Monday, July 25, 2005

07252005 - Deputy Kevin Chittick - Appeal - Lapeer County SD - Conviction Confirmed 03202007




















Conviction upheld
The County Press
by SUSAN YOUNGER
April 4, 2007
http://www.countypress.com/stories/040407/loc_20070404003.shtml

Convicted former Lapeer County Sheriff's deputy Kevin Chittick will likely serve out his sentence of seven to 15 years behind bars for having sex with underage girls.

Last Thursday, Michigan Court of Appeals Judge David H. Sawyer, Judge E. Thomas Fitzgerald and Judge Pat M. Donofrio unanimously denied Chittick's request for a new trial, said Lapeer County assistant prosecutor Geoffrey Stuart.

In May 2005, Chittick, 38, was found guilty of 19 counts of criminal sexual conduct. The Grand Blanc man was convicted of 14 counts of third-degree CSC. Chittick also was convicted of five counts of fourth-degree CSC and willful neglect of duty for spending time at the girls' homes while on duty.

The charges stemmed from sexual assaults in Lapeer, Genesee and Oscoda counties from the end of 2001 through 2002. Both girls were between the ages of 13-15 at the time. The allegations came to light in January 2004, when one of the girls told her aunt.

Chittick, through his appeals attorney Mark Sawtawa, claimed he hadn't received a fair trial because Lapeer County Prosecutor Byron Konschuh reviewed computer materials that involved attorney-client matters.

"His computer was seized by the Michigan State Police after it was revealed Chittick had an affinity towards child pornography," said Stuart. "Pornography is a standard grooming technique used to make children think their having sex is normal. There were conversations between Chittick and his attorney on the computer. However, there was no information used at trial that was gained from the seizure."

Through his attorney, Chittick also argued he was denied a fair trial because of hearsay testimony made by his wife during cross examination. His wife said her sister was made uncomfortable by Chittick when he made fun of her underwear and put his hand on her belly.

When Chittick was hired — he began in 1998 and later resigned in May 2003 — there was no way to foresee these actions, said Lapeer County Sheriff Ron Kalanquin previously. Chittick had passed a very stringent written test and was working on his bachelor's degree at the University of Michigan-Flint. Prior to coming on with the LCSD, he had been a paramedic in the Navy with dive experience and received a "glowing recommendation" from his shift supervisor at the Portsmouth, Va., Police Department.

It's likely Chittick will spend at least five more years behind bars before he is eligible for parole unless an appeal request is granted by the Michigan Supreme Court.

"But that's not likely," said Stuart.













Court Denies Deputy A New Trial for molestation charges
March 31, 2007
The Flint Journal
http://www.mlive.com/news/fljournal/index.ssf?/base/news

-Police officers, Kalanquin said, must maintain strong personal and professional ethical values. There are 83 people working for the sheriff's department and, Kalanquin said, they are doing an excellent job. The single incident involving Chittick, Kalanquin said, is disappointing, but it doesn't cast a huge shadow on the department.

"The other employees are doing a marvelous job," Kalanquin said. "I think people understand that sometimes these things happen, despite our best efforts."












Court Denies Deputy A New Trial for molestation charges
March 31, 2007
The Flint Journal
http://www.mlive.com/news/fljournal/index.ssf?/base/news-4/1175343736113500.xml&coll=5

LAPEER , MICHIGAN - A former Lapeer County sheriff’s deputy won’t get a new trial on his 2005 sexual assault conviction, the Michigan Court of Appeals has ruled.

Kevin Chittick, 40, of Grand Blanc Township was sentenced in July 2005 to 7 years 11 months to 15 years in prison by Lapeer Circuit Judge Nick O. Holowka.

Chittick in his appeal claimed errors by his attorney, the prosecutor and judge necessitated a new trial.

In its March 20 ruling, the appeals court said if there were any errors, they did not prejudice the outcome of the trial.

Chittick is serving his sentence at the Muskegon Correctional Facility.

The former deputy was found guilty by a jury of 14 counts of third-degree criminal sexual conduct, five counts of fourth-degree criminal sexual conduct and one count of neglect of duty.

The charges stemmed from relationships Chittick developed with two underage girls.

Chittick met one girl while he was investigating a missing teen in 2001 and began developing a sexual relationship with her while the girl was 13 and 14 in 2001 and 2002.

