornographic websites found on Cupples’ computer came from an infected disc that Cupples had downloaded after he was asked to investigate potential pornography viewing by a municipal employee.

“Tom never downloaded anything improper,” Muawad told jurors at the beginning of the trial.

Will Amstutz, who is engaged to Cupples’ sister and watched the trial, said it was noteworthy to him that the girl said nothing bad had happened to her before the date in August 2010 that the allegations were disclosed.

“I know he’s innocent,” Amstutz, a resident of Beulah, said.

The courtroom was often tense during the trial, with supporters of Cupples and people who believed he was guilty filling benches on opposite sides of the courtroom.

“At least he’ll go away for a while. It makes me happy,” said one man after the jury’s verdict was announced.

Mark Shelton, an uncle of the victim, said he had been looking for a conviction of the more serious charge of first-degree criminal sexual conduct but was still pleased with the outcome. First-degree criminal sexual conduct differs from second-degree criminal sexual conduct in that first-degree involves penetration and could bring up to life in prison.

“We believe that he did the crime, that he sexually abused this girl,” Shelton, of Clarkston, said.

According to reports, Cupples left the Ferndale Police Department in 2005 and was hired in 2007 by Orion Township to serve as a code enforcement officer. A township official said he was terminated in September after failing to attend work or contact the township about his employment; Cupples’ supporters said he was in jail for more than a month at that time.












No verdict yet in trial of former officer accused of molestation
Published: Friday, May 06, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/05/06/news/cops_and_courts/doc4dc49ebda30b2028742582.txt



Jurors weighing the fate of a former police officer accused of molesting a girl will return to court Monday after an afternoon of deliberations yielded no verdict.

Thomas Cupples, of Oxford, is charged with two counts of first-degree criminal sexual conduct, with second-degree criminal sexual conduct as a lesser offense to each count. It is alleged that he had inappropriate contact with the girl, who is now 14, on different occasions when she was 11 through 13 years old.

In her closing argument Friday, Oakland County Assistant Prosecutor Tricia Dare said jurors have more than enough to convict Cupples. She said the accuser is being truthful and her testimony is supported by other evidence.

Dare said DNA evidence was found linking Cupples with the scene of the alleged assaults and that a computer taken from his home had images of the girl and evidence showing that two sexual assault websites had been accessed.

She said that computer was missing for months before it was turned over to investigators, and that “there’s a high probability that the computer was cleaned up.”

“You can’t ignore the evidence in this case,” Dare said.

Defense attorney Elias Muawad said Cupples’ accuser’s statements had “major inconsistencies, which equate into lies.”

He said the images found on the computer show nothing inappropriate, and that the computer was never “cleaned.”

Muawad said two cookies for pornographic websites found on Cupples’ computer came from an infected disc that Cupples had downloaded after he was asked to investigate potential pornography viewing by a municipal employee.

Oakland Circuit Chief Judge Nanci Grant is presiding over the trial

According to reports, Cupples retired from the Ferndale Police Department in 2005 and was hired in 2007 by Orion Township to serve as a code enforcement officer. A township official said he was terminated in September after failing to attend work or contact the township about his employment.


                   








Attorneys present closing arguments in trial of former officer accused of molesting girl
Published: Friday, May 06, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/05/06/news/cops_and_courts/doc4dc4146a67236028400616.txt



An assistant prosecutor told jurors this morning that there’s more than enough evidence to convict a former police officer of molesting a child.

The defense attorney for Thomas Cupples said the alleged victim is lying.

Cupples, of Oxford, is charged with two counts of first-degree criminal sexual conduct, with second-degree criminal sexual conduct as a lesser offense to each count.

It is alleged that Cupples touched the girl inappropriately on different occasions when she was 11 through 13 years old. The girl is now 14.

In her closing argument this morning, Oakland County Assistant Prosecutor Tricia Dare said there is a lot of evidence to support the girl’s testimony. She said DNA evidence was found linking Cupples with the scene of the alleged assaults and that a computer taken from his home had images of the girl and evidence showing that two sexual assault websites had been accessed.

Defense attorney Elias Muawad said Cupples’ accuser’s statements had “major inconsistencies, which equate into lies.”

Oakland Circuit Chief Judge Nanci Grant is presiding over the trial.

According to reports, Cupples retired from the Ferndale Police Department in 2005 and was hired in 2007 by Orion Township to serve as a code enforcement officer. A township official said he was terminated in September after failing to attend work or contact the township about his employment.

                 








Former police officer denies he sexually assaulted girl
Published: Thursday, May 05, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/05/05/news/local_news/doc4dc33fa3a85ca374485943.txt




A former police officer accused of sexually assaulting a girl took the witness stand in his own defense Thursday and denied wrongdoing.

