Monday, September 3, 2012

09032012 - Judge David Stowe - Ex-Wife Cynthia Stowe - DV Probation

After Cynthia Stowe's  assault on her teenage son and husband Judge David Stowe [January 30, 2012], a year was added to her DUI probation. A stipulation that Cynthia not consume alcohol was added to the conditions of her probation after her DV arrest.

September  2012: Arrest warrants issued for Cynthia Stowe  for failure to comply with terms of her  DUI / DV probation: failed to provide results of breath tests, forged an Alcoholics Anonymous form and failed to call in to report.













Ex-wife of judge in trouble in Florida

BY ART BUKOWSKI
The Record-Eagle
Fri Sep 21, 2012, 08:29 PM EDT
http://webcache.googleusercontent.com/search?q=cache:2qfs87xeJgEJ:record-eagle.com/local/x1241959403/Ex-wife-of-judge-in-trouble-in-Florida+&cd=1&hl=en&ct=clnk&gl=us

TRAVERSE CITY — A woman who repeatedly violated probation and bond conditions in Grand Traverse County faces more problems in Florida after local judges allowed her to move there.

Cynthia Stowe, ex-wife of Grand Traverse County Probate Judge David Stowe, was arrested in Cocoa Beach, Fla. on Sept. 6. Police there seek charges of felony child abuse and battery domestic violence, documents show, though Stowe has yet to be formally charged.

Stowe was on probation in Grand Traverse County for contempt of court and drunken diving, and Benzie Circuit Judge James M. Batzer and 86th District Judge Thomas J. Phillips, who are handling her charges, both allowed her to move to Florida in separate July hearings.

She was ordered to continue reporting by phone to probation officers here.

An arrest report from Florida indicates Stowe assaulted two victim, 17 and 18, after she drank alcohol. She was in an argument with one of the victims about her consumption of alcohol when she began the assault, police said.

Aside from her Florida troubles, both Phillips and Batzer recently signed warrants for her arrest because she failed to comply with probation terms here after she moved south.

Among other problems, Stowe failed to provide results of breath tests, forged an Alcoholics Anonymous form and failed to call in to report, 86th District Court Administrator Carol Stocking said.

Stowe assaulted her then-husband David Stowe in their Long Lake Township home in January. That case eventually was resolved in a plea deal that added one year of probation to her drunken driving arrest, though she violated bond and was charged with perjury after authorities said she lied in a bond violation hearing.

The perjury charge was dismissed when she pleaded guilty to contempt of court.

David Stowe was elected to the probate judge post in 2000, and Cynthia Stowe - known as Cynthia Curry prior to her marriage to Stowe - is a former family court employee who worked under Stowe from 2002 to 2005.

The two began a personal relationship while they both worked in the court, and David oversaw child custody matters in Cynthia's divorce case. David Stowe subsequently fired the county's family court administrator for reporting the relationship to county officials. The County later paid a $69,000 settlement to that ex-employee.

Stowe and Curry married in early 2009, and divorce this year. Stowe isn't running again for that position and will step down at the end of the year.






Local judge's wife in more trouble

June 17, 2012
The Record-Eagle
Traverse City
http://webcache.googleusercontent.com/search?q=cache:UpiCDS1AHfYJ:record-eagle.com/local/x1406730213/Local-judges-wife-in-more-trouble+&cd=1&hl=en&ct=clnk&gl=us

Traverse City - A local judge's wife violated probation again, authorities said.

Cynthia Stowe, wife of Grand Traverse County Probate Judge David Stowe, was arraigned Thursday on a probation violation bench warrant. She is required to avoid alcohol as part of her probation, and court officials said she failed an alcohol test.

She pleaded not guilty at the arraignment and was released on bond.

Stowe is on probation for a 2011 drunk driving conviction and a May conviction for contempt of court records show. A perjury charge was dismissed when she pleaded guilty to the contempt charge. The perjury count was issued after authorities said she lied during a previous probation violation hearing. David Stowe filed for divorce in March. he is not seeking re-election.











UPDATE: Wife of Grand Traverse County Judge Violated Probation Again
Posted: Jun 15, 2012 2:33 PM CDT
Updated: Jun 22, 2012 2:34 PM CDT
9 and 10 News
http://www.9and10news.com/story/18800630/update-wife-of-grand-traverse-county-judge-violated-probation-again

Court records show, the wife of a Grand Traverse County judge has violated her probation, again.

Cynthia is probate Judge David Stowe's wife.

Court records show she failed an alcohol breath test.

She was in court for the same violation back in April.

Last summer, Stowe was arrested for drunk driving, and last month, she admitted to assaulting her husband.

She pleaded not guilty in court yesterday.









Wife of Traverse City Judge Admits to Assaulting Husband

Posted: May 15, 2012 10:24 AM CDT
Updated: May 22, 2012 10:24 AM CDT
9 and 10 News
http://www.9and10news.com/story/18424456/wife-of-traverse-city-judge-admits-to-assaulting-husband

The wife of a Grand Traverse County judge has admitted to assaulting her husband.

Court records show that Cynthia Stowe failed an alcohol breath test back in April, violating her probation.

She's the wife of Probate Judge David Stowe. Cynthia pleaded guilty to the assault to avoid a felony charge.

Last summer she was arrested for drunk driving and in January she appeared in court for assaulting her husband.

She was sentenced to 30 days in jail, she has already served 22.

She will spend a year on probation and attend a substance abuse and mental health program.











Judge's wife takes a plea deal
BY BRIAN McGILLIVARY
The Record-Eagle
Tue May 15, 2012, 07:14 AM EDT
http://record-eagle.com/local/x227513877/Judges-wife-takes-plea-deal

TRAVERSE CITY — A judge's estranged wife pleaded guilty to assault and contempt of court in a plea deal to avoid a felony perjury charge.

Cynthia Marie Stowe, 50, appeared in 86th District Court on Monday morning and initially denied any inappropriate contact with Grand Traverse County Probate Court Judge David Stowe on the January night police were called to their Long Lake Township home. She told District Judge Thomas J. Phillips her 16-year-old son was the one pushing and shoving.

Defense attorney Craig Elhart coaxed Cynthia Stowe to acknowledge there had been physical contact between her and David Stowe during the incident.

"A textbook domestic violence case," said Special Prosecutor Charles Koop of Antrim County. "She had to acknowledge her behavior. That's very important. She never acknowledged her behavior before."

She admitted to the contempt of court charge. She tested positive for alcohol while on bond from a domestic violence charge, and testified under oath she had dinner at a restaurant with her oldest son and consumed a dessert that included alcohol. The son denied he had dined with his mother and Koop obtained evidence showing she had dinner on Valentine's Day with her husband. That violated a standard bond requirement for a domestic assault case, Koop said.

Phillips sentenced Cynthia Stowe to 30 days in jail with credit for 22 days served. She also must take part in a 90-day in-patient substance abuse and mental health treatment program and a year's probation.

"I think you need help and a lot of help," Phillips said.

Koop said allowing Stowe to plead to a misdemeanor will help her receive treatment which he said would be best for her and the community.











Cynthia Stowe's bond set at $500K
BY ART BUKOWSKI
The Record-Eagle
Fri Apr 27, 2012, 07:14 AM EDT
http://record-eagle.com/local/x1914775202/Cynthia-Stowes-bond-set-at-500K

TRAVERSE CITY — A judge set a high bond for a woman charged with lying under oath.

Cynthia Marie Stowe, 50, is charged with a felony perjury count. District Judge Thomas J. Phillips set her bond at $500,000 when he arraigned her on the charge Thursday morning.