Another girl, a friend of the first victim, testified that Chittick sexually assaulted her in her backyard pool.

Chittick, who was married, accompanied the girls to a summer horse camp in Oscoda County, where additional sexual assaults occurred.

The first victim’s parents testified they didn’t initially discourage the friendship because Chittick was a deputy, but they later banned her from seeing him after they became suspicious.

Despite knowing the parents’ wishes, a North Branch middle school teacher allowed Chittick to meet with the girl at the teacher’s home, where another sexual assault occurred.

The teacher received a suspension from the district.





























































Thursday, July 21, 2005

07212005 - Assist Prosecutor Stephen Allen - Suspended - Huron County

Also See:

Huron County Assistant Prosecutor Stephen Allen arrested for domestic violence



Following his arrest for domestic violence against his wife, Deputy Jamie Allen, Assistant Prosecutor Stephen Allen was suspended from his position at the Huron County Prosecutor's Office.


 

Huron County prosecutor will face charges of domestic violence

Thursday, August 25, 2005
By Tom Gilchrist
The Bay City Times
http://www.mlive.com/news/bctimes/index.ssf?/base/news-5/1124982935103520.xml&coll=4

BAD AXE - Bay County Prosecutor Joseph K. Sheeran plans to charge Huron County Chief Assistant Prosecutor Stephen J. Allen with domestic violence for an alleged attack on Allen's wife on July 21.

Stephen Allen, 57, would face a maximum sentence of 93 days in jail if convicted of the crime. Sheeran claims Allen attacked 50-year-old Jamie R. Allen at the Allens' home near Port Hope, in Huron County.

Jamie Allen said her husband spit on her, stomped on her feet, grabbed the sides of her back "really hard" and kicked her Rottweiler dog in the dispute, according to a police report.

Stephen Allen denies harming his wife, spitting on her or kicking the dog, according to the same report.

The state Attorney General's office appointed Sheeran as a special prosecutor to decide whether Stephen Allen should face a criminal charge. Sheeran said his office filed a complaint against Allen in Huron County District Court on Friday, which starts the process of bringing Allen into court for arraignment on a criminal charge.

"We'll handle it and continue to handle it like it's a routine case," Sheeran said.

Workers at Huron County District Court, however, said no complaint had been filed with their court as of Wednesday afternoon.

Sheeran said Huron County District Judge Karl E. Kraus told him he would decline to serve as judge for Allen's case. Sheeran said he expects the State Court Administrative Office would appoint a visiting judge to handle the case.

Huron County Prosecutor Mark J. Gaertner suspended Allen as chief assistant prosecutor following Allen's arrest on the night of the incident.

Stephen Allen had been served with divorce papers the week before the dispute with his 50-year-old wife, Gaertner said.

Jamie Allen - who works as a deputy for the Oakland County Sheriff's Department - told officers she and her husband had argued about who owned the household's two French bulldogs. Stephen Allen told police he was upset about a $2,800 dog-care bill.

Huron County Sheriff's Department Sgt. Gary Polega and Deputy Brandon Kadar took photographs of apparent injuries to Jamie Allen the night of the dispute at the Allen home in Huron Township.

Jamie Allen told police she just wanted her husband to leave for the night and she didn't want officers to arrest him. Gaertner said Jamie Allen doesn't wish to have criminal charges filed against her husband.





Wednesday, July 20, 2005

07202005 - Deputy Jamie Allen - OIDV Victim - Oakland County SD








ALSO SEE:
HURON COUNTY ASSISTANT PROSECUTOR STEPHEN ALLEN ARRESTED AND CHARGED WITH DOMESTIC VIOLENCE [07/20/2005]





Huron County prosecutor will face charges of domestic violence
Thursday, August 25, 2005
By Tom Gilchrist
The Bay City Times
http://www.mlive.com/news/bctimes/index.ssf?/base/news-5/1124982935103520.xml&coll=4

BAD AXE - Bay County Prosecutor Joseph K. Sheeran plans to charge Huron County Chief Assistant Prosecutor Stephen J. Allen with domestic violence for an alleged attack on Allen's wife on July 21.