“I was completely devastated,” Thomas Cupples said, describing how he felt when the allegations surfaced.

Cupples, of Oxford, is charged with two counts of first-degree criminal sexual conduct, with second-degree criminal sexual conduct as a lesser offense to each count.

In her opening statement earlier this week, Oakland County Assistant Prosecutor Tricia Dare told jurors that the girl said Cupples touched her inappropriately on different occasions when she was 11 through 13 years old. The girl, who is now 14, disclosed the alleged abuse in August 2010.

Dare said DNA evidence was found linking Cupples with the scene of the alleged assaults and that a computer taken from his home had images of the girl and evidence showing that two sexual assault websites had been accessed.

Defense attorney Elias Muawad said in his opening statement that Cupples’ accuser is lying and that investigators, not his client, were responsible for the various materials found on a computer. Muawad also said the girl won’t be able to identify Cupples as the perpetrator.

“You’ve got a lot of credibility problems with the story itself,” he said.

Muawad said Cupples worked as a mechanic before becoming a Ferndale police officer in 1978.

According to reports, Cupples retired from the department in 2005 and was hired in 2007 by Orion Township to serve as a code enforcement officer. A township official said he was terminated in September after failing to attend work or contact the township about his employment.

Muawad told the jury that Cupples received a number of accolades while working as a Ferndale police officer and had been involved in investigating cases of criminal sexual conduct.

Talking about a computer taken from Cupples’ home, Muawad accused the Oakland County Sheriff’s Office of “fraudulent conduct.” He alleged that the two websites referenced by Dare, as well as various images, were downloaded by investigators. He said the images show nothing illegitimate.

“Tom never downloaded anything improper,” he said.

Oakland Circuit Chief Judge Nanci Grant is presiding over the trial.











Trial opens for former officer accused of molesting girl
Published: Monday, May 02, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/05/02/news/cops_and_courts/doc4dbf628e8d71a883834719.txt

The defense attorney for a former police officer accused of sexually assaulting a girl said the accuser is lying and that investigators, not his client, were responsible for the various materials found on a computer.

“Tom never downloaded anything improper,” said attorney Elias Muawad, who is representing Thomas Cupples.

Cupples, of Oxford, is on trial charged with two counts of first-degree criminal sexual conduct, with second-degree criminal sexual conduct as a lesser offense to each count.

In her opening statement Monday afternoon, Oakland County Assistant Prosecutor Tricia Dare told jurors that the girl said Cupples touched her inappropriately on different occasions when she was 11 through 13 years old. The girl, who is now 14, disclosed the alleged abuse in August 2010.

Dare said DNA evidence was found linking Cupples with the scene of the alleged assaults and that a computer taken from his home had images of the girl and evidence showing that two sexual assault websites had been accessed.

Muawad said the girl is not telling the truth and won’t be able to identify Cupples as the perpetrator.

“You’ve got a lot of credibility problems with the story itself,” he said.

Muawad said Cupples worked as a mechanic before becoming a Ferndale police officer in 1978.

According to reports, Cupples retired from the department in 2005 and was hired in 2007 by Orion Township to serve as a code enforcement officer. A township official said he was terminated in September after failing to attend work or contact the township about his employment.

Muawad told the jury that Cupples received a number of accolades while working as a Ferndale police officer and had been involved in investigating cases of criminal sexual conduct.

Talking about a computer taken from Cupples’ home, Muawad accused the Oakland County Sheriff’s Office of “fraudulent conduct.” He alleged that the two websites referenced by Dare, as well as various images, were downloaded by investigators. He said the images show nothing illegitimate.

Muawad said he plans to call his own computer expert to testify, as well a number of witnesses who can vouch for Cupples’ character.

Cupples himself is also expected to take the witness stand in the trial before Oakland Circuit Chief Judge Nanci Grant.


                










 Jury picked in trial of Orion code enforcement officer
Published: Monday, May 02, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/05/02/news/local_news/doc4dbeeea524dad156752356.txt

A jury was picked this morning in the trial of Thomas Cupples of Oxford.

The former Orion Township code enforcement officer who previously for the Ferndale Police Department isvcharged with two counts of first-degree criminal sexual conduct, with second-degree criminal sexual conduct as a lesser offense to each count. The alleged victim was younger than 13.

Attorneys are expected to present opening statements shortly.

Oakland Circuit Judge Nanci Grant is presiding over the Cupples case.