Stowe is the estranged wife of Grand Traverse County Probate Judge David Stowe. He filed for divorce in March.

Phillips said he set a high bond because he had concerns about Cynthia Stowe's history of violating bond on other criminal matters and the seriousness of the offense, among other items.

She remained in the Grand Traverse County Jail Thursday afternoon. The bond is set to be reviewed today at 8:45 a.m.

Grand Traverse Sheriff's Department investigators said Stowe lied under oath during a Feb. 22 bond violation hearing. She was out on bond after a January domestic violence arrest, and authorities said she violated bond by drinking alcohol.

She failed an alcohol test on Feb. 14, authorities said. At the bond violation hearing, she testified she was at a dinner with her son that night and failed the alcohol test because she ate a dessert containing alcohol.

Authorities later interviewed her son, who said he wasn't at the dinner. Instead, authorities found the dinner was paid for with a credit card belonging to David Stowe. The signature on the bill matched a known signature of David Stowe, court documents show.

The domestic violence charge ultimately was dismissed as part of a plea deal.





86th District Court
April 26, 2012
Leelanau News
http://www.leelanaunews.com/news/2012-04-26/Courts/86th_District_Court.html

Cynthia M. Stowe, 50, 9524 Echo Valley Dr., Traverse City — Probation violation hearing; pleaded guilty; sentenced to 90 days in jail with credit for 9 days served, balance held in abeyance; must immediately upon release from jail check into Center One and complete successfully, and then check into residential treatment and complete successfully or return to jail and wait for a bed to become available; $200 fines, $200 costs, $125 arresting agency fee.









Cynthia Stowe to be arraigned for Perjury
Charges stem from testimony at hearing
April 26, 2012
The Record-Eagle
http://webcache.googleusercontent.com/search?q=cache:7edjRWAksQYJ:record-eagle.com/local/x1199104645/Cynthia-Stowe-to-be-arraigned-for-perjury+&cd=43&hl=en&ct=clnk&gl=us

Traverse City - A local judge's wife faces a felony charge because investigators believe she lied under oath.

Cynthia Marie Stowe, 50, estranged wife of Grand Traverse County Probate Judge David Stowe, is charged with a felony count of perjury during court proceedings. Traverse City police arrested her Wednesday, and she is scheduled to be arraigned at 8:30 a.m. today.

The charge stems from statements she made at a Feb. 22 bond violation hearing. She was out on bond after a January domestic violence arrest, and authorities said she violated bond by drinking alcohol.

She failed an alcohol test on Feb. 14, authorities said. At the bond violation hearing, she testified she was at a dinner with her son at a restaurant at Crystal Mountain Resort & Spa in Thompsonville that night. Cynthia Stowe said at the hearing she failed the alcohol test because she ate a dessert containing alcohol.

Authorities later interviewed her son, who said she wasn't at the dinner. Instead authorities found the dinner was paid for with a credit car belonging to David Stowe. The signature on the bill matched a known signature of David Stowe, court documents show.

David Stowe declined comment when investigators tried to interview him, court documents show.

Antrim County Prosecutor Charles Koop - who is acting as special prosecutor - eventually dismissed the domestic violence charge against Cynthia Stowe in a plea deal that added one year probation to a September drunken driving conviction.

David Stowe couldn't be reached for comment late Wednesday. He filed for divorce in March.











Judge’s wife fails test, violates probation

April 19, 2012
Leelanau Enterprise
http://www.leelanaunews.com/news/2012-04-19/Courts/Judges_wife_fails_test_violates_probation.html

The wife of a Traverse City judge will appear today for a arraignment on a charge of violating probation on a drunk driving case in Leelanau County.

Cynthia Stowe turned herself in to the County Jail last week after allegedly failing an alcohol screening. The failed test would constitute a violation of the terms of her probation on a September drunk driving conviction in Leelanau County.

The Grand Traverse County woman assaulted her husband, Probate Court Judge David Stowe, in their home in January. That case was resolved through a plea agreement that added one year of probation on to her drunk driving arrest in Leelanau County.

Nineteenth Circuit Court Judge James Batzer of Benzie County held the hearing on the probation violation via telephone Friday afternoon. Batzer was appointed by the state court administrator’s office as the local judges all recused themselves because of their relationship with Judge Stowe, Magistrate Norene Kastys said.











Judge's wife arraigned on probation violation
The Record-Eagle
April 14, 2012
From staff reports
http://webcache.googleusercontent.com/search?q=cache:Pjldgm3l10AJ:record-eagle.com/local/x333969105/Judges-wife-arraigned-on-probation-violation+&cd=1&hl=en&ct=clnk&gl=us

Traverse City - A local judge's wife was arraigned on a probation violation.

Cynthia Stowe turned herself in Thursday and on Friday was arraigned in 86th District Court.

Court officials said the violation was issued because she failed an alcohol test.

Stowe, wife of Grand Traverse County Probate Judge David Stowe was on probation for a drunken driving conviction.

A probation violation hearing is set for April 19.










Judge's wife allegedly violation probation
Bench warrant issued for arrest of Cynthia Stowe
April 12, 2012
Art Bukowski
The Record-Eagle
http://webcache.googleusercontent.com/search?q=cache:8IuujLfYZV4J:record-eagle.com/local/x333968864/Judges-wife-allegdly-violated-probation+&cd=4&hl=en&ct=clnk&gl=us

Traverse City - A local judge's wife might go back to jail after authorities said she violated probation.

Cynthia Stowe recently failed an alcohol screen, court officials said. Circuit Judge James Batzer on Monday issued a bench warrant for her arrest because a failed test constitutes a violation of her probation on a September drunken driving conviction.

Stowe, the wife of Grand Traverse County Probate Judge David Stowe, hadn't yet been arrested Wednesday afternoon.

Stowe assaulted her husband in their Long Lake Township home in January. That case was resolved in a plea deal that added one year probation on to her drunken driving arrest.

David Stowe was elected to the probate judge post in 200, and Cynthia Stowe - known as Cynthia Curry prior to her marriage to Stowe - is a former family court employee who worked under Stowe from 2002 to 2005.

The two began a relationship while they both worked in the court, and David oversaw child custody matters in Cynthia's divorce case. David Stowe subsequently fired the county's family court administrator for reporting the relationship to county officials. The county later paid a $69,000 settlement to that employee.

David Stowe filed for divorce on March 16, court records show. His term is up this year, and he previously said he won't run again.

Cynthia Stowe's attorney, Craig Elhart, declined comment.









Warrant out for arrest of judge's wife
April 11, 2012
The Record-Eagle
Art Bukowski
http://webcache.googleusercontent.com/search?q=cache:sjaWSdR3plUJ:record-eagle.com/local/x611950094/Warrant-out-for-arrest-of-judges-wife+&cd=3&hl=en&ct=clnk&gl=us

Travese City - A judge's wife has a warrant out for her arrest after authorities said she violated probation.

Cynthia Stowe failed an alcohol screening, and a judge issued a warrant for her arrest Monday. She hadn't been arrested as of this morning. Stowe is the wife of Grand Traverse County Probate Judge David Stowe.

Stowe in August was arrested for drunken driving, and in January was arrested after she assaulted David Stowe at their home. A year of probation was added to her drunken driving conviction after the assault.







Police Have an Arrest Warrant Out for the Wife of a Grand Traverse County Judge
Posted: Apr 11, 2012 6:09 PM CDT
Updated: Apr 18, 2012 6:10 PM CDT
9 and 10 News
http://www.9and10news.com/story/17389068/police-have-an-arrest-warrant-out-for-the-wife-of-a-grand-traverse-county-judge

Police have an arrest warrant out for the wife of a Grand Traverse County judge.

