Thursday, May 27, 2021

05272021 - Wayne County Judge Tracy Green - MI Judicial Tenure Commission Hearings: Green's Coverup Of Son's/Gary Davis-Headd's Abuse Of Her Grandsons

 




During his  (Gary Davis-Headd's) sentencing in October of 2019, his first wife, Choree Bressler,  told the court he used his mother's connections to protect him. 
( "Commission wants judge who lied for child abuser son be disbarred" . FOX 2 News - Detroit. August 05, 2022.)


























Pending Formal Complaints and Recent Supreme Court Decisions
Complaint No. 103, Hon. Tracy E. Green, 3rd Circuit Court
Michigan Judicial Tenure Commission
November 10, 2020


The formal complaint may be accessed by clicking here. 

The Commission has extended the period for respondent to answer the formal complaint to December 31, 2020. The order granting the extension may be accessed by clicking here.

Judge Green's answer to the formal complaint may be accessed by clicking here. 

The Michigan Supreme Court's order appointing a Master in the proceedings may be accessed by clicking here. 

The Master's scheduling order regarding the formal hearing may be accessed by clicking here. 

The hearing time for May 27, 2021, has been revised to 10:30 a.m. (from the previously scheduled time of 9:30); the Master's order reflecting that change may be accessed by clicking here. 

The formal hearing starting on May 27, 2021 at 10:30 a.m., will be available to view live on the Judicial Tenure Commission's YouTube channel at the following link. 

The formal proceedings set for June 14, 2021, in FC 103, have been adjourned by the Master. No proceedings will be held on that date. A revised scheduling order will be forthcoming.

Hon. Betty Widgeon, Master in the formal proceedings, has issued an amended scheduling order. The order may be accessed by clicking here. 

Hon. Betty Widgeon, Master in the formal proceedings, has issued a third amended scheduling order regarding the formal hearing in this matter. The order may be accessed by clicking here. 

Hon. Betty Widgeon, Master in the formal proceedings, has issued a fourth amended scheduling order. The order sets additional hearing dates on August 23, August 26, and September 17 (from 9:30 a.m. to 5:30 p.m. each day). The proceedings can be viewed via the Commission's YouTube channel at the link listed above. The order may be accessed by clicking here. 

Hon. Betty Widgeon, Master in the formal proceedings, has canceled the proceedings scheduled for August 26, 2021. The next hearing date is September 17, 2021.

Hon. Betty Widgeon