Stephen Allen, 57, would face a maximum sentence of 93 days in jail if convicted of the crime. Sheeran claims Allen attacked 50-year-old Jamie R. Allen at the Allens' home near Port Hope, in Huron County.

Jamie Allen said her husband spit on her, stomped on her feet, grabbed the sides of her back "really hard" and kicked her Rottweiler dog in the dispute, according to a police report.

Stephen Allen denies harming his wife, spitting on her or kicking the dog, according to the same report.

The state Attorney General's office appointed Sheeran as a special prosecutor to decide whether Stephen Allen should face a criminal charge. Sheeran said his office filed a complaint against Allen in Huron County District Court on Friday, which starts the process of bringing Allen into court for arraignment on a criminal charge.

"We'll handle it and continue to handle it like it's a routine case," Sheeran said.

Workers at Huron County District Court, however, said no complaint had been filed with their court as of Wednesday afternoon.

Sheeran said Huron County District Judge Karl E. Kraus told him he would decline to serve as judge for Allen's case. Sheeran said he expects the State Court Administrative Office would appoint a visiting judge to handle the case.

Huron County Prosecutor Mark J. Gaertner suspended Allen as chief assistant prosecutor following Allen's arrest on the night of the incident. Stephen Allen had been served with divorce papers the week before the dispute with his 50-year-old wife, Gaertner said.

Jamie Allen - who works as a deputy for the Oakland County Sheriff's Department - told officers she and her husband had argued about who owned the household's two French bulldogs. Stephen Allen told police he was upset about a $2,800 dog-care bill.

Huron County Sheriff's Department Sgt. Gary Polega and Deputy Brandon Kadar took photographs of apparent injuries to Jamie Allen the night of the dispute at the Allen home in Huron Township.

Jamie Allen told police she just wanted her husband to leave for the night and she didn't want officers to arrest him. Gaertner said Jamie Allen doesn't wish to have criminal charges filed against her husband




07202005 - Assist Prosecutor Stephen Allen - Huron County





ALSO SEE:
DEPUTY JAMIE ALLEN [OAKLAND SD] ALLEGEDLY ASSAULTED BY EX-HUSBAND / ASSISTANT PROSECUTOR STEPHEN ALLEN.











Charge against chief assistant prosecutor dropped
STACY LANGLEY
The Huron Daily Tribune
03/06/2006
http://www.michigansthumb.com/site/news.cfm?newsid=16247144&BRD=2292&PAG=461&dept_id=571474&rfi=6

BAY CITY — During a Friday afternoon hearing in Bay County District Court, a Bay County assistant prosecutor asked the judge to dismiss the domestic violence charge against Huron County Chief Assistant Prosecutor Stephen J. Allen after the case failed to move forward.

Bad Axe Attorney David B. Herrington, representing Allen, said he requested a hearing before Bay County District Court Judge Craig Alston after Bay County Assistant Prosecutor Margaret Leaming filed yet another motion to adjourn the jury trial until sometime in May.

“There was a lack of due diligence on behalf of the (Bay County) prosecutor’s office,” Herrington said. “In order to request an adjournment they had to show good cause as to why they wanted to adjourn the case. They wanted to add another witness, and they hadn’t even served the victim in the case with notice — she was never informed of a trial date. And the judge said he didn’t see where this case was moving forward.”

The trial was scheduled to get under way for the first time on Jan. 13, when it was adjourned the day before. At that time Leaming notified the court a witness would not be available for the trial. The case then was set for trail a second time to be heard on Tuesday when Leaming filed another request for an adjournment.

Herrington said it was Leaming’s motion during Friday’s hearing in Bay City to dismiss the case and, “the judge granted it. This case has been pending for months now — more than seven months.”

Herrington said the dismissal is “good news.” He said all along “we don't believe that a crime was committed — domestic violence did not occur here.”

Allen was arrested at his Port Hope area home after returning home from work on July 20. Allen and his wife, Jami Allen, reportedly had an argument and were quarreling about their dogs when Allen allegedly pushed his wife. She called 9-1-1 requesting a police officer respond to the Port Hope area home. He was arrested by Huron County Sheriff's deputies.

Police reports from the investigation had been turned over to the Michigan Attorney General's Office who assigned Bay County Prosecutor Joe Sheeran’s office to the case.

The Tribune was unable to reach Leaming for comment.