Court records show Cynthia Stowe failed an alcohol breath test, violating her probation.

Cynthia is probate Judge David Stowe's wife.

Last summer, she was arrested for drunk driving, and in January, she was in court for assaulting her husband.

A judge added an additional year of probation following the attack.











Judge's wife released from jail

February 25, 2012
Brian McGillivary
The Record-Eagle
http://webcache.googleusercontent.com/search?q=cache:JZTVAwa2a3YJ:record-eagle.com/local/x1513923359/Judges-wife-released-from-jail+&cd=3&hl=en&ct=clnk&gl=us

Traverse City - Authorities dropped domestic assault charges against a local judge's wife and released her from jail after she agreed to stiffer probation requirements tied to a previous drunken-driving conviction.

Cynthia Stowe allegedly assaulted her husband, Grand Traverse County Probate Judge David Stowe, on Jan 30 at their Long Lake Township home. On Friday, she agreed to an additional year of probation in a plea agreement with Special Prosecutor Charles Koop of Antrim County.

The defendant, in the people's opinion, has an alcohol problem that was not under control," Koop said. "The family was in crisis and needed some outside help. This will be addressed by the modified probation terms."

The new probation is stiffer than what's normally meted out for a first-time domestic violence conviction, Koop said. It also includes provisions for Cynthia Stowe, 50, to undergo substance abuse and domestic violence counseling and monitoring until August 2013.

Cynthia Stowe stood in court alone on Friday, dressed in jail orange and an oversized jail coat, and dabbed at tears. She spent two days in jail because she consumed alcohol, a violation of bond conditions placed on her after the domestic violence arrest.

David Stowe, in his courtroom one floor above the courtroom where his wife appeared, did not attend the hearing.

"It's a family matter and as much as I wanted to be there, it's not something I can involve myself in as a judge," David Stowe said.

Defense attorney, Craig Elhart called the plea deal a "satisfactory resolution for everyone," and said Cynthia Stowe would return home on Friday.

David Stowe and Elhart denied an assault occurred on Jan. 30.

Koop said he believes otherwise, but said it would be difficult to prove the case because David Stowe refused to cooperate with authorities and Cynthia Stowe's 16-year-old son - who called 911 that evening to report the incident - changed his story.

"These are hard cases and I didn't do this just because she is married to a judge," Koop said.

The son called 911 that evening to report his mother was drinking heavily and hitting his stepfather, David Stowe.

"She attempted to hit me," the son told the 911 dispatcher. "I blocked, and Dave has been getting in the way and she keeps hitting him across the face, like punching him hard."

"Yeah, I just had to do this," he told the dispatcher. "This has happened way too many times and it's gone too far this time."

When David Stowe discovered his stepson called 911 and deputies were on the eay, he told the boy he was leaving the house and that the teen should, as well. The boy pleaded for David Stowe to stay, according to the 911 recording the Record-Eagle obtained through a state Freedom of Information Act request.

"You can't leave," the boy said. "You have to stay, please. I need somebody to back me up, Dave."

David Stowe agreed to remain in the house after he spoke with the dispatcher.

Sheriff's deputies reported David Stowe was bleeding from scratches on his neck, but he refused to allow officers to photograph his injuries, Koop said.

The boy changed his story in a follow-up interview that didn't occur until Thursday because deputies couldn't locate him, Koop said.

"This is not uncommon in domestic violence cases where the person who is assaulted doesn't want to go forward," Koop said. "This is a good example of how domestic violence crosses all stratum. A lot of time we don't think of professional people being battered.

David Stowe said the incident provided him a sense of empathy for what others encounter in the criminal justice system, but he declined to discuss the incident.

"We all have issues in our personal life like anyone else and I'm hopeful that we respect the personal lives of people," David Stowe said.

David Stowe was elected to the probate judge post in 2000. Cynthia Stowe is a former family court employee who worked under Stowe from 2002 to 2005.

The two began a romantic relationship while she worked for him; previous to Stowe's hiring of the then-Cynthia Curry, David Stowe oversaw child custody matters in her divorce case. David Stowe and Cynthia Curry married in early 2009.

Benzie Circuit Court Judge James Batzer in September sentenced Cynthia Stowe to a day in jail and a year of probation after she pleaded guilty to a misdemeanor count of operating a vehicle with a high blood-alcohol content.

She was arrested Aug. 6 and police reported her blood-alcohol level was nearly three times the state's legal limit for intoxication.

She may yet face a probation violation hearing for that charge, and if she again violates her probation Koop can reinstate domestic violence charges.

Eighty-Sixth District Court Judge Michael Haley brokered Friday's plea deal through a phone conference with Batzer, but the deal doesn't take effect until Batzer signs the modified probation terms.









Judge's wife violates bond, goes to jail
February 23, 2012
Art Bukowski
The Record-Eagle
http://webcache.googleusercontent.com/search?q=cache:Eu2Baf62i7IJ:record-eagle.com/local/x1222572165/Judges-wife-violates-bond-goes-to-jail+&cd=2&hl=en&ct=clnk&gl=us

Traverse City - A local judge's wife went to jail after authorities said she violated her bond on a domestic violence arrest.

Cynthia Stowe, wife of Probate Judge David Stowe, tested positive for alcohol consumption on two separate breath test this month, authorities said. Bond set after a Jan. 30 domestic violence arrest required her to periodically blow into a home testing device.

Her bond included a provision that she not consume alcohol, among several other restrictions.

District Judge Michael Haley on Wednesday revoked Stowe's bond and sent her to jail pending the outcome of the domestic violence charge. She also was arraigned on that charge Wednesday.

Grand Traverse County Sheriff's deputies arrested Stowe after a January altercation at the Long Lake Township home where she lived with David Stowe. her son called police to say she had assaulted David Stowe, police said.

Defense attorney Craig Elhart on Wednesday asked for a hearing on the alleged bond violations. Cynthia Stowe, 50, blamed the failure of the alcohol tests on a dessert that contained rum and a medication given after a dental appointment. Haley wasn't sympathetic.

"That's just inane to offer that as an excuse," he said, of the rum dessert explanation.

David Stowe was elected to the probate judge post in 2000. Cynthia Stowe - known as Cynthia Curry prior to her marriage to Stowe - is a former family court employee who worked under Stowe from 2002 to 2005.

The two began a relationship while they both worked in the court, and David oversaw child custody matters in Cynthia's divorce case. David subsequently fired the county's family court administrator for reporting the relationship to county officials. The county later paid a $69,000 settlement to that ex-employee.

David and Cynthia married in early 2009.

A Benzie Circuit judge in September sentenced Cynthia Stowe to a day in jail and a year probation after she pleaded guily to a misdemeanor count of operating a vehicle with a high-blood alcohol count.

Saturday, September 1, 2012

09012012 - Officer James Moore - Detroit PD

In September, Detroit Police Officer James Moore assaulted his wife. Within 30 days of that assault, Moore assaulted his girlfriend: Officer Deloma Stone. 

Moore was not arrested for either assault. He was not charged with domestic violence. He was not even fired or suspended from the DPD.

Instead, the Detroit PD simply demoted Moore. That's all...









DPD commander demoted after domestic violence allegations
Posted: Oct 30, 2012 3:34 PM CDT
Updated: Oct 30, 2012 9:04 PM CDT
By Fox 2 News Staff
http://www.myfoxdetroit.com/story/19956402/sources-dpd-commander-demoted-after-domestic-violence-allegations

DETROIT (WJBK) -- The Detroit Police Department says they have demoted Commander James Moore two ranks to lieutenant. The move comes after Fox 2 reported that Moore was under investigation by internal affairs for two alleged domestic violence incidents.