                   









Trial for former Orion code enforcement officer accused of sexual assault moved to April
Published: Thursday, March 03, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/03/03/news/cops_and_courts/doc4d6fcecf021d7266489877.txt

The trial of a former Orion Township code enforcement officer accused of sexually assaulting a girl has been pushed back to next month as investigators go through a computer’s voluminous hard drive.

Thomas Cupples of Oxford is charged with two counts of first-degree criminal sexual conduct, with second-degree criminal sexual conduct as a lesser offense to each count. The alleged victim was younger than 13.

A pre-trial hearing in the case was held Thursday in the chambers of Oakland Circuit Chief Judge Nanci Grant.

Defense attorney Elias Muawad said the trial was adjourned until April 18 because Oakland County Sheriff’s Office investigators are examining a large computer hard drive taken from Cupples’ home.

Muawad said the computer was used by Cupples’ entire family.

He also said that his own computer expert had examined it and didn’t find anything that would be significant in the case.

According to reports, Cupples retired from the Ferndale Police Department in 2005.

He was hired in 2007 by Orion Township to serve as a code enforcement officer. Orion Township Supervisor Matt Gibb said Cupples was terminated Sept. 3 after failing to attend work or contact the township about his employment.













Judge denies motion to suppress evidence in criminal sexual conduct case
Published: Thursday, February 03, 2011
By ANN ZANIEWSKI
The Oakland Press
http://www.theoaklandpress.com/articles/2011/02/03/news/cops_and_courts/doc4d4b5de1dd044835790679.txt

A judge has denied a motion to suppress evidence taken from a home as part of an investigation into an Orion Township code enforcement officer accused of sexually assaulting a girl who was younger than 13.

Thomas Cupples of Oxford is charged with two counts of first-degree criminal sexual conduct, with second-degree criminal sexual conduct as a lesser offense to each count.

Oakland Circuit Chief Judge Nanci Grant said in an opinion issued this week that Cupples’ wife did not abandon her authority over the marital property when she vacated the home and was legally entitled to consent to the police’s search of the premises. Police took carpeting and bedding as evidence.

“I don’t think there’s any question in the defense’s mind that the wife had no intent to move back into that property or live there,” said defense attorney Elias Muawad, who asked that the evidence be suppressed. “One of the elements to give consent is joint occupancy.”

Muawad also filed a motion to quash the charges. He said that he does not believe that the prosecution was able to establish that penetration occurred. Grant disagreed, saying that the evidence provided to date is sufficient to enable Cupples to meet the charge.

“We disagree with the opinion and we’re looking at our appellate rights,” Muawad said.

According to reports, Cupples retired from the Ferndale Police Department in 2005. He was then hired in 2007 by Orion Township to serve as a code enforcement officer.

Cupples is now on leave from that job, Muawad said.

A trial has been scheduled for Feb. 22.













Former police officer ordered to stand trial on sexual assault charges
Published: Monday, August 30, 2010
By SHAUN BYRON
The Oakland Press
http://www.theoaklandpress.com/articles/2010/08/30/news/cops_and_courts/doc4c7bd582dcd36014203019.txt



A former Ferndale officer will stand trial on allegations of sexually assaulting a minor, a judge has ruled. Thomas Patrick Cupples of Oxford will be arraigned at 8:30 a.m. Sept. 7 in Oakland County Circuit Court before Judge Leo Bowman.

Cupples is being held on a $1 million bond for four criminal sexual conduct charges.

He is charged with first-degree criminal sexual conduct; first-degree criminal sexual conduct involving someone younger than 13; second-degree criminal sexual conduct; and second-degree criminal sexual conduct involving someone younger than 13. Cupples had retired from the Ferndale Police Department in 2005. He was hired in 2007 by Orion Township to serve as a code enforcement officer. He was arrested earlier in month and arraigned Aug. 13 in 52-3 District Court, Rochester Hills. A preliminary examination was Aug. 27 before Judge Lisa Asadoorian. The examination resulted in Asadoorian’s decision that the testimony and evidence supported the allegations and he was bound over for trial, according to court officials.













Accused Orion Township official’s job status uncertain
Published: Monday, August 16, 2010
By SHAUN BYRON
The Oakland Press
http://www.theoaklandpress.com/articles/2010/08/16/news/local_news/doc4c69ebd1b7898082171300.txt



No decision has been made as to whether an Orion Township code enforcement officer will keep his job after being arrested on accusations of molesting a girl.

Thomas Patrick Cupples of Oxford was arraigned Friday on charges of first-degree criminal sexual conduct, first-degree criminal sexual conduct involving someone younger than 13, second-degree criminal sexual conduct, and second-degree criminal sexual conduct involving someone younger than 13.

Cupples, a retired police officer, was hired in 2007 to serve as a full-time code enforcement officer for the township.

