Friday, April 12, 2013

Officer Dale Malesh - CSC- Warren PD [retired]

Also See:
Officer Dale Malesh preliminary hearing [May 2013] http://michiganoidv.blogspot.com/2013/05/officer-dale-malesh-preliminary-exam.html

Officer Dale Malesh sentenced - CSC - November 15, 2013 http://michiganoidv.blogspot.com/2013/11/officer-dale-malesh-sentenced-csc.html







Retired police officer Dale Malesh was arraigned on two counts of 3rd-degree criminal sexual conduct. He is charged with having a sexual relationship with a student at the highschool where he has been a resource officer for the past 11 years.


The 16 year-old victim claims, that her relationship with officer Malesh was “completely consensual.”

Prosecutors are basing the 15-year felony they have charged Malesh with on state law that prohibits anyone from using their status to gain access to, or establish a relationship with, a student between 16 and 18 years of age.










Ex-Warren police officer pleads no contest to having sex with student
4:25 PM, October 8, 2013
Detroit Free Press
http://www.freep.com/article/20131008/NEWS04/310080116/

A retired Warren police officer accused of having a sexual relationship with a 16-year-old student who attended the school where he was a resource officer pleaded no contest today in Macomb County Circuit Court.

Dale Malesh, 62, pleaded no contest to 14 counts of third-degree criminal sexual conduct, a 15-year felony, on charges out of Warren and Roseville. He is to be sentenced Nov. 15 before Judge Mary Chrzanowski.

His attorney, Steve Kaplan, said Malesh had a "stellar record as a police officer" in Warren and with Sturgis police and was a friend of the family of the victim. Kaplan said the girl was bullied in eighth grade and Malesh intervened and squashed the bullying.

Kaplan said no sex acts were coerced. He said Malesh pleaded no contest "in case (the girl) or her family decided to sue years from now."

The charges involve the one student, with the sexual affair going on between December and March.

The incidents occurred at Malesh’s home in Warren and at Dooley Park in Roseville, authorities said.

Malesh was charged in April with having sexual relations with the Warren girl, who was a junior at Warren Woods-Tower High School in Warren, where Malesh was a school resource officer. He was charged in June with the crimes in Roseville.

Malesh retired from Warren police in January 2011 after 19 years with the department. He was in law enforcement for about 30 years, Warren Police Commissioner Jere Green said after Malesh’s arrest.

After Malesh retired, the school district kept him as a contract employee for the rest of that school year and through the end of the 2012 school year, Green said.

Previously, Green said Warren police received a complaint March 21 about a sexual relationship between the girl and Malesh. The girl came to police with her mother.

Investigators interviewed students and staff at the school in addition to gathering other information, such as text messages and Facebook information, Green said. Police searched Malesh’s house. Green didn’t say how long the relationship was going on, but said the acts did not occur at school.


 











Texts used in former Warren officer's sexual misconduct hearing
NORB FRANZ
Posted: 09/03/13, 10:22 PM EDT
The Oakland Press
http://www.theoaklandpress.com/general-news/20130703/texts-used-in-former-warren-officers-sexual-misconduct-hearing



Transcripts of text messages helped refresh a teenage girl's memory as she testified Wednesday in the case of a former Warren police officer charged with sexual misconduct.

The 16-year-old girl was led through some 308 pages of transcripts of text messages from her cell phone, many of them involving the 62-year-old man with whom she said she had consensual sex.

Dale Wayne Malesh, of Roseville, faces 10 counts of third-degree criminal sexual conduct in Roseville. At the start of Malesh's preliminary exam Wednesday in 39th District Court, the girl said she met Malesh while he still was a Warren police officer assigned as a school resource officer in the Warren Woods Public Schools.

The teen -- whose name is not being published by The Macomb Daily -- testified before Judge Marco Santia that Malesh began helping her after she was bullied at Warren Woods Middle School. That help continued at Warren Woods-Tower High School, where she recently completed her junior year.

The girl said she and Malesh became friends, and that she sent him a picture in June 2012 that included her, other students and Malesh.

She said he asked her to send another photo, so she provided a picture of herself at homecoming last October.

The teen testified that her relationship with Malesh turned sexual last December. She said they "sexted" or spoke daily and that she listed him in her phone as "My QT."