Earlier this month, Fox 2's Ronnie Dahl explained that the incidents reportedly took place over a 30 day period and involved Detroit police officer Deloma Stone.

"Based on the seriousness of these allegations, his role as commander was compromised in the police department and in the community. Standards for appointees are higher than that of other ranking officers. There are consequences for any allegation of inappropriate behavior. We will investigate all reports of misconduct," Interim Chief of Police Chester Logan said in a statement.

"The chief's action is consistent with my desire to eliminate improper behavior in the police department and all City of Detroit departments," said Mayor Dave Bing. "Employee misconduct will not be tolerated."

Moore told Dahl by phone that he wasn't romantically involved with Stone and had done nothing wrong.

Dahl also reported that while the case was presented to the Wayne County Prosecutor's Office, there would be no criminal charges because Stone was not "cooperating with the investigation".

The mayor's office says Moore has been with the police department since 1978 and was elevated to the rank of commander in 2007.









Detroit Cop Beat Goes on as Inspector's Johnson Exposed
Posted: Oct 26, 2012 12:52 PM CDT
Updated: Oct 26, 2012 3:58 PM CDT
By Charlie LeDuff
FOX 2 News
http://www.myfoxdetroit.com/story/19925812/johnson-text-the-latest-in-laundry-list-of-detroit-police-sex-scandals

DETROIT (WJBK) - Super cop Don Johnson - caught super-exposed?

Nobody can accuse the Detroit Police department these days of being anything less than transparent. After placing a call to the mayor's office, Inspector Don Johnson, commanding officer of the Homeland Security division, was suspended with pay pending the results of an Internal Affairs investigation. Police sources say Johnson apparently texted a female subordinate a snapshot of his "johnson."

We're also told the female subordinate is married but the photograph was found by her boyfriend, also a cop and also her subordinate.

Trying to get our hands around this one, we reached out to Johnson. He is on a pre-planned vacation, which is a regrettable stroke of coincidence seeing as the Worlld Series is in town this weekend.

So what in the world is going on in the Detroit Police Department? Remember earlier this month that Chief Ralph Godbee was forced to resign in a sex and text scandal of his own after a scorned female officer tweeted a photograph of herself with her lips wrapped around her service revolver? Godbee dispatched a group of undercover cops to track her down.

Godbee was in San Diego at the time attending a police convention. It was revealed that he was there canoodling with another woman who stayed in his room, which was paid for with money seized from Detroit drug dealers.

In a limp defense, Godbee insisted the room had two beds and the two never commingled. But according to reservation documents obtained under the Freedom of information act, Godbee booked a room with only one bed. According to city lawyers, Godbee has not turned in his receipts.

In a tidy bit of synchronicity, it happens that Inspector Johnson made the San Diego trip too. One can only imagine the late night bar scene at that hotel. Hot dog!

The whole scene is more shabby than an Eight-Mile motel room rented by the hour. Because this isn't even the SECOND sex scandal to hit the Motor City this week.

Consider Detroit Police Commander James Moore is also being investigated by Internal Affairs for punching a female officer, one of two domestic violence incidents between the two in a 30-day period.

Moore said he has done nothing wrong and denied that he and the female officer are romantically involved. After all the female officer lives at his Detroit home sure, but Moore lives with his wife and children in the suburbs!

Then consider that Third Circuit Court Judge Wade McCree was publicly reprimanded by the Michigan Supreme Court this week for texting a naked portrait of himself to a female bailiff.

When we showed the barrister the shower scene photograph of him in his birthday suit last April, Hizzoner crowed: "Hot Dog. Yep that's me. There's no shame in my game!"

Hot Dog, indeed!

No wonder we can't catch or convict criminals in Detroit. Our public officials are obviously distracted, carrying on like they're at a cocktail party at Larry Flynt's pleasure palace. Maybe it's time to put some shame in the game.















DPD commander being investigated by internal affairs
Posted: Oct 22, 2012 10:36 PM CDT
Updated: Oct 22, 2012 10:37 PM CDT
By Ronnie Dahl
FOX 2 News Reporter
http://www.myfoxdetroit.com/story/19887018/dpd-commander-being-investigated-by-internal-affairs


DETROIT -- For several weeks, FOX 2 has learned the Detroit Police Department's Internal Affairs Division has been investigating the alleged actions of Commander James Moore. Within a 30 day period, he was reportedly involved in two domestic violence incidents with fellow female officer Deloma Stone.

"You may know more about that than I do at this point, but I will say to you that it will be dealt with," Mayor Dave Bing said.

According to internal affairs, Stone's young son called 911 in September and reported his mom had been assaulted by Moore outside a liquor store.

Not long afterwards, Detroit police were called to a home on Strathmoor on the city's west side. It's owned by Moore, but Stone was living there at the time. She told dispatchers she was having problems with her partner. When cops arrived, Moore was already gone.

Bing was asked about the incident during a press conference Monday.

"We've had issues in our police department with these kind of relationships, and it's not something that we accept," he said.

Bing pledged change is on the way.

"We are going to have some different policies that are going to come out that the city has never had before, and I'm probably a week, two weeks away from getting that (drafted) and (finalizing) that."

We were unable to reach Stone, and Moore wasn't home when we stopped by his house. The married father later told us by phone he has done nothing wrong and is not involved romantically with Stone.

We have learned this case was turned over to the Wayne County Prosecutor's Office, but no criminal charges will be filed because Stone is not cooperating with the investigation. Meanwhile, Moore could still be in trouble with the police department for not reporting the use of force.





Sunday, August 12, 2012

08122012 - Dispatcher Sonte Rounda Everson Lawsuit Against Detective Picketts Jr.

Also See:
http://michiganoidv.blogspot.com/2004/12/officer-doug-graham-battle-creek-pd.html


An OIDV victim's horror story at the hands of Detective Guy Picketts Jr. [Calhoun SD]

December 16, 2004: Dispatcher Sonte Rounda Everson [Battle Creek PD] was sexually assaulted by her ex-boyfriend, Officer Doug Graham [also of the Battle Creek PD]. However, Sonte was afraid to report the incident, and did not report it for almost a year and only at the urging of her counselor.

September 2005: Dispatcher Everson reported the December assault to Detective Guy Picketts Jr. [Calhoun SD], who failed to properly investigate her complaint.

August 16, 2006: Everson filed a complaint against Detective Picketts for his failure to properly investigate her complaint.

August 22, 2006: Detective Picketts had Everson charged and arrested for filing a false police report [December 16, 2004 assault].

May 2007: At a court hearing, the charges for filing a false police report against Everson were dropped.

May 2007: As Everson was leaving the courthouse from having the charges dropped, Detective Pickett had her re-charged and re-arrested on new charges for filing a false police report.

February 2008: Charges of filing a false police report were once again dismissed against Everson.

August 12, 2012: Everson won a $1,000,000 lawsuit for the retaliation she was subjected to at the hands of Detective Guy Picketts.

"This has been a long ordeal. To survivors of sexual assault and domestic violence, know that you have the right to stand up for your life, no matter who the perpetrator is. Justice will eventually prevail." Sonte Rolina Everson.