Huron County prosecutor will face charges of domestic violenceThursday, August 25, 2005
By Tom Gilchrist
The Bay City Times
http://www.mlive.com/news/bctimes/index.ssf?/base/news-5/1124982935103520.xml&coll=4

BAD AXE - Bay County Prosecutor Joseph K. Sheeran plans to charge Huron County Chief Assistant Prosecutor Stephen J. Allen with domestic violence for an alleged attack on Allen's wife on July 21.

Stephen Allen, 57, would face a maximum sentence of 93 days in jail if convicted of the crime. Sheeran claims Allen attacked 50-year-old Jamie R. Allen at the Allens' home near Port Hope, in Huron County.

Jamie Allen said her husband spit on her, stomped on her feet, grabbed the sides of her back "really hard" and kicked her Rottweiler dog in the dispute, according to a police report.

Stephen Allen denies harming his wife, spitting on her or kicking the dog, according to the same report.

The state Attorney General's office appointed Sheeran as a special prosecutor to decide whether Stephen Allen should face a criminal charge. Sheeran said his office filed a complaint against Allen in Huron County District Court on Friday, which starts the process of bringing Allen into court for arraignment on a criminal charge.

"We'll handle it and continue to handle it like it's a routine case," Sheeran said.

Workers at Huron County District Court, however, said no complaint had been filed with their court as of Wednesday afternoon.

Sheeran said Huron County District Judge Karl E. Kraus told him he would decline to serve as judge for Allen's case. Sheeran said he expects the State Court Administrative Office would appoint a visiting judge to handle the case.

Huron County Prosecutor Mark J. Gaertner suspended Allen as chief assistant prosecutor following Allen's arrest on the night of the incident. Stephen Allen had been served with divorce papers the week before the dispute with his 50-year-old wife, Gaertner said.

Jamie Allen - who works as a deputy for the Oakland County Sheriff's Department - told officers she and her husband had argued about who owned the household's two French bulldogs. Stephen Allen told police he was upset about a $2,800 dog-care bill.

Huron County Sheriff's Department Sgt. Gary Polega and Deputy Brandon Kadar took photographs of apparent injuries to Jamie Allen the night of the dispute at the Allen home in Huron Township.

Jamie Allen told police she just wanted her husband to leave for the night and she didn't want officers to arrest him. Gaertner said Jamie Allen doesn't wish to have criminal charges filed against her husband.











Police arrest Huron County assistant prosecutorSaturday, July 23, 2005
By Tom Gilchrist
TIMES WRITER
http://www.mlive.com/news/bctimes/index.ssf?/base/news-5/1122113717172890.xml&coll=4

BAD AXE - Police arrested Huron County Chief Assistant Prosecutor Stephen J. Allen for alleged domestic violence on Wednesday night.

Allen, 57, of Port Hope, hasn't been arraigned in court on the charge, which carries a maximum sentence of 93 days in jail.

Allen was released from jail Thursday after posting a standard $250 bond, according to Huron County District Court officials.

As a condition of his bond, Allen must not have any contact with the alleged victim - his wife, Jami Allen.

Huron County Prosecutor Mark J. Gaertner said he has suspended Allen from his duties as chief assistant prosecutor. Gaertner said he'll ask the state attorney general to appoint a special prosecutor to determine if Stephen Allen should be charged with a crime.

If Allen is charged, he would be the second Huron County assistant prosecutor charged with a crime in 18 months. Allen is one of three assistant prosecutors in Huron County.

Last year, Assistant Prosecutor Elizabeth V. Weisenbach pleaded no contest to attempted negligent homicide in connection with the Dec. 13, 2003, death of 87-year-old Vera Bares in Ottawa County.

A judge sentenced Weisenbach to 12 months probation and 250 hours of community service.

Huron County Sheriff Kent D. Tibbits reported that a call alleging domestic violence was received at 6:10 p.m. Wednesday from a residence in the Port Hope area.

While Tibbits didn't name an address, Huron County emergency dispatchers said that call came from an address in Huron County's Huron Township. The dispatchers provided the address to The Times, and Huron County Equalization Department records show Stephen and Jami Allen own the residence there.

Gaertner said Jami Allen doesn't wish to have criminal charges filed against her husband.

The Times could not reach Stephen or Jami Allen for comment on Friday.