Directed by Macomb County Assistant Prosecutor Nicole Blank through the transcripts, the Warren girl confirmed 10 dates between last December and March in which she claimed she had intercourse with Malesh at his Roseville home or at a local motel.

The preliminary exam -- a probable-cause hearing to determine whether there is sufficient evidence for a defendant to stand trial -- was adjourned until July 24, when the principal of Warren Woods-Tower High School and a teacher are scheduled to testify.

The Macomb County Prosecutor's Office filed the Roseville charges against Malesh in June, after he was bound over to Macomb County Circuit Court on four counts of third-degree criminal sexual conduct in Warren. The offense is punishable by up to 15 years in prison.

The age of consent in Michigan is 16. Prosecutors have based their case against Malesh on a section of the state's criminal sexual conduct laws that prohibits a person from using his or her role as a contractual service provider or non-student volunteer to gain access to, or establish a relationship with, minors between ages 16 and 18 for sexual purposes.

Malesh remains in the Macomb County Jail on bonds totaling $650,000.

As a Warren police officer, he was assigned to the Warren Woods Public Schools as the district's school resource officer. Known to employees and students as "Officer Dale" and "O.D.," he held that post from September 1999 until his retirement from the force in January 2011.

School officials then hired him as security officer, in which he no longer had the power to make arrests. Malesh continued in that job until June 2012.




 










Former Warren school resource officer faces more sex charges
By NORB FRANZ
Macomb Daily Tribune
Posted: 06/12/13, 12:43 PM EDT
Updated: on 06/12/2013
http://www.dailytribune.com/article/DT/20130612/news01/130619861



A former Warren Woods Public Schools resource officer already awaiting trial on sexual misconduct charges now faces several more charges in a neighboring city.

Retired Warren police officer Dale Wayne Malesh, 62, was arraigned Wednesday in a Roseville courtroom on 10 counts of third-degree criminal sexual conduct. The offense is a felony punishable by up to 15 years in prison.

The charges stem from a relationship that police and prosecutors say he had with a 16-year-old girl.

Judge Marco Santia of the 39th District Court set bond for Malesh at $500,000 cash or surety. A preliminary hearing to determine whether the retired officer should stand trial is scheduled for June 19.

Malesh had already been held in the Macomb County Jail on $150,000 bond since April 12, when he was arrested at his home in Roseville and charged in Warren with third-degree criminal sexual conduct.

In a district court hearing in Warren last week, the teenager, who attends Warren Woods-Tower High School, testified she willingly engaged in sexual penetration with Malesh at her home in the city. Judge Dean Ausilio subsequently bound that case over to Macomb County Circuit Court, where Malesh faces four counts of third-degree criminal sexual conduct.

In the latest case, Malesh engaged in sexual penetration with the teenager last December, according to prosecutors and court records. Macomb County Prosecutor Eric Smith said the acts occurred at Malesh’s home and at Roseville’s Dooley Park.

"The facts of this case shock the conscience," Smith said. "This officer was assigned to protect these children, not prey on them."

As a Warren police officer, Malesh was assigned to the Warren Woods Public Schools as the district’s school resource officer. Known to employees and students as "Officer Dale" and "O.D.," he held that post from September 1999 until his retirement from the force in January 2011.

School officials then hired him as security officer, in which he no longer had the power to make arrests. Malesh continued in that job until June 2012.

The teen, who met Malesh during the course of his duties when she attended Warren Woods Middle School, said in April that the relationship was consensual.

The age of consent in Michigan is 16. Macomb County prosecutors have based their case against Malesh on a section of the state’s criminal sexual conduct laws that prohibits a person from using his or her role as a contractual service provider or non-student volunteer to gain access to, or establish a relationship with, minors between ages 16 and 18 for sexual purposes.

The teenager and her mother, whose names are not being published by The Macomb Daily, attended Malesh’s arraignment in Roseville. Following the brief hearing, they declined to comment on the latest charges.

"It’s a tough situation," the mother said.




 







Testimony against ex-cop facing sexual misconduct charges delayed
By Norb Franz
Posted: Tuesday, 04/23/13 12:17 pm
Updated: Tuesday, 04/23/13 03:58 pm
http://www.macombdaily.com/article/20130423/NEWS01/130429880/testimony-against-ex-cop-facing-sexual-misconduct-charges-delayed-(with-video)








A court hearing for a retired Warren police officer accused of having sex with a teenager who attends a local high school where he worked was postponed Tuesday because prosecutors only recently received copies of text messages.