           







Linda Everson, Named As "Linda (Sonte) Everson," Aka Sonte v. Calhoun County, et al
http://www.law.com/jsp/decision_friendly.jsp?id=1202489051659
6th Cir.
01-24-2011
Cole, Circuit Judge.
09-2183
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0053n.06
BEFORE: BOGGS, COLE, and CLAY, Circuit Judges.

OPINION

In this 42 U.S.C. § 1983 action for First Amendment retaliation, Defendant-Appellant Gary Picketts appeals on qualified immunity grounds the district court's order granting in part and denying in part his motion to dismiss and alternative motion for summary judgment.*fn1 For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual History

1. The Police Report & Initial Investigation of Graham In September 2005, Plaintiff-Appellee Linda Everson reported to the Calhoun County Sheriff's Office that, on December 16, 2004, her then-boyfriend Officer Doug Graham of the Battle Creek Police Department forcibly sodomized her during an otherwise-consensual sexual encounter. She stated that she had broken up with Graham and, unsure how to proceed, confided in friends, a counselor, and her physician about the sexual assault before finally deciding to file a police report.

Calhoun County Detective Guy Picketts handled the investigation into Graham's conduct. He interviewed Everson; several of Everson's friends and coworkers in the police department, all of whom confirmed that Everson reported being sexually assaulted by Graham; and Everson's doctor. He also interviewed Graham, who denied that the sodomy occurred and suggested that Everson filed the report out of spite when she found out that he was marrying another woman. Picketts interviewed Everson's friend Sheri Lemonious as well. Although Picketts reported in 2005 that Lemonious said Everson described the sodomy as consensual, Lemonious attested in 2009 that she told Picketts the opposite. Everson alleges that Picketts failed to interview several important witnesses during his investigation.

Picketts submitted a report of his investigation to the Calhoun County Prosecutor's Office, which recused itself on conflict-of-interest grounds. In January 2006, the Branch County prosecutor reviewed Picketts's report and declined to prosecute Graham for sexual assault.

2. Everson's Speech

Upset by the decision not to prosecute, Everson publicly criticized Picketts loudly and repeatedly, accusing him of not doing his job and being "just part of the good ole boy system." She mentioned her complaints to colleagues in law enforcement, at least one of whom relayed her statements to Picketts. Everson also met with Picketts's boss on August 16, 2006, to initiate a formal complaint against Picketts and sent a letter to the Calhoun County prosecutor on August 31, 2006, asking him to take action about her concerns regarding Picketts's investigation of Graham.

3. Picketts's Investigation & Arrest of Everson

Picketts began documenting Everson's comments in a new investigative report-this time against Everson. On August 22, 2006, Picketts interviewed Ethel Fitzpatrick ("Mrs. Fitzpatrick"), Everson's former friend, who stated that Everson had told her that the sexual assault had never occurred. Picketts did not confront Everson about the allegations, and eight days later, he requested an arrest warrant for Everson for the felony of filing a false police report. Everson alleges that Picketts opened the investigation against her before he interviewed Mrs. Fitzpatrick. Everson also alleges that Picketts lied about the first time he met Mrs. Fitzpatrick. Keith Fitzpatrick ("Mr. Fitzpatrick"), Mrs. Fitzpatrick's husband, asserts that at some point Picketts came to their house, told them that he had a personal dispute with Everson, and spoke with Mrs. Fitzpatrick at length and in private. Mr. Fitzpatrick attested that he could not remember whether the in-home meeting took place before or after the August 22, 2006 interview. But he also stated that he had never seen Picketts before the in-home meeting, and both Fitzpatricks were present for the August 22, 2006 interview.

Calhoun County did not recuse itself from the case against Everson, but rather charged her with filing a false police report. After a preliminary hearing, the Michigan district court found probable cause that Everson had committed the crime and bound her over to the circuit court for trial. The circuit court quashed the bind-over and dismissed the case for lack of evidence. Everson was then rearrested on the same charges, and the case was transferred to Kalamazoo County. On February 1, 2008, the Kalamazoo County Prosecutor dismissed all charges against Everson "in the best interests of justice."

B. Procedural History
Everson filed a complaint against Calhoun County, the prosecutor, and Picketts (collectively, "Defendants") under § 1983, alleging that their actions (1) violated her equal protection rights; and (2) constituted illegal retaliation for the lawful exercise of her First Amendment rights. In response, Defendants filed a motion to dismiss and, in the alternative, a motion for summary judgment. After oral argument, the district court issued an order (1) dismissing the equal protection claim; (2) dismissing the retaliation claim against the prosecutor on absolute prosecutorial immunity grounds; (3) denying the motion in all other respects as to Picketts; and (4) denying the motion in all other respects as to Calhoun County without prejudice to renewal of the motion after the close of all discovery. Picketts filed this appeal, alleging that the district court erred in failing to dismiss all claims against him on qualified immunity grounds.

II. DISCUSSION

A. Standard of Review

This court reviews a district court's denial of summary judgment on qualified immunity grounds de novo. Gregory v. City of Louisville, 444 F.3d 725, 742 (6th Cir. 2006). "We may only review the denial of qualified immunity to the extent that the 'appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law.'" Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008) (quoting Gregory, 444 F.3d at 742). The defendant must "be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal." Moldowan v. City of Warren, 578 F.3d 351, 370 (6th Cir. 2009).

B. Analysis

In determining whether qualified immunity applies, this court employs a two-step test, considering (1) whether, viewing the allegations in the light most favorable to the injured party, a constitutional right has been violated; and (2) whether that right was clearly established. Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008). We have discretion to undertake the steps in either order. Pearson v. Callahan, 129 S. Ct. 808, 818 (2009).

It is clearly established that "the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out." Hartman v. Moore, 547 U.S. 250, 256 (2006). To state a prima facie First Amendment retaliation claim, Everson must establish (1) protected speech; (2) injury as a result of defendant's actions; and (3) causation. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977).

Picketts first argues that Everson's allegations do not constitute a prima facie retaliation claim because they fail to establish a lack of probable cause, an element of causation. He is correct that § 1983 claims for retaliatory prosecution and arrest fail as a matter of law if the defendant had probable cause. See Hartman, 547 U.S. at 261-62 (Bivens claim for retaliatory prosecution); Barnes v. Wright, 449 F.3d 709, 720 (6th Cir. 2006) (retaliatory arrest). Probable cause exists when an officer has reasonably trustworthy information sufficient to warrant a prudent person in believing that a suspect has committed a crime. Gardenhire v. Schubert, 205 F.3d 303, 315 (6th Cir. 2000). In determining whether probable cause existed in this case, we examine the totality of the circumstances from the perspective of the arresting officer at the time of the arrest. Parsons v. City of Pontiac, 533 F.3d 492, 501 (6th Cir. 2008). In § 1983 actions, the existence of probable cause is a jury question unless only one reasonable determination is possible. Id. (citing Fridley v. Horrighs, 291 F.3d 867, 872 (6th Cir. 2002)).

In this case, there are genuine disputes of material fact about whether Picketts intentionally changed Lemonious's statement in his report, spoke privately with Mrs. Fitzpatrick in her home at length before she gave her formal statement, and influenced the content of Mrs. Fitzpatrick's statement. Viewing the facts in the light most favorable to Everson, a reasonable jury could find that, at the time Picketts sought an arrest warrant for Everson, the information he had collected against her was not reasonably trustworthy. Because more than one reasonable determination as to probable cause is possible, it is therefore appropriate to allow the case to proceed to trial.

Picketts's argument that this court should accept the prosecutor's and state court's findings of probable cause as evidence that probable cause existed is inapposite. Because these probable cause determinations were based only on the evidence that Picketts included in his report-which did not describe the circumstances, as alleged by the plaintiff, surrounding Lemonious's and Mrs. Fitzpatrick's statements-we do not find them probative to the issue of whether Picketts had sufficient reasonably trustworthy information at the time of the arrest.