Orion Township Supervisor Matthew Gibb said it is too early to make any determination on Cupples’ employment status.

Gibb said Cupples has a reputation of being a dedicated and well-prepared township employee.

“We will take it very seriously to protect the public trust we have,” he said. “I can’t speak as to what the decision process will be. We were as caught off guard as everyone else.”

Prior to working for the township, Cupples was a police officer in Ferndale from 1978 to 2005, when he retired.

He is being held in the Oakland County Jail on a $1 million bond and his next court date is 8:30 a.m. Aug. 26 in 52-3 District Court in Rochester Hills.













Orion Township employee, former Ferndale cop held on $1 million bond, charged with molestation
Published: Friday, August 13, 2010
By SHAUN BYRON
The Oakland Press
http://www.theoaklandpress.com/articles/2010/08/13/news/local_news/doc4c65aebd2a382914214613.txt


An Orion Township code enforcement officer and former Ferndale policeman is being held on a $1 million bond on four criminal sexual conduct allegations involving a child younger than 13.

Thomas Patrick Cupples of Oxford was arraigned on video Friday in 52-3 District Court in Rochester on charges of having sexual contact with a minor.

Cupples is being charged with first-degree criminal sexual conduct; first-degree criminal sexual conduct involving someone younger than 13; second-degree criminal sexual conduct; and second-degree criminal sexual conduct involving someone younger than 13.

In 2007, Cupples was hired by the township to serve as a full-time code enforcer, being paid $16.07 an hour, according to minutes from a township board meeting.

Cupples also says on his LinkedIn web profile that he worked as a law enforcement command officer in the Metro Detroit area and spent 28 years in law enforcement.

Ferndale Police Lt. Gary Whiting said Cupples started with the department in 1978, was promoted to sergeant in 1996 and retired in 2005.

“Our concern, of course, is with the family of the victim and his family as well,” Whiting said.

Cupples also listed that he has an associate’s degree in criminal justice from Oakland Community College and certifications from Michigan State University, Oakland Community College and Eastern Michigan University.

Friday, July 23, 2010

Vincent Smothers - Sentenced - Rose Cobb murder

ALSO SEE:

DECEMBER 26, 2007: OFFICER DAVID COBB, [DETROIT POLICE DEPARTMENT] HIRED A HIT MAN TO MURDER HIS WIFE, ROSE COBB:

http://michiganoidv.blogspot.com/2007/12/unsolved-murder-of-ross-cobb-wife-of.html


ROSE COBB MURDER CASE:
http://michiganoidv.blogspot.com/2007/12/rose-cobb-murder-case.html































Detroit Police Officer David Cobb, hired hitman Vincent Smothers to kill his wife Rose.






Vincent Smothers: Hitman that Officer Cobb hired to kill his wife, Rose.






Rose Cobb [wife of Detroit Police Officer David Cobb].






On December 26, 2007, Rose Cobb was killed by hitman Vincent Smothers.






Officer Cobb was arrested in connection to Rose's murder [April 2008]. However, there was not sufficient evidence to charge Cobb, and he was released. Cobb committed suicide in September 2008, after Smothers began exposing the truth behind Rose's murder.






Hitman Vincent Smothers confessed to murdering Rose Cobb and seven others. He pled guilty to eight counts of second degree murder and was sentenced to 50 - 100 years in prison.






The price of Rose's life: $50....Officer Cobb had only paid Smothers $50 of the $1500 for the hit.


ALSO SEE:

DECEMBER 26, 2007: OFFICER DAVID COBB, [DETROIT POLICE DEPARTMENT] HIRED A HIT MAN TO MURDER HIS WIFE, ROSE COBB:

http://michiganoidv.blogspot.com/2007/12/unsolved-murder-of-ross-cobb-wife-of.html


ROSE COBB MURDER CASE:
http://michiganoidv.blogspot.com/2007/12/rose-cobb-murder-case.html

Saturday, July 17, 2010

Deputy Steven Fresorger - Saginaw SD

DEPUTY STEVEN FRESORGER, SD: Misuse of LEIN system, July 17, 2010.



On July 17, 2010, Deputy Fresorger ran the names "Marty Stroll and "Michael Stroll" on theSaginaw County Sheriff Department LEIN system. At the time, Marty Stroll 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.








video













"Elizabeth Canfield, a state police analyst of LEIN, testified that...Fresorger on July 17, 2010, searched 11 times for “Marty” Stoll and once for Michael Stoll..."












Fresorger’s ex-girlfriend, Tracy Moore, testified that she dated John A. Warner in 2009 and “Marty” Stoll 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
MI NBC News
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