Criminal sexual conduct charges filed against Genesee County Sheriff's lieutenant
MLive
Jan. 14, 2013
FLINT, MI -- A Genesee County Sheriff's lieutenant has been charged with criminal sexual conduct and stalking.
Court records show the lieutenant is charged with second-degree criminal sexual conduct and three counts of stalking.
An arrest warrant was issued for him Monday, Jan. 14 by Flint District Judge Nathaniel C. Perry III. MLive-Flint Journal is not identifying because he has not been arraigned on the charges.
Frank Manley, the attorney who represents the lieutenant, said his client was a high-ranking command officer who was well-thought of in the department.
“His career was on the ascension,” said Manley.
Genesee County Sheriff Robert Pickell said he plans to hold a press conference about the charges Tuesday, Jan. 15.
The criminal case against the lieutenant was investigated by the sheriff's department.
Pickell declined to comment on the allegations prior to the press conference.
Manley said that his office has yet to receive all the information surrounding the allegations but he said he plans a thorough defense.
Genesee Co. sheriff's lieutenant charged with criminal sex crimes
FOX66 - Mid-Michigan Now
January 15, 2013
Genesee County sheriff to discuss criminal charges against lieutenant during press conference
MLive
Jan. 15, 2013
FLINT, MI -- Genesee County Sheriff Robert Pickell will discuss the criminal sexual conduct charges filed against one of his lieutenants during a press conference Tuesday, Jan. 15.
The press conferece, scheduled for 10 a.m. at the sheriff's office in downtown Flint, was organized Monday, Jan. 14, after an arrest warrant was issued against the lieutenant.
Court records show the lieutenant is charged with second-degree criminal sexual conduct and three counts of stalking.
MLive-Flint Journal is not identifying him because he has not been arraigned on the charges.
The criminal case against the lieutenant was investigated by the sheriff's department.
Pickell's office confirmed that they have terminated the lieutenant's employment.
Flint attorney Frank Manley confirmed that he is representing the lieutenant and that he expects to present a vigorous defense against the charges.
Former Genesee County sheriff's lieutenant arraigned on charges he sexually assaulted female deputy
MLive
Jan. 15, 2013
FLINT, MI -- A former Genesee County sheriff's lieutenant made his first court appearance after he was accused of sexually assaulting a female deputy in his office at the sheriff’s department.
Michael Chatterson, 43, of Milford, was arraigned by Flint District Judge Nathaniel Perry III Tuesday, Jan. 15, on one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
Sheriff Robert Pickell said Chatterson, who oversaw the sheriff's paramedic program, sexually assaulted the deputy when he touched her inappropriately in his office.
The sheriff said Chatterson is also accused of sexually harassing five female deputies, including allegedly asking one to watch a sexually explicit video he had made of himself.
"It's just reprehensible conduct," said Pickell. "I'm mad as hell about it."
Perry set a $25,000 personal recognizance bond for Chatterson.
Pickell said Chatterson, along with his attorney Frank Manley, turned himself into authorities earlier Tuesday.
Manley stood beside Chatterson during the arraignment and told Perry that his client looks forward to his day in court.
He was booked into the county jail, where Pickell said he would be treated just like any other violent inmate.
“It’s not a sex crime, it’s a violent crime,” Pickell said of the charges.
Pickell said the assault occurred Nov. 20, when Chatterson called the female deputy into his office at the sheriff's department. Chatterson then allegedly closed the office door and inappropriately touched the deputy while they were both on duty.
Allegations surrounding the lieutenant's conduct surfaced on Dec. 27 and he was suspended without pay within 24 hours, Pickell said.
A criminal investigation into the allegation began Dec. 28. The investigation was conducted by the sheriff's department and included interviews with every female deputy under Chatterson’s authority.
Chatterson was hired as a deputy in 1999 and promoted to sergeant in 2004.
Pickell said he was suspended for 10 days in 2006 for a "sexually deviant act" after he allegedly made a photocopy of a body part and showed it to female deputies in 2004.
Chatterson is due back in court Jan. 22 for a pre-trial hearing.
Genesee sheriff's lieutenant faces criminal sex charges
NBC25 - Mid-Michigan Now
January 15, 2013
***UPDATE (4/26/13 7:30 P.M.)***
A former Genesee County sheriff's lieutenant will be charged with first-degree criminal sexual conduct.
The Genesee County prosecutor says Michael Chatterson of Milford performed an alleged sexual assault while at work.
The prosecutor says Chatterson made a move the suspect's attorney calls an "insult to all true rape victims."
***END UPDATE***
Michael Chatterson made a good impression when he joined the Genesee County Sheriff's office in 1999.
By 2004 he was promoted to sergeant. But then the trouble began, say several female deputies.
Nine years ago, a female deputy said Chatterson committed a "deviant sexual act" against her in 2004. Chatterson was suspended for 10 days.
Chatterson's behavior apparently continued, culminating in December 2012 with accusations of sexual harrassment that ended with Chatterson's firing Jan. 4.
In the most recent incident, several female jail employees accused him of distributing photocopies of his genitals and producing a video of himself masturbating that he asked a female employee to watch, Sheriff Robert Pickell said at a press conference Tuesday.
Pickell said he was "mad as hell" and "embarrassed" by Chatterson's actions.
The 14-year veteran of the Genesee County Sheriff's Office, who was a lieutenant at the time of his firing, was charged Tuesday with one count of second-degree criminal sexual conduct, and three counts of stalking. The criminal sexual conduct charge carries a potential 15-year prison sentence if convicted.