Picketts also contends that the district court's finding that genuine issues of material fact exist was erroneous because it relied on a series of unreasonable adverse inferences and omitted a number of relevant facts. But the "contention that the district court erred in finding a genuine issue of fact for trial is not the type of legal question which we may entertain on an interlocutory basis." Gregory, 444 F.3d at 743. Although this court has recognized an apparent exception "'where the trial court's determination that a fact is subject to reasonable dispute is blatantly and demonstrably false,'" Moldowan, 578 F.3d at 370 (quoting Wysong v. Heath, 260 F. App'x 848, 853 (6th Cir. 2008)) (internal quotation marks omitted), that exception does not apply here. The district court noted the following disputed facts, among others: (1) when Picketts opened his investigation into Everson; (2) whether Lemonious told Picketts that Everson said she had not been raped; and (3) when and how Mrs. Fitzpatrick surfaced as a witness. All of these facts are material to the existence of probable cause. These facts are also genuinely in dispute: each party answers these questions differently, each party's allegations of fact are supported by witness statements, and no objective evidence makes one party's allegations obviously false. Cf. Scott v. Harris, 550 U.S. 372, 380-81 (2007) (finding no genuine dispute of material fact where video evidence blatantly contradicted the plaintiff's allegation that he was driving carefully). Because the district court's finding of genuine issues of material fact was not blatantly and demonstrably false, we lack jurisdiction to undertake further review in this regard.

III. CONCLUSION

For the reasons discussed above, we AFFIRM the judgment of the district court denying Picketts's motion for summary judgment.

Opinion Footnotes

*fn1 Defendant Calhoun County appealed the district court's determination that it was not entitled to sovereign immunity, but withdrew its appeal of this issue at oral argument.

08122012 - Detective Guy Picketts Jr - Calhoun SD

Also See:
http://michiganoidv.blogspot.com/2004/12/officer-doug-graham-battle-creek-pd.html


An OIDV victim's horror story at the hands of Detective Guy Picketts Jr. [Calhoun SD]

December 16, 2004: Dispatcher Sonte Rounda Everson [Battle Creek PD] was sexually assaulted by her ex-boyfriend, Officer Doug Graham [also of the Battle Creek PD]. However, Sonte was afraid to report the incident, and did not report it for almost a year and only at the urging of her counselor.

September 2005: Dispatcher Everson reported the December assault to Detective Guy Picketts Jr. [Calhoun SD], who failed to properly investigate her complaint.

August 16, 2006: Everson filed a complaint against Detective Picketts for his failure to properly investigate her complaint.

August 22, 2006: Detective Picketts had Everson charged and arrested for filing a false police report [December 16, 2004 assault].

May 2007: At a court hearing, the charges for filing a false police report against Everson were dropped.

May 2007: As Everson was leaving the courthouse from having the charges dropped, Detective Pickett had her re-charged and re-arrested on new charges for filing a false police report.

February 2008: Charges of filing a false police report were once again dismissed against Everson.

August 12, 2012: Everson won a $1,000,000 lawsuit for the retaliation she was subjected to at the hands of Detective Guy Picketts.

"This has been a long ordeal. To survivors of sexual assault and domestic violence, know that you have the right to stand up for your life, no matter who the perpetrator is. Justice will eventually prevail." Sonte Rolina Everson.

           







Linda Everson, Named As "Linda (Sonte) Everson," Aka Sonte v. Calhoun County, et al
http://www.law.com/jsp/decision_friendly.jsp?id=1202489051659
6th Cir.
01-24-2011
Cole, Circuit Judge.
09-2183
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0053n.06
BEFORE: BOGGS, COLE, and CLAY, Circuit Judges.

OPINION

In this 42 U.S.C. § 1983 action for First Amendment retaliation, Defendant-Appellant Gary Picketts appeals on qualified immunity grounds the district court's order granting in part and denying in part his motion to dismiss and alternative motion for summary judgment.*fn1 For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual History

1. The Police Report & Initial Investigation of Graham In September 2005, Plaintiff-Appellee Linda Everson reported to the Calhoun County Sheriff's Office that, on December 16, 2004, her then-boyfriend Officer Doug Graham of the Battle Creek Police Department forcibly sodomized her during an otherwise-consensual sexual encounter. She stated that she had broken up with Graham and, unsure how to proceed, confided in friends, a counselor, and her physician about the sexual assault before finally deciding to file a police report.

Calhoun County Detective Guy Picketts handled the investigation into Graham's conduct. He interviewed Everson; several of Everson's friends and coworkers in the police department, all of whom confirmed that Everson reported being sexually assaulted by Graham; and Everson's doctor. He also interviewed Graham, who denied that the sodomy occurred and suggested that Everson filed the report out of spite when she found out that he was marrying another woman. Picketts interviewed Everson's friend Sheri Lemonious as well. Although Picketts reported in 2005 that Lemonious said Everson described the sodomy as consensual, Lemonious attested in 2009 that she told Picketts the opposite. Everson alleges that Picketts failed to interview several important witnesses during his investigation.

Picketts submitted a report of his investigation to the Calhoun County Prosecutor's Office, which recused itself on conflict-of-interest grounds. In January 2006, the Branch County prosecutor reviewed Picketts's report and declined to prosecute Graham for sexual assault.

2. Everson's Speech

Upset by the decision not to prosecute, Everson publicly criticized Picketts loudly and repeatedly, accusing him of not doing his job and being "just part of the good ole boy system." She mentioned her complaints to colleagues in law enforcement, at least one of whom relayed her statements to Picketts. Everson also met with Picketts's boss on August 16, 2006, to initiate a formal complaint against Picketts and sent a letter to the Calhoun County prosecutor on August 31, 2006, asking him to take action about her concerns regarding Picketts's investigation of Graham.

3. Picketts's Investigation & Arrest of Everson

Picketts began documenting Everson's comments in a new investigative report-this time against Everson. On August 22, 2006, Picketts interviewed Ethel Fitzpatrick ("Mrs. Fitzpatrick"), Everson's former friend, who stated that Everson had told her that the sexual assault had never occurred. Picketts did not confront Everson about the allegations, and eight days later, he requested an arrest warrant for Everson for the felony of filing a false police report. Everson alleges that Picketts opened the investigation against her before he interviewed Mrs. Fitzpatrick. Everson also alleges that Picketts lied about the first time he met Mrs. Fitzpatrick. Keith Fitzpatrick ("Mr. Fitzpatrick"), Mrs. Fitzpatrick's husband, asserts that at some point Picketts came to their house, told them that he had a personal dispute with Everson, and spoke with Mrs. Fitzpatrick at length and in private. Mr. Fitzpatrick attested that he could not remember whether the in-home meeting took place before or after the August 22, 2006 interview. But he also stated that he had never seen Picketts before the in-home meeting, and both Fitzpatricks were present for the August 22, 2006 interview.

Calhoun County did not recuse itself from the case against Everson, but rather charged her with filing a false police report. After a preliminary hearing, the Michigan district court found probable cause that Everson had committed the crime and bound her over to the circuit court for trial. The circuit court quashed the bind-over and dismissed the case for lack of evidence. Everson was then rearrested on the same charges, and the case was transferred to Kalamazoo County. On February 1, 2008, the Kalamazoo County Prosecutor dismissed all charges against Everson "in the best interests of justice."