The text messages retrieved from the cellphones belonging to the accused ex-officer, Dale Wayne Malesh, 62, and the 16-year-old girl, are key evidence in the case.

Malesh is charged with two counts of third-degree criminal sexual conduct, a felony punishable by up to 15 years in prison. He retired two years ago from the Warren Police Department, having spent the last 11 years of his career as a school resource officer at Warren Woods-Tower High School. After Malesh left the force, district officials kept him as a school security contractor.

Judge Dean Ausilio of the 37th District Court postponed Malesh’s preliminary exam at the request of Macomb County Assistant Prosecutor Nicole Blank, who explained that she had just received transcripts of text messages and needed time to review them and provide copies to Malesh’s lawyer.

Defense attorney Steven Kaplan asked the judge to reduce Malesh’s $150,000 cash or surety bond to a 10 percent bond. He insisted the retired law enforcer will show up for future court hearings and not jump bail.

“He’ll look you in the eye and say, ‘Judge Ausilio, I’m not going anywhere,” said Kaplan, a former longtime Macomb County assistant prosecutor.

Blank urged the judge to not reduce bond, saying Malesh — who also works as a firearms instructor — has an “enormous” amount of guns and has traveled extensively.



















UPDATE:



Warren Police Officer Dale Malesh [retired]: April 13, 2013
Charged with two counts of 3rd-degree criminal sexual conduct.

http://michiganoidv.blogspot.com/2013/04/officer-dale-malesh-warren-pd-retired.html


Sturgis Police Officer Dale Malesh: July 29, 1986:
Charged with felonies for the killing / shooting of dogs.
http://michiganoidv.blogspot.com/1986/07/officer-dale-malesh-sturgis-pd.html







Policeman Charged with Shooting Dogs
The Argus- Press
Owosso, MI
Tuesday, July 29, 1986

Sturgis [AP] - A Sturgis police officer will face felony charges in the alleged shooting of four dogs early last month, officials said.

Dale Malesh, 35, is to be charged with malicious destruction of an animal, said Pat Fetherston, an investigator in the Cass County prosecutor's office.

The felony charge carries a maximum penalty of four years in prison and a $2,000 fine, Fetherston said Monday.

Sturgis Police Chief Eugene Alli demoted Malesh from sergeant to patrolman and suspended him without pay for five days last month after an investigation into the shootings of four dogs, two of which died, and the illnesses of two other dogs believed to have been poisoned.

The Cass County prosecutor's office was assigned to investigate the case by a circuit judge after the St. Joseph county prosecutor cited a potential conflict of interest.

Fetherston said Malesh's arraignment is pending.
 







Officer Is Placed Under Supervision

The Argus- Press
Owosso, MI
Thursday, August 14, 1986
Centerville [AP] - A suspended Sturgis police officer accused of shooting two dogs has been placed under supervision for a year after pleading no contest of a reduced charged.

Dale Malesh, 35, pleaded no contest Wednesday to careless use of a firearm resulting in injury to personal property, a misdemeanor. He had been charged with a felony, malicious destruction of an animal.

Under the no-contest plea, accepted by 3rd District Court Judge Wilham McManus, Malesh neither admitted nor denied guilt.

Under supervision, the charge will be erased from Malesh's record if he stays out of trouble for the next year.

Malesh allegedly shot the dogs near his home during a two-week period in early June. He was suspended in late June for five days without pay and was demoted from sergeant to patrolman with a deduction in salary after he was tied to the shootings.

Malesh has been suspended without pay since July 28. It was unknown Wednesday if Malesh would return to the police department.
 



Retired Warren police officer faces teen sex charge
April 13, 2013
Detroit Free Press
By Christina Hall
Detroit Free Press Staff Writer
http://www.freep.com/article/20130413/NEWS04/304130077/Retired-Warren-police-officer-faces-teen-sex-charge


A retired Warren police officer was charged Friday with having sexual relations with a 16-year-old Warren girl, who attends the high school where he worked as a school resource officer.