Bond was set to $25,000 and his next court appearance is scheduled for Jan. 22.
Chatterson, 43 of Oakland County, was sent home Dec. 27, after a female deputy reported he had sexually harrassed her, although no information was available of which of the various accusations were involved in that incident.
A criminal investigation began the following day and on Jan 4 Chatterson was fired. A warrant for his arrest was issued Jan. 14.
The charges apparently involve female employees at the Genesee County Jail.
The sheriffs office interviewed every female under Chatterson's command. It is believed he harassed five women and sexually assaulted one woman.
He joined the force in 1999 and was promoted to sergeant in 2004. He was accused of a sexually deviant act on a female deputy back in 2004.The sheriff's office was made aware of that incident in 2006. Chatterson was then suspended for 10 days.
Genesee County sheriff 'mad as hell' after lieutenant charged with sexual assault of deputy
MLive
Jan. 15, 2013
FLINT, MI -- Genesee County Sheriff Robert Pickell said he is "mad as hell" after one of his lieutenants allegedly sexually assaulted a female deputy at the sheriff's office.
Pickell said the lieutenant, who oversaw the sheriff's paramedic program, sexually assaulted the deputy when he touched her inappropriately in his office.
The lieutenant is charged with second-degree criminal sexual conduct and three counts of stalking.
MLive-Flint Journal is not identifying him because he was yet to be arraigned on the charges. Pickell said an arraignment will likely occur this afternoon.
The sheriff said the lieutenant is also accused of sexually harassing five female deputies, including allegedly asking one to watch a sexually explicit video he had made of himself.
"The harassment was so severe and vulgar it embarrasses me to stand here and talk about it," Pickell said during a press conference Tuesday, Jan. 15.
Pickell said the assault occurred Nov. 20 when the lieutenant called the female deputy into his office at the sheriff's department. The lieutenant then allegedly closed the office door and inappropriately touched the deputy while they were both on duty.
Allegations surrounding the lieutenant's conduct surfaced on Dec. 27 and he was suspended without pay within 24 hours, Pickell said.
"I did not want him at the work site any longer," said Pickell.
A criminal investigation into the allegation began Dec. 28. The investigation was conducted by the Sheriff's department and included interviews with every female deputy under the lieutenant's authority.
Pickell said the deputies waited to come forward to report the allegations because they were intimidated, fearful and embarrassed.
The lieutenant was fired Jan. 4 and an arrest warrant was issued Monday, Jan. 14, by Flint District Judge Nathaniel Perry III.
"It's just reprehensible conduct," said Pickell.
The lieutenant's attorney, Frank Manley, could not immediately be reached following the sheriff's press conference. However, Manley said previouslyhe plans a vigorous defense against the allegations.
Pickell said this is not the lieutenant's first time being in trouble.
The lieutenant was hired as a deputy in 1999 and promoted to sergeant in 2004.
Pickell said he was suspended for 10 days in 2006 for a "sexually deviant act" after he allegedly made a photocopy of a body part and showed it to female deputies in 2004.
Genesee County commissioners OK replacement of lieutenant accused of sexual assault
MLive
Jan. 18, 2013
GENESEE COUNTY, MI -- The position of a former county sheriff's lieutenant charged sexual assault apparently won't stay open for long.
Sheriff Robert Pickell has received permission from the county Board of Commissioners to waive a hiring freeze and 60-day waiting period on filling vacancies in order to hire a replacement for
Chatterson was arraigned by Flint District Judge Nathaniel Perry III on Jan. 15, on one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Sheriff’s Department.
Pickell has said Chatterson, who oversaw the paramedic program, sexually assaulted the deputy when he touched her inappropriately in his office.
Chatterson was suspended without pay in late December. His attorney has said he looks forward to his day in court.
Commissioners also approved waiving the hiring freeze for another position in the department following the retirement of a court deputy.
The commissioner's unanimous vote on Wednesday, Jan. 16, means the Human Relations Department will start the hiring process for filling the two positions.
Genesee County sheriff's lieutenant had past indiscretions before firing, personnel records show
MLive
Feb. 12, 2013
FLINT, MI -- Genesee County Sheriff Robert Pickell says he didn't originally think a former lieutenant with his department showed a pattern of sexually deviant behavior, but now he isn't so sure.
Michael Chatterson, 43, of Milford, was arraigned Jan. 15 by Flint District Judge Nathaniel Perry III on one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the sheriff's department.
A review of Chatterson’s personnel record with Genesee County, obtained by MLive-The Flint Journal through a Freedom of Information Act request, shows he received numerous commendations and glowing performance reviews during his time with sheriff’s department.
But the records also detail previous indiscretions that department leaders felt at the time were isolated incidents.
Pickell said Chatterson, who oversaw the sheriff's paramedic program, was fired after he allegedly sexually assaulted a subordinate deputy when he touched her inappropriately in his office.
The sheriff said Chatterson is also accused of sexually harassing five female deputies, including allegedly asking one to watch a sexually explicit video he had made of himself.
"We had no clue that any of this was going on," said Pickell, noting investigators had to question everyone under Chatterson's command to expose his alleged harassment.
Chatterson was hired as a corrections officer in 1999 but quickly rose through the department’s ranks.
“Sgt. Chatterson handles subordinates in a fair and firm manner,” according to a 2005 performance review. “Employees feel comfortable confiding in him.”
He received multiple commendations, including two as recently as November 2012 for his work staffing the county's emergency operations center during the severe flooding the county sustained in May and taking over the extensive emergency medical service command during a fire at Rosehaven senior citizen apartment complex in April.