B. Procedural History
Everson filed a complaint against Calhoun County, the prosecutor, and Picketts (collectively, "Defendants") under § 1983, alleging that their actions (1) violated her equal protection rights; and (2) constituted illegal retaliation for the lawful exercise of her First Amendment rights. In response, Defendants filed a motion to dismiss and, in the alternative, a motion for summary judgment. After oral argument, the district court issued an order (1) dismissing the equal protection claim; (2) dismissing the retaliation claim against the prosecutor on absolute prosecutorial immunity grounds; (3) denying the motion in all other respects as to Picketts; and (4) denying the motion in all other respects as to Calhoun County without prejudice to renewal of the motion after the close of all discovery. Picketts filed this appeal, alleging that the district court erred in failing to dismiss all claims against him on qualified immunity grounds.

II. DISCUSSION

A. Standard of Review

This court reviews a district court's denial of summary judgment on qualified immunity grounds de novo. Gregory v. City of Louisville, 444 F.3d 725, 742 (6th Cir. 2006). "We may only review the denial of qualified immunity to the extent that the 'appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law.'" Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008) (quoting Gregory, 444 F.3d at 742). The defendant must "be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal." Moldowan v. City of Warren, 578 F.3d 351, 370 (6th Cir. 2009).

B. Analysis

In determining whether qualified immunity applies, this court employs a two-step test, considering (1) whether, viewing the allegations in the light most favorable to the injured party, a constitutional right has been violated; and (2) whether that right was clearly established. Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008). We have discretion to undertake the steps in either order. Pearson v. Callahan, 129 S. Ct. 808, 818 (2009).

It is clearly established that "the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out." Hartman v. Moore, 547 U.S. 250, 256 (2006). To state a prima facie First Amendment retaliation claim, Everson must establish (1) protected speech; (2) injury as a result of defendant's actions; and (3) causation. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977).

Picketts first argues that Everson's allegations do not constitute a prima facie retaliation claim because they fail to establish a lack of probable cause, an element of causation. He is correct that § 1983 claims for retaliatory prosecution and arrest fail as a matter of law if the defendant had probable cause. See Hartman, 547 U.S. at 261-62 (Bivens claim for retaliatory prosecution); Barnes v. Wright, 449 F.3d 709, 720 (6th Cir. 2006) (retaliatory arrest). Probable cause exists when an officer has reasonably trustworthy information sufficient to warrant a prudent person in believing that a suspect has committed a crime. Gardenhire v. Schubert, 205 F.3d 303, 315 (6th Cir. 2000). In determining whether probable cause existed in this case, we examine the totality of the circumstances from the perspective of the arresting officer at the time of the arrest. Parsons v. City of Pontiac, 533 F.3d 492, 501 (6th Cir. 2008). In § 1983 actions, the existence of probable cause is a jury question unless only one reasonable determination is possible. Id. (citing Fridley v. Horrighs, 291 F.3d 867, 872 (6th Cir. 2002)).

In this case, there are genuine disputes of material fact about whether Picketts intentionally changed Lemonious's statement in his report, spoke privately with Mrs. Fitzpatrick in her home at length before she gave her formal statement, and influenced the content of Mrs. Fitzpatrick's statement. Viewing the facts in the light most favorable to Everson, a reasonable jury could find that, at the time Picketts sought an arrest warrant for Everson, the information he had collected against her was not reasonably trustworthy. Because more than one reasonable determination as to probable cause is possible, it is therefore appropriate to allow the case to proceed to trial.

Picketts's argument that this court should accept the prosecutor's and state court's findings of probable cause as evidence that probable cause existed is inapposite. Because these probable cause determinations were based only on the evidence that Picketts included in his report-which did not describe the circumstances, as alleged by the plaintiff, surrounding Lemonious's and Mrs. Fitzpatrick's statements-we do not find them probative to the issue of whether Picketts had sufficient reasonably trustworthy information at the time of the arrest.

Picketts also contends that the district court's finding that genuine issues of material fact exist was erroneous because it relied on a series of unreasonable adverse inferences and omitted a number of relevant facts. But the "contention that the district court erred in finding a genuine issue of fact for trial is not the type of legal question which we may entertain on an interlocutory basis." Gregory, 444 F.3d at 743. Although this court has recognized an apparent exception "'where the trial court's determination that a fact is subject to reasonable dispute is blatantly and demonstrably false,'" Moldowan, 578 F.3d at 370 (quoting Wysong v. Heath, 260 F. App'x 848, 853 (6th Cir. 2008)) (internal quotation marks omitted), that exception does not apply here. The district court noted the following disputed facts, among others: (1) when Picketts opened his investigation into Everson; (2) whether Lemonious told Picketts that Everson said she had not been raped; and (3) when and how Mrs. Fitzpatrick surfaced as a witness. All of these facts are material to the existence of probable cause. These facts are also genuinely in dispute: each party answers these questions differently, each party's allegations of fact are supported by witness statements, and no objective evidence makes one party's allegations obviously false. Cf. Scott v. Harris, 550 U.S. 372, 380-81 (2007) (finding no genuine dispute of material fact where video evidence blatantly contradicted the plaintiff's allegation that he was driving carefully). Because the district court's finding of genuine issues of material fact was not blatantly and demonstrably false, we lack jurisdiction to undertake further review in this regard.

III. CONCLUSION

For the reasons discussed above, we AFFIRM the judgment of the district court denying Picketts's motion for summary judgment.

Opinion Footnotes

*fn1 Defendant Calhoun County appealed the district court's determination that it was not entitled to sovereign immunity, but withdrew its appeal of this issue at oral argument.

Monday, August 6, 2012

08062012 - Deputy Joseph Clewley - Sentenced - Ingham SD

Also See:



Deputy Joseph Clewley - Charged with child abuse [May 05, 2012]




Attorney: Former Ingham County Sheriff's detective's hitting teenage son was 'a 30- or 45-second event that changed the course of his life'
Published: Monday, August 06, 2012, 3:39 PM
Updated: Monday, August 06, 2012, 3:41 PM
Brandon Howell
MLive.com
http://www.mlive.com/lansing-news/index.ssf/2012/08/attorney_former_ingham_county.html



MASON, MI -- Taking several long pauses to compose himself and his voice shaking, Joseph Clewley delivered an emotional apology to the court for striking his 13-year-old son.

"I've had 50 percent custody of my boys since they were 3 and 5," he said at his sentencing hearing Monday. "I've raised them essentially as a single parent from 2004 to 2011 -- I just recently got remarried.

"I love my boys. I would do anything for my boys," Clewley said, fighting back tears.

Ingham District Judge Donald Allen sentenced Clewley to six months probation,$760 in fines and costs, anger management and counseling and five days of community service. Clewley is not allowed to patronize locations where alcohol or controlled substances are consumed.

Clewley, 46, of Leslie, struck his son on May 5, court records show. On May 24, he was charged with third-degree child abuse, a two-year felony, and suspended from the Ingham County Sheriff's Office.

"This incident I'm very sorry for," Clewley told Allen. "I reacted to an incident between the two of them (his sons)... I've taken extensive parenting classes. I have listened to audio, read two books, been to group therapy for parental concerns and how to raise children. I have learned a lot.

"I'm open to new theories and information on how handle stress, stress management, anger, and anger management. Continuing to search out answers on how to prevent this from happening again."

Clewley pleaded to a lesser charge of aggravated domestic violence, a three-year misdemeanor, in late June. He was terminated from the Sheriff's Office on July 19, according to Major Sam Davis. Clewley had served with the agency for 12 years, most recently as a detective.