Dale Malesh, 62, was ordered held on a $150,000 bond on two counts of third-degree criminal sexual conduct, a 15-year felony, during arraignment in 37th District Court in Warren, Police Commissioner Jere Green said.

He said if Malesh posts bond, he is to wear a GPS tether, not to have contact with anyone younger than 18 and to turn in his passport.

Malesh's attorney, Steven Kaplan, said late Friday that he had not yet seen the police reports in the case. He said the officer denies the allegations.

Malesh retired from Warren police in January 2011 after 19 years with the department. Green said Malesh was in law enforcement for about 30 years.

Malesh was a school resource officer at Warren Woods Tower High School in Warren, where the victim is a junior.

Green said Warren police received a complaint March 21 of a sexual relationship between the girl and Malesh. The girl came to police with her mother.

Investigators interviewed students and staff at the school in addition to gathering other information, such as text messages and Facebook information, Green said. Police searched Malesh's house, but Green declined to say what was recovered.

He said a Warren police investigation turned up information that will be forwarded to Roseville police for a possible investigation in that city.

Green declined to say how long the relationship was going on or where it occurred, but said the acts did not occur at the school.

After Malesh retired, the school district kept him as a contract employee for the rest of that school year and through the end of the 2012 school year, said Green, who also is president of the Warren Woods Public Schools Board of Education.

He said the district decided to have a school resource officer in the school this school year.

                         










Retired Warren police officer accused of having sex with a high school student
Teen says 62-year-old is her boyfriend
By Bill Proctor
Posted: 04/12/2013
WXYZ TV News, Detroit
http://www.wxyz.com/dpp/news/local_news/investigations/retired-warren-police-officer-accused-of-having-sex-with-a-high-school-student

WARREN, Mich. (WXYZ) - Retired Warren police officer, Dale Wayne Malish, of Roseville was arraigned Friday afternoon in 37th District Court on two charges of 3rd degree criminal sexual conduct for allegedly having a sexual relationship with a 16-year old high school student.

For at least two school terms, 62-year-old Malish worked as a security officer at Warren Woods Tower High School where he met the 16-year-old junior. He was known as “OD” for Officer Dale to the students and staff and was well-liked.

But school officials called police to investigate when rumors of the forbidden relationship spread.

At his arraignment Friday afternoon, Malish pleaded not guilty and told 37th District Court Judge Dean Ausilio that the accusations against him “are without merit.”

The 16-year-old has spoken exclusively to 7 Action News and insists that Malish was her boyfriend and that they were in love, but now that Malish is charged, the relationship--she says--has ended.

The charges stem from Michigan law, which says an adult in a position of authority cannot have a sexual relationship with a student.

The victim says she has known officer Malish since she was in middle school and that their relationship grew into in early December.

Malish was formerly charged with two counts of criminal sexual conduct that carry 15 year maximum prison sentences each.

At his video arraignment, the 16-year-old high school junior, who says she was his girlfriend, sat crying in the courtroom. In an exclusive interview with the investigators, she read a prepared statement she had written in her cell phone:

“Everything that ever happened between us was always totally up to me, nothing was ever forced. I never felt obligated to do anything with him. It was completely consensual. If I said stop he did right away with no questions asked. He always made sure I was aware of what’s going on and that I was comfortable with it. I am not a victim and he is not a predator,” the student told 7 Action News.

What made the investigation somewhat difficult is the fact that some of the alleged sexual activity took place at the retired officer's Roseville home.

The 7 Action News investigators have learned the investigation into Malish’s activities has been expanded.

The Warren police say they will turn over their investigation to Roseville police to determine if more charges are warranted against the former cop.














Retired Warren police officer charged with criminal sexual conduct
Ex-police officer accused of having sexual relationship with 16-year-old girl
Published On: Apr 12 2013 05:38:23 PM EDT
http://www.clickondetroit.com/news/Retired-Warren-police-officer-charged-with-criminal-sexual-conduct/-/1719418/19731296/-/9s3orjz/-/index.html



WARREN, Mich. - Retired Warren police officer Dale Malesh is being charged with 3rd degree criminal sexual conduct after allegedly having a sexual relationship with a 16-year-old girl.

Malesh, of Roseville, was working as a security officer at Warren Woods Tower High School when he met the 16-year-old student.