Chatterson was also recognized for helping to develop a new way EMS service is dispatched in the county, helping develop a new data-management system and preventing an armed robbery at a Flint dry cleaner in 2009 despite not being a certified police officer.
Pickell and Undersheriff Christopher Swanson even spoke on his behalf in September 2012 to the Michigan Commission on Law Enforcement Standards in an attempt to enroll Chatterson in police academy.
Chatterson had previously sued MCOLES after it refused to allow him to enter the police academy because of a problem with his eye sight.
But Chatterson’s history with the department was not without blemish.
In 2005, Chatterson received a written discipline consultation after he failed to inform a superior officer that he had knowledge that another employee had a serious drinking problem despite informing a supervisor that he smelled alcohol on the on-duty jail employee.
In 2006, he was suspended for 10 days without pay after four incidents were reported involving female deputies, according to the personnel file.
According to the personnel file, Chatterson admitted to showing a female deputy a sexually explicit image of himself on July 1, 2004. He also admitted to making inappropriate comments about the pictures of himself to another female deputy around the same time.
In August 2004, Chatterson admitted to saving a naked photograph of himself on a Yahoo account that was accessed by an off-duty corrections deputy and around April 2005 he admitted to making comments about an on-duty female corrections deputy’s breasts.
In September 2006, Chatterson wrote a letter to then-Capt. Swanson to “defend his character” just prior to being suspended.
“… I am not condoning my actions, she agreed to look at the picture,” Chatterson wrote. “I don’t recall the day in question; however, I do recall offering to show her a photo. She was informed that it was a nude photo and her curiosity made her agree to see it.
“I am not some pervert that forces women to look at pictures of myself.”
He added that the female deputy was “not just some innocent victim” because she, too, made sexual comments.
“… I just let my male ego overstep the bounds of right and wrong on this particular day.”
Chatterson also questioned why the incident was being investigated years later, particularly since the problem was addressed a year prior and he was told the female deputy would not pursue the incident.
He was informed at the time of his suspension that he would be fired if he ever committed a similar offense. He was fired from the sheriff’s department following the most-recent allegations.
"The whole office of sheriff is embarrassed by his conduct," said Pickell.
Attorney Frank J. Manley, who represents Chatterson, said that the lieutenant’s job performance was exemplary.
“The glowing recommendations and good works are not surprising as he was very good at his job,” Manley said. “We’ll address the negatives in court.”
A preliminary examination in the case is scheduled for Feb. 27. Chatterson is currently free on a $25,000 personal recognizance bond.
Deputies file sexual misconduct lawsuit against county, former Genesee County sheriff's lieutenant
MLive
Feb. 25, 2013
FLINT, MI -- A lawsuit filed by four female Genesee County sheriff's deputies claims the county did not do enough to stop alleged sexual misconduct by a former sheriff's lieutenant.
In the lawsuit filed Monday, Feb. 25, by Flint attorney Glen Lenhoff, the four deputies allege that they were the victims of repeated sexual misconduct by former Lt. Michael Chatterson, who is facing criminal charges.
Chatterson, 43, of Milford, was arraigned Jan. 15 by Flint District Judge Nathaniel Perry III on one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the sheriff’s department.
Chatterson, who oversaw the sheriff's paramedic program, was fired after he allegedly sexually assaulted a subordinate deputy when he touched her inappropriately in his office.
Lenhoff argues in the suit that the county did not do enough to prevent the sexual harassment.
A review of Chatterson’s personnel record with Genesee County, obtained by MLive-Flint Journal through a Freedom of Information Act request, showed that he was suspended for 10 days without pay in 2006 after four incidents were reported involving female deputies.
Genesee County Sheriff Robert Pickell said previously that his department believed it was an isolated incident. Chatterson, who was a sergeant at the time of the suspension was eventually promoted to lieutenant.
Pickell could not immediately be reached for comment on the lawsuit.
"I don't buy Pickell's statement that it was a shock," said Lenhoff, adding that comments allegedly made by Chatterson seemed to dismiss the severity of the suspension.
Attorney Frank J. Manley, who represents Chatterson in the criminal case, said he looks forward to his client's day in court.
"We stand behind Mr. Chatterson," said Manley. "It's unfortunate he's been attacked so publicly without his side being heard in court."
According to the personnel file, Chatterson admitted to showing a female deputy a sexually explicit image of himself on July 1, 2004. He also admitted to making inappropriate comments about the pictures of himself to another female deputy around the same time.
In August 2004, Chatterson admitted to saving a naked photograph of himself on a Yahoo account that was accessed by an off-duty corrections deputy and around April 2005 he admitted to making comments about an on-duty female corrections deputy’s breasts.
The deputies' lawsuit echoes these allegations.
"This does seem not to have been an isolated event," said Lenhoff.
Genesee County has not yet responded to the lawsuit.
A preliminary exam on the criminal charges is scheduled for Wednesday, Feb. 27.
Former cop accused of 1st-degree CSC charge for alleged on-the-job groping
MLive
Apr. 26, 2013
FLINT, MI – Prosecutors plan to charge a former Genesee County Sheriff's lieutenant with first-degree criminal sexual conduct for an alleged sexual assault on the job – a move the suspect's attorney calls an "insult to all true rape victims."
Prosecutors acknowledge both the suspect and victim were fully clothed at the time of the alleged assault, but said the incident justifies the first-degree CSC charge, which by definition includes penetration.
Prosecutor David Leyton said the ongoing investigation shows increased charges against former Lt. Michael Chatterson, 43, of Milford are justified. The charges stem from an incident in which Chatterson allegedly grabbed a female deputy's crotch in his office.