Prior to Allen's ruling, Clewley's attorney, Nick Bostic, asked the judge to avoid jail time for his client. Bostic urged Allen to consider Clewley's circumstances.

"Obviously, people don't come into court as police officers and have any expectation of being treated special or getting a special break," Bostic said. "But we have a situation where Mr. Clewley has lost his employment...and it's the kind of job it's what you are, it's not just what you do. That's devastated him.

"(It was) a 30- or 45-second event that changed the course of his life."

Bostic also noted Clewley opted against invoking reasonable parental discipline as a defense.

"He dismissed it...because he did not want to put his children through that," Bostic said. "If you think that Joe Clewley is the kind of guy that would add stress and anxiety and burden his children for himself, then you don't know Joe Clewley."

Allen said he was not prepared to incarcerate Clewley, adding he had read "half a dozen or more" letters submitted in Clewley's defense. Some were from former law enforcment coworkers, and one was from Clewley's brother, explaining their upbringing, the judge said.

Allen asked what Clewley has learned thus far in his parenting counseling.

"Parenting is always a perpetual learning curve," Clewley responded. "I'm going to put the parenting styles I've learned into action as I slowly get more visitation with my boys and try to fix and repair the damage that I have done. I'm going to continue to seek help in trying to manage my life, the stress."

"So that's kind of where you're at, just a continued work in progress?" Allen asked.

"Yes sir," Clewley replied. "I assure the court that this will never happen again."

Allen said the sentence he imposed aims to bring Clewley's assertion to fruition.

"I want to make sure that this does not replicate itself," Allen said. "I'm encouraged by the fact that you're saying that it will not happen, but I want to make sure that we put in place safeguards to try and keep it from happening as well."

The conviction will be stricken from Clewley's record, Allen ruled, if he successfully completes the probation term. Clewley is scheduled for review in February 2013, court records show.













Former Ingham County sheriff's detective sentenced to probation for striking son
Published: Monday, August 06, 2012, 2:24 PM Updated: Monday, August 06, 2012, 3:34 PM
Brandon Howell
MLive
http://www.mlive.com/lansing-news/index.ssf/2012/08/former_ingham_county_sheriffs.html


MASON, MI -- A judge on Monday sentenced a former Ingham County sheriff's detective to probation and other recompense for striking his 13-year-old son.

Joseph Clewley, 45, of Leslie, was sentenced to six months probation, $760 in fines and costs, and anger management and counseling. Ingham District Judge Donald Allen also ruled Clewley is not allowed to patronize locations where alcohol or controlled substances are consumed.

Clewley was originally charged with third-degree child abuse, a two-year felony, but pleaded to a lesser chargeof aggravated domestic violence, a three-year misdemeanor, in late June.

Clewley served with the Ingham County Sheriff's Office for 12 years. He was suspended from the agency on May 24, the same day charges against him were authorized.

The case was prosecuted by the Eaton County Prosecutor's Office. The Ingham County Prosecutor's Office recused itself due to Clewley's position with the county Sheriff's Office.

Allen ruled the criminal conviction will be removed from Clewley's record if he successfully completes probation. A violation of said probation could result in jail time.














Prosecutor: Plea deal for Ingham sheriff's detective originally charged with child abuse a 'fair and appropriate resolution'
Published: Tuesday, June 26, 2012, 5:29 PM
Updated: Tuesday, June 26, 2012, 5:31 PM
Brandon Howell
MLive
http://www.mlive.com/lansing-news/index.ssf/2012/06/prosecutor_plea_deal_for_ingha.html

Ingham County sheriff's Detective Joseph Clewley on Tuesday agreed to a plea deal reducing a felony charge resulting from his alleged abuse of his 13-year-old son in May to a misdemeanor.

The deal struck at a pretrial conference lessened a charge of third-degree child abuse, a two-year felony, to aggravated domestic violence, a one-year misdemeanor, according to Eaton County Senior Assistant Prosecutor Neil O'Brien.

Prosecutors offered Clewley, 46, of Leslie, the plea bargain after considering several important factors, O'Brien said.

"After we consulted with the child's mother and reviewed the facts, we believed that this was a fair and appropriate resolution to the case," he said. "In any case when you're talking about assaultive crimes, we're concerned from a law enforcement perspective of trying to make sure that there's going to be an impact that this prosecution has on people's behavior, and that's no different in this case."

Clewley, who has served with the Ingham County Sheriff's Office for the past 12 years, was arraigned on the child abuse charge on May 24, the same day the charge was authorized by prosecutors.

Ingham County sheriff's Chief Dep. Greg Harless previously said Clewley was suspended without pay from the department on May 24 before he was arraigned. Clewley remains suspended from work, Ingham County sheriff's Major Joel Maatman confirmed Tuesday.

The case was prosecuted by the Eaton County Prosecutor's Office. The Ingham County Prosecutor's Office recused itself due to Clewley's position with the county Sheriff's Office.

O'Brien added prosecutors were wary of calling on Clewley's son to testify against his father.

"The defendant, based on whether the case is resolved in a matter satisfactory to him, may have forced us into putting this boy on the stand, testifying against his dad to accomplish about the same outcome that we could have in this plea agreement," O'Brien said.

"There wasn't a major difference (between the two charges) in my mind. It was six of one, half a dozen of the other," he added, noting Clewley and his attorney, Nicholas Bostic, agreed to the plea deal.

O'Brien said Clewley was offered no special consideration due to his position in a law enforcement capacity.

"We are concerned with public perception of how the criminal justice system handles these matters," he said. "We're the public's agent on the side of law enforcement, but we still have to make decisions as to what the appropriate initial charge was and how to resolve it, regardless of who the defendant is.

"In this case, I don't believe it is different than just what a regular layperson defendant's outcome would have been. It's the media who seems to be focusing on who this defendant is."

Clewley is scheduled for sentencing before Ingham District Judge Donald Allen on Aug. 6 at 1:30 p.m.











Ingham County sheriff's detective pleads guilty to lesser charge stemming from alleged abuse of 13-year-old son
Published: Tuesday, June 26, 2012, 3:24 PM
Updated: Tuesday, June 26, 2012, 3:43 PM
Brandon Howell
MLive
http://www.mlive.com/lansing-news/index.ssf/2012/06/ingham_county_sheriffs_deputy.html





MASON, MI -- An Ingham County sheriff's detective pleaded guilty to a lesser charge stemming from an incident that originally resulted in his being charged with third-degree child abuse of his 13-year-old son.

Joseph Clewley, 46, of Leslie, on Tuesday pleaded guilty to aggravated assault before Ingham District Judge Donald Allen, court records show. The charge is a misdemeanor punishable by up to one year imprisonment and a $1,000 fine.

Clewley, who has served with the Ingham County Sheriff's Office for the past 12 years, was arraigned on the child abuse charge on May 24, the same day the charge was authorized by prosecutors.

Ingham County sheriff's Chief Dep. Greg Harless previously said Clewley was suspended without pay from the department on May 24 before he was arraigned.

"As soon as we found out the charge was going to be issued he was suspended," Harless said earlier this month.

Clewley remains suspended from work, the Sheriff's Office confirmed Tuesday afternoon.

The alleged incidence of abuse occurred in May, court records show.

The case is being prosecuted by the Eaton County Prosecutor's Office. The Ingham County Prosecutor's Office recused itself due to Clewley's position with the county Sheriff's Office, Harless said.

Clewley is scheduled for sentencing on Aug. 6 at 1:30 p.m.

Calls placed to the Eaton County Prosecutor's Office and Clewley's attorney, Nicholas Bostic, were not immediately returned.