He was arraigned in the 37th district court Friday afternoon and was placed on a $150,000 bond. His next court date is scheduled for April 25.

His charges carry a possible 15-year felony sentence.

 











 Accused ex-cop says charges ‘are without merit’
By Norb Franz
Posted: Friday, 04/12/13 01:15 pm
Updated: Friday, 04/12/13 09:33 pm
http://www.macombdaily.com/article/20130412/NEWS01/130419832/0/SEARCH/accused-ex-cop-says-charges-are-without-merit



A former Warren police officer, who spent years working in schools, was charged Friday with sexually molesting a 16-year-old girl.
Dale Wayne Malesh, 62, of Roseville, was arraigned on two counts of 3rd-degree criminal sexual conduct — a felony punishable by up to 15 years in prison. Malesh, arrested hours earlier outside his home on Loreto Street, asked 37th District Judge Dean Ausilio to release him on a personal recognizance bond and promised he would show up for future court hearings.

“Although the accusations are without merit, I have no intention of leaving,” said Malesh via video from the Warren Police Department lockup, adding he had plans to move to Florida. “I am not a flight risk. I can assure your honor (of that). Although the allegations against me are serious, I have no problem staying here and preparing my defense with my attorney.”

In urging the judge to set a high bond, Macomb County Assistant Prosecutor Nicole Blank said law enforcement officials were concerned Malesh might attempt suicide.

RELATED ASSETS
“I am not a suicide risk. I am too narcissistic for that,” Malesh said.

Judge Ausilio ordered Malesh held in lieu of $150,000 cash or surety bond. The judge told the former police officer that if he manages to post bail, he must wear a tether, cannot leave Macomb County and must surrender his passport and enhanced driver license. Malesh also was ordered to have no contact with anyone under age 18.

The teenage girl, accompanied by friends in the court, cried as she left the courtroom. She later told The Macomb Daily that the accusations are “overblown.”

“The charges are ridiculous,” said the teen, whose name is not being published by the newspaper. She said her alleged relationship with Malesh was “completely consensual.”

According to court records, the alleged sexual penetration occurred in February and March. The teen turned age 16 — the age of consent under Michigan law — last August. However, prosecutors are basing the 15-year felony on state law that prohibits anyone from using their status to gain access to, or establish a relationship with, a student between 16 and 18 years of age.

Malesh spent the past 19 years of his law enforcement career as a Warren police officer, including the last 11 as a school resource officer. Prior to retirement, he worked as an officer at Warren Woods Tower High School. After he left the police force, Warren Woods Public Schools officials hired him as a contractual security worker.

Warren Woods Superintendent Stacey Denewith-Fici did not immediately return phone calls seeking comment Friday.

Warren police, including Special Operations officers carrying semiautomatic rifles, converged on Malesh’s home in the area of Common and Hayes roads, at approximately 11:20 a.m. Friday. He emerged in front a short time later, raised his hands above his head and was handcuffed without a struggle. Moments later, another man was briefly handcuffed as detectives began searching the two-story house.

Investigators spent approximately two hours inside the house. One detective carried out a large box.

Warren Police Commissioner Jere Green said the arrest culminated a 3-week investigation in which police seized several cellphones, including phones belonging to Malesh and the 16-year-old girl.

“A lot of the investigation involved text messages and Tweets and Facebook,” Green said. The Macomb Area Computer Enforcement team assisted with that part of the investigation, he said.

Green said Malesh was interviewed by police on March 29. The city’s top-ranking police administrator called the alleged actions by one of his former officers “disappointing.”

“You would still expect a high level of behavior you’d expect from current employees,” Green said. “Based on the evidence that I reviewed, the evidence that’s been presented to date is disturbing.”

The police commissioner said additional evidence will be turned over to Roseville police for further investigation.

Malesh is scheduled to return to Warren’s district court for a preliminary hearing on April 25.

On LinkedIn, Malesh said he is a training officer for St. John Health and president of Protection Professionals Inc., providing security for schools and health care facilities. He also is president of Malesh Associates Inc., offering security training.

Prior to his retirement in Warren, he conducted a firearms training class for members of Warren’s Citizen Emergency Response Team. He also heads A2 Guns and Gear, which holds classes to help handgun owners obtain a concealed pistol permit.



























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