Chatterson also faces multiple other charges for alleged on-the-job conduct with three other female workers.
Leyton said he wouldn't call the circumstances and the charge unusual. He said his office has filed the same charge in previous cases with similar allegations, but acknowledged, "I wouldn't say it happens a lot in these types of cases."
Chatterson's attorney, Frank J. Manley, said there has been no new information to justify the more-severe charge since the case was initially filed.
"We believe this to be an insult to all true rape victims," Manley said.
Chatterson was previously arraigned on one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
But prosecutors filed a notice April 17 stating they intend to increase the severity of the charges against Chatterson to first-degree criminal sexual conduct, which could carry a sentence of up to life in prison if convicted.
Chatterson, who oversaw the sheriff's paramedic program, was fired after he was accused of sexually assaulting a subordinate deputy by grabbing her.
"The whole office of sheriff is embarrassed by his conduct," Genesee County Sheriff Robert Pickell said after the charges were filed.
Prosecutors are also seeking to add five counts of misconduct in office.
Four female deputies have also filed a lawsuit against Chatterson and the sheriff's department. Their attorney, Glen Lenhoff, is claiming the county did not do enough to stop the alleged sexual misconduct. The case is still pending in Genesee Circuit Court.
"We respect the prosecutor's office," said Lenhoff after learning of the possibly more-severe charges being filed against Chatterson. "We hope justice is obtained."
A review of Chatterson's personnel record with Genesee County, obtained by MLive-Flint Journal through a Freedom of Information Act request, shows he received numerous commendations and glowing performance reviews during his time with the sheriff's department.
But the records also detail previous indiscretions that department leaders felt at the time were isolated incidents.
In 2006, he was suspended for 10 days without pay after four incidents, including sharing a sexually explicit image of himself, making inappropriate comments about the pictures and making comments about the breasts of an on-duty corrections deputy.
In September 2006, Chatterson wrote a letter to then-Capt. Christopher Swanson to "defend his character" just prior to being suspended.
"I am not condoning my actions, she agreed to look at the picture," Chatterson wrote. "... I am not some pervert that forces women to look at pictures of myself."
A preliminary exam on the criminal charges is scheduled for May 22. Flint District Judge Nathaniel C. Perry III will decide if Chatterson will face the first-degree criminal sexual conduct charge or any other charges.
Manley is also challenging the validity of a search warrant filed in the case that allowed sheriff's detectives to search Chatterson's Milford home.
Perry signed a cease and desist order Feb. 5 preventing investigators from evaluating and analyzing computer equipment, storage devices, cameras, cell phones and tapes taken from Chatterson's home with a Feb. 4 search warrant.
The order claimed "Some of the seized items contain attorney/client communications." But prosecutors are challenging the order, claiming that there has been no information given by Manley about which devices may contain the confidential information.
Women say they were afraid to report alleged sexual misconduct by former Genesee County sheriff lieutenant
MLive
May. 22, 2013
FLINT, MI -- Three women who claim they were victimized by a former Genesee County Sheriff's lieutenant who is accused of sexual assault testified that they were afraid to report the alleged misconduct.
Testimony began Wednesday, May 22, in the preliminary exam of Michael Chatterson.
Chatterson, who oversaw the sheriff's paramedic program, is charged with one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
Prosecutors have filed their intention to seek a first-degree criminal sexual conduct charge, which could carry a sentence of up to life in prison if convicted. Prosecutors are also seeking to add five counts of misconduct in office.
Chatterson, 43, of Milford, was fired after he was accused of sexually assaulting a subordinate deputy by grabbing her.
Four female deputies have filed a lawsuit against Chatterson and the sheriff's department. Their attorney, Glen Lenhoff, is claiming the county did not do enough to stop the alleged sexual misconduct. The case is pending in Genesee Circuit Court.
Three of the alleged victims echoed those sentiments when they testified in front of Flint District Judge Nathaniel Perry III.
The first witness, who works as a deputy paramedic, claimed that she was attacked by Chatterson in his office at the sheriff's department after roll call on Nov. 20, 2012.
"He took his right hand and grabbed my crotch area between my legs and pulled me toward him," the woman, who is not being named because she is the victim of an alleged sex crime, testified.
The woman testified that Chatterson regularly made sexual comments to her and, on at least one occasion, asked to have sex with her while on duty.
"There were sexual comments every day," she said.
The woman told prosecutors that she didn't report the attack because she was outranked by Chatterson and feared retribution.
"I'd be the one that was punished, it'd be turned around on me," the woman said.
Chatterson allegedly made the comments regularly during his time at the department -- even in front of department supervisors, the woman testified.
"It was OK," she said. "No one ever said anything about it. No one ever stopped him."
A review of Chatterson's personnel record with Genesee County, obtained by MLive-Flint Journal through a Freedom of Information Act request, showed that he was suspended for 10 days without pay in 2006 after four incidents were reported involving female deputies.
Genesee County Sheriff Robert Pickell said previously that his department believed the actions were an isolated incident. Chatterson, who was a sergeant at the time of the suspension, was eventually promoted to lieutenant.
A second deputy said she, too, decided against reporting Chatterson to department leadership after he allegedly made numerous comments about her breasts.
"I was getting scared about coming to work on the weekends because it was just him and I there," the second woman testified.
She told prosecutors that Chatterson also allegedly made threats to transfer her from the radio room to work in the county jail if she didn't accept his sexual remarks.
"He said he was the only reason we're still on radio," the woman testified.
Both women said Chatterson allegedly tried to show them a sexually explicit video he made of himself. The two women testified that they refused to watch it, but a third deputy testified she watched it in an attempt to avoid more harassment from Chatterson.
"I thought he would stop asking me to watch it," the third woman testified. However, she said Chatterson continued to pressure her to watch the video.
Attorney Frank J. Manley, who represents Chatterson, used the exam to question the women on the atmosphere at the sheriff's department and how deputies typically interacted.
The women testified that there is sexual banter back and forth between deputies but denied ever discussing sexual activity with Chatterson.
"It wasn't that kind of a relationship," said the third woman.
Manley also questioned the women on their motivation behind the allegations and their subsequent lawsuit. He portrayed the women's claims as a way to make money from the county -- particularly since some of the incidents happened years before charges were ever filed.
"I want justice," the second woman told Manley. "I want the court to say what was done to me was wrong."
Manley, following the exam, said the testimony in the case will clear his client of any wrongdoing.
"Until today, only one side of the story has been presented," Manley said.
The exam is scheduled to continue June 12.
Attorney for fired Genesee County sheriff's lieutenant promises "unheard of" preliminary exam testimony
Flint Journal
June 12, 2013
FLINT, MI -- The preliminary exam for a former Genesee County Sheriff lieutenant accused of sexually assaulting a female deputy was delayed, but his attorney says the scope of the hearing will be "unheard of" once it continues.
Michael Chatterson, who oversaw the sheriff's paramedic program, is charged with one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
Prosecutors have filed their intention to seek a first-degree criminal sexual conduct charge, which could carry a sentence of up to life in prison if convicted. Prosecutors are also seeking to add five counts of misconduct in office.
Testimony in the preliminary exam began May 22 and was scheduled to continue Wednesday, June 12, but was delayed after Chatterson's attorney, Frank Manley, said he needed time to review more evidence before proceeding with the case.
Manley told Flint District Judge Nathaniel Perry III Wednesday that witnesses are coming forward "en masse" to testify on behalf Chatterson and that he needed time to conduct interviews in order to properly challenge the prosecution's allegations.
Chatterson, 43, of Milford, was fired after he was accused of sexually assaulting a subordinate deputy by grabbing her.
Four female deputies have filed a lawsuit against Chatterson and the sheriff's department. Their attorney, Glen Lenhoff, is claiming the county did not do enough to stop the alleged sexual misconduct. The lawsuit is pending in Genesee Circuit Court.
Three of the alleged victims echoed those sentiments when they testified in front of Perry when the exam began in May.
Manley said he plans to call 17-25 witnesses from the sheriff's department, including department leadership, to challenge the deputies' accusations.
"That's unheard of for a preliminary exam," Manley said of the number of witnesses, adding that that the testimony would make Chatterson's actions "pale by comparison" to the actions of other deputies.
A pretrial hearing is scheduled for July 9.
Testimony in case against fired Genesee County Sheriff's deputy focuses on conduct rules
MLive
Aug. 07, 2013
FLINT, MI -- Genesee County Undersheriff Chris Swanson testified about the department's rules for conduct Wednesday at criminal hearing for a former sheriff's lieutenant accused of sexually assaulting a female deputy.
Michael Chatterson, who oversaw the sheriff's paramedic program, is charged with one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
Prosecutors have filed their intention to seek a first-degree criminal sexual conduct charge, which could carry a sentence of up to life in prison if convicted.
Prosecutors are also seeking to add five counts of misconduct in office.
Swanson on Wednesday answered an assistant prosecutor's questions about departmental policies for employee conduct, including questions on whether it was permissible for employees to watch or ask other employees to watch sexually explicit videos on the job.
Swanson testified that it was not permissible.
Swanson is expected to undergo cross-examination from Chatterson's attorney, Frank Manley, when the hearing resumes Sept. 13.
No other witnesses were called at Wednesday's hearing.
A female witness, who works as a deputy paramedic, testified during the May 22 portion of the exam that she was attacked by Chatterson in his office at the sheriff's department after roll call on Nov. 20, 2012.
"He took his right hand and grabbed my crotch area between my legs and pulled me toward him," the woman, who is not being named because she is the victim of an alleged sex crime, testified.
The woman testified that Chatterson regularly made sexual comments to her and, on at least one occasion, asked to have sex with her while on duty.
Two other female deputies testified that Chatterson made inappropriate comments to them while on duty and allegedly tried to show them a sexually explicit video he made of himself.
A review of Chatterson's personnel record with Genesee County, obtained by MLive-Flint Journal through a Freedom of Information Act request, showed that he was suspended for 10 days without pay in 2006 after four incidents were reported involving female deputies.
Manley told Flint District Judge Nathaniel Perry III on Wednesday that he believes that the release of the personnel record may be illegal and objected when Assistant Genesee County Prosecutor Michelle Richardson attempted to question Swanson on the 2006 incidents.
Richardson did not pursue the line questioning after Manley objected.
Four female deputies have filed a lawsuit against Chatterson and the sheriff's department over the alleged incidents. Their attorney, Glen Lenhoff, is claiming the county did not do enough to stop the alleged sexual misconduct. The case is pending in Genesee Circuit Court.
Flint judge disqualifies himself from hearing case of former sheriff's lieutenant accused of sexual assault
MLive
Nov. 01, 2013
FLINT, MI -- A Flint District Court judge has disqualified himself from hearing the case of a former Genesee County sheriff's lieutenant accused of sexually assaulting a female deputy.
Flint District Judge Nathaniel Perry III disqualified himself Friday, Nov. 1, from hearing the case of Michael Chatterson. Perry said he could potentially be a witness in the case.
Perry ruled that he would disqualify himself from hearing the case after he was interviewed by a sheriff's lieutenant conducting an internal investigation into a second deputy at the sheriff's department.
Genesee County Sheriff Robert Pickell declined to comment on whether Perry was interviewed, citing an ongoing investigation.
Chatterson, who oversaw the sheriff's paramedic program, is charged with one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
Chatterson's attorney, Frank J. Manley, said the court proceedings may have to start from the beginning following Perry's disqualification.
The case has been reassigned to Flint District Judge Herman Marable. No new court date is scheduled.
Genesee County agrees to pay $500,000 to settle sexual misconduct lawsuit involving fired sheriff's lieutenant
MLive
Mar. 19, 2014
FLINT, MI -- Genesee County will pay $500,000 to settle a lawsuit filed by four female sheriff's deputies who claimed the county did not do enough to stop alleged sexual misconduct by a former sheriff's lieutenant.
The settlement, one of the largest payouts in county history, comes after four female deputies claimed they were the victims of repeated sexual misconduct by former Lt. Michael Chatterson, who is currently facing criminal charges over the allegations.
The lawsuit claimed Genesee County Sheriff Robert Pickell did not take the necessary precautions to protect the deputies from Chatterson, who was accused of similar actions in 2006.
A review of Chatterson's personnel record with Genesee County, obtained by The Flint Journal through a Freedom of Information Act request, showed that he was suspended for 10 days without pay in 2006 after four incidents were reported involving female deputies. He was fired after fresh allegations involving the four deputies in the lawsuit surfaced in late 2012.
Chatterson, who oversaw the sheriff's paramedic program, is charged with one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
Prosecutors have filed their intention to seek a first-degree criminal sexual conduct charge, which could carry a sentence of up to life in prison if convicted. Prosecutors are also seeking to add five counts of misconduct in office.
Glen Lenhoff, the attorney for the four deputies, said the 2012 allegations would have been avoided if Pickell had required sexual harassment training for Chatterson in 2006.
"This case was based on an inadequate response of Sheriff Pickell to the 2006 incident," said Lenhoff.
Pickell said there was no way he could have predicted the future allegations against Chatterson.
The county denies any wrongdoing as part of the settlement.
County Commission Chairman Jamie Curtis said the county decided to settle the case after consulting with the county's corporation counsel and outside attorneys.
"The sheriff handled the situation professionally," Curtis said. "He cannot act if people don't come to him early."
Three of the deputies who claimed they were victimized by Chatterson testified during a preliminary exam in his criminal case that they were afraid to report the alleged misconduct to their superiors in the sheriff's department.
One of the women, who works as a deputy paramedic, claimed that she was attacked by Chatterson in his office at the sheriff's department after roll call on Nov. 20, 2012.
The Flint Journal is not identifying the women because they are the alleged victims of sex crimes.
The woman testified that Chatterson regularly made sexual comments to her and, on at least one occasion, asked to have sex with her while on duty.
A second deputy said she, too, decided against reporting Chatterson to department leadership after he allegedly made numerous comments about her breasts. She told prosecutors that Chatterson also allegedly made threats to transfer her from the radio room to work in the county jail if she didn't accept his sexual remarks.
Both women said Chatterson allegedly tried to show them a sexually explicit video he made of himself.
The two women testified that they refused to watch it, but a third deputy testified she watched it in an attempt to avoid more harassment from Chatterson.
The settlement includes a stipulation to provide the deputies protection from any potential retribution as a result of the agreement. All of the women still work at the sheriff's department.
One of the women told prosecutors during the preliminary exam that she didn't report the attack because she was outranked by Chatterson and feared retribution.
The settlement agreement will pay the four women differing amounts, ranging from $90,000 to $200,000 each. Lenhoff said the amount each woman will receive is proportional to the severity of their claim against Chatterson.
The county will pay the settlement from its self-insurance fund, according to Celeste Bell, interim corporation counsel for the county.
The largest settlement the county has paid out is $615,000 in 2003 to the family of an accused killer who hanged himself in the Genesee County Jail.
"This is the worst scandal in the history of the Genesee County Sheriff's Department," Lenhoff said, suggesting that the sheriff should reimburse the county the $500,000 from his own pocket or resign from office. "There has got to be a personal consequence for Pickell."
Pickell said he has no plans to resign as a result of the settlement and said he handled the situation properly by investigating the claims and seeking charges against Chatterson.
"How ridiculous," Pickell said of Lenhoff's claims. "I'm not going to resign because I did my job."
Curtis said he believes the sheriff's department handled the situation appropriately.
"The sheriff and undersheriff did a great job explaining how they got to this situation," Curtis said.
Pickell said his office became aware of the allegations, investigated them and had charges issued by Genesee County Prosecutor David Leyton's office within a week.
"These girls were victims and I treated them just like victims," Pickell said, noting that he offered the women individualized counseling after the incident.
The settlement the female deputies reached only ends the case against the county. The women still have civil claims outstanding against Chatterson.
Attorney Frank J. Manley, who represents Chatterson in the criminal case, said he has maintained that the accusations against his client are a civil matter and he hopes this settlement could bring a resolution to the criminal case.
Chatterson's attorney in the civil case, Alan Kennedy, could not be reached for comment on the settlement.
Genesee County to pay $500,000 in sexual misconduct case
NBC 25 - Mid-Michigan Now
March 20, 2014
Thu, 20 Mar 2014 11:31:41 GMT — Genesee County has agreed to pay $500,000 to settle a sexual misconduct lawsuit involving a fired sheriff's lieutenant.
The settlement was announced Wednesday by a lawyer representing four female deputies who sued, saying the county didn't do enough to stop Michael Chatterson. He also is charged with second-degree criminal sexual conduct and stalking. The county denies any wrongdoing.
A review of Chatterson's personnel record obtained by The Flint Journal through a Freedom of Information Act request shows he was suspended 10 days without pay in 2006 after four incidents were reported involving female deputies.
Chatterson was fired after allegations surfaced again in 2012.
Chatterson's defense lawyer Frank J. Manley says the accusations are a civil matter and he hopes the settlement will bring a resolution to the criminal case.
Former Genesee County sheriff's lieutenant pleads no contest to fourth-degree CSC, stalking charges
Flint Journal
June 28, 2014
FLINT, MI -- A former Genesee County sheriff's lieutenant has pleaded no contest to criminal sexual conduct and stalking after four female deputies claimed they were the victims of repeated sexual misconduct.
Michael Chatterson pleaded no contest to fourth-degree criminal sexual conduct and stalking, both of which are misdemeanors, on Friday, June 27, in District Court in Judge Herman Marable's courtroom. Chatterson's attorney Frank Manley said the plea includes no jail time, but his client will be placed on probation.
Manley said the plea agreement will go in front of Circuit Court Judge Archie Hayman on July 14, where Chatterson will be arraigned and probationary terms will be decided, then a sentencing date will be scheduled.
"He'll have two misdemeanors on his record, he will no longer be working for the sheriff's department, and he will have to take his life in a different direction." Manley said.
Genesee County Prosecutor David Leyton said the plea agreement also means Chatterson will have to register as a sex offender for 15 years.
"The victims of Mr. Chatterson are fully in agreement with this resolution, that's the most important part of it," Leyton said. "Mr. Chatterson will be on the Sex Offender Registry for a long time, that's also an important aspect of this resolution."
In March, Genesee County agreed to pay a $500,000 settlement, one of the largest in county history, to the female deputies who claimed the county did not do enough to stop the alleged sexual misconduct by Chatterson.
The lawsuit claimed Genesee County Sheriff Robert Pickell did not take the necessary precautions to protect the deputies from Chatterson, who was accused of similar actions in 2006.
A review of Chatterson's personnel record with Genesee County, obtained by The Flint Journal through a Freedom of Information Act request, showed that he was suspended for 10 days without pay in 2006 after four incidents were reported involving female deputies.
Chatterson, who oversaw the sheriff's paramedic program, was fired after fresh allegations involving the four deputies in the lawsuit surfaced in late 2012.
Former Genesee County sheriff's lieutenant sentenced in criminal sexual conduct, stalking case
MLive
Sep. 08, 2014
FLINT, MI -- A former Genesee County Sheriff's lieutenant convicted of criminal sexual conduct and stalking apologized to his victims before he was sentenced to probation.
Michael Chatterson was sentenced Monday, Sept. 8, by Genesee Circuit Judge Archie Hayman to five years of probation after pleading no contest to fourth-degree criminal sexual conduct and stalking other deputies who were under his command.
"It was a very sad ending to what was a very promising career in law enforcement," said Chatterson's attorney, Frank J. Manley.
Chatterson, who oversaw the sheriff's paramedic program, was initially charged with one count of second-degree criminal sexual conduct and three counts of stalking following an investigation by the Genesee County Sheriff's Department.
Prosecutors filed their intention to seek a first-degree criminal sexual conduct charge, which could have carried a sentence of up to life in prison if convicted. Prosecutors also sought to add five counts of misconduct in office.
He was fired from the department after being accused of sexually assaulting a subordinate deputy by grabbing her.
Chatterson will be required to register as a sex offender for 15 years and is prohibited from having a computer or smart phone.
One of the women, who works as a deputy paramedic, claimed that she was attacked by Chatterson in his office at the sheriff's department after roll call on Nov. 20, 2012.
The woman testified that Chatterson regularly made sexual comments to her and, on at least one occasion, asked to have sex with her while on duty.
A second deputy testified that Chatterson made numerous comments about her breasts. She told prosecutors that Chatterson also made threats to transfer her from the radio room to work in the county jail if she didn't accept his sexual remarks.
Both women said Chatterson tried to show them a sexually explicit video he made of himself.
The two women testified that they refused to watch it, but a third deputy testified she watched it in an attempt to avoid more harassment from Chatterson.
Manley says that Chatterson was being playful and joking with the deputies. However, Manley added the case should serve as a warning that subordinates may view an incident differently than intended.
"Mr. Chatterson accepted responsibility for his actions," Manley said. "It was never his intention to specifically harm any individuals involved in the case."
The county previously agreed to pay $500,000 to settle a lawsuit filed by three of the deputies associated with the case.
Sheriff can discipline deputy for violating gag order, court rules
MLive
Jul. 18, 2017
FLINT, MI - The Genesee County Sheriff's Office was justified in suspending an employee for speaking publicly about an ongoing case in which a former lieutenant was convicted of criminal sexual conduct and stalking deputies under his command, the Michigan Court of Appeals has ruled.
Reversing an order from Genesee Circuit Judge Judith A. Fullerton, the Michigan Court of Appeals released an unpublished opinion last week stating that Genesee County Undersheriff Christopher Swanson and Capt. Michael Tocarchick were justified in suspending former deputy Paul Brooks from his job after he violated a gag order preventing him from talking about ongoing litigation involving former Lt. Michael Chatterson.
Chatterson was sentenced to five years of probation in September 2014 after pleading no contest to fourth-degree criminal sexual conduct and stalking other deputies who were under his command.
Brooks, who was on the witness list in the case, filed a lawsuit against Genesee County, Tocarchick and Swanson in 2013, alleging that his rights under the Whistleblowers' Protection Act and the Elliott-Larsen Civil Rights Act were violated after he was suspended from his post after he "repeatedly and admittedly violated a 'gag order' in significant ways," according to the suit. Brooks eventually quit the office.
In Genesee Circuit Court, Fullerton denied the county, Swanson and Tocarchick's motion for summary disposition, instead granting it, in part, to Brooks.
However, the Michigan Court of Appeals said that Brooks' claims that he felt "targeted because [he] was on a witness list and ... wasn't on their side" did not constitute reports to a public body of violations or suspected violations of law.
Brooks' attorney, Tom Pabst, said the appeals court's decision to toss the case was "shocking" and the "worst [he'd] seen in 30 years."
"It's hard for me to imagine a worse decision," Pabst said. "The very document that the defendants wrote said that Paul Brooks talked about the case to a judge, the judge's secretary and an attorney. That's protected by law."
But Genesee County Sheriff Robert Pickell said he was shocked Fullerton initially "bought into the lawyer talk," and that the "appeals court did the right thing" by reversing the decision.
"What [a gag order] does, in this case, is simply protecting the integrity of the case and the integrity of the witnesses," Pickell said. "Why does a judge not see that?"
The appeals court centered in on the fact that Brooks himself admitted to violating the gag order, and that he simply disagreed with the order's scope and said that Brooks has not "presented more than mere speculation in this case."
"Stated simply, the record is clear in that defendants had a legitimate reason for adverse employment actions that were taken against plaintiff -- specifically, plaintiff repeatedly and admittedly violated the 'gag order' at issue a variety of times in significant ways," the court's opinion said.
Pabst, who said he intends to submit a leave to appeal with the Michigan Supreme Court, said he hopes the court's decision doesn't stand "for the sake of Paul Brooks and all the other witnesses who feel intimidated testifying in court."
County pays $520,000 to settle excessive force, false imprisonment lawsuit
MLive
Oct. 26, 2017
FLINT, MI - Genesee County has agreed to pay $520,000 to settle a lawsuit over a woman's claim she was illegally arrested, searched and beaten by Genesee County Sheriff's deputies after she came to pick up a friend from the county jail in 2011.
Kimberly Wheeler alleged in her lawsuit she went to the Genesee County Jail on March 8, 2011, to pick up a friend who needed a ride home, according to her federal lawsuit filed against the Genesee County Sheriff's Office and six deputies in 2013 in Detroit U.S. District Court.
MLive-The Flint Journal obtained details of the settlement through a Freedom of Information Act request.
Genesee County Undersheriff Chris Swanson says the settlement was reached because the county was advised to do so by its insurance company.
The county does not admit any fault in the settlement.
When arriving at the jail March 8, 2011, Wheeler hit an occupied vehicle while trying to parallel park, according to her lawyer Joseph Corriveau.
Wheeler and the woman in the vehicle that she hit began arguing, Corriveau said. Wheeler eventually went into the jail to pick up her friend and provide information to sheriff's deputies for a crash report.
While Deputy Michael Cherry took a crash report from Wheeler, Lt. Michael Tocarchick told Wheeler she would not be allowed to drive her vehicle from the jail because Tocarchick thought Wheeler was under the influence of narcotics.
Tocarchick then seized Wheeler's purse and a search revealed pill containers with medicine that Wheeler had valid prescriptions for, according to the lawsuit.
Court records show Wheeler allegedly told deputies she took a prescribed Vicodin at 7 a.m. and it was because of that admission and her disorderly demeanor that police detained her.
Wheeler said she never admitted to taking the drugs and was not disorderly.
However, Wheeler told Tocarchick she was tired from working the night shift and that she didn't drink alcohol, the lawsuit claims.
"There was no sobriety testing," Corriveau said.
Tocarchick then allegedly took Wheeler's keys and said she would have to call someone for a ride.
Wheeler objected because her medications were valid, she took the pills as prescribed and her ability to drive was not impaired.
"Because they took her keys and she would have had no way to get to work - she ratcheted it up," Corriveau said of his client.
Deputies then took Wheeler from the jail lobby to the squad room to call for a ride. Wheeler continued to complain about the situation, the lawsuit claims.
Sgt. Gerald Parks allegedly then told Wheeler she was under arrest for being a disorderly person, the lawsuit claims.
Parks allegedly pushed Wheeler, which caused her to fall and sustain injuries.
Wheeler's fingernail was ripped off and she had bruises on her wrists, elbows and knees, Corriveau said.
Lt. Michael Chatterson jumped in and tackled Wheeler to the ground to handcuff her while she was being searched by female deputies, the lawsuit claims.
Corriveau said Wheeler hit her head during the exchange.
"She's fearful of the police because of this situation," he said.
The county denied requests from Corriveau and MLive-The Flint Journal for surveillance video of the incident, claiming it did not exist.
Wheeler was eventually released from the Genesee County Jail 26 hours after she was originally detained, but was never formally charged or went before a judge, Corriveau said.
Swanson said the woman was arrested for hitting a vehicle, trying to leave the scene and then for being intoxicated.
"She was in custody, but all that they claimed in the complaint didn't happen," Swanson said. "When the case is taken out of your hands and put in the insurance company's hands, you lose control. We didn't settle because we knew what the plaintiff said in the case wasn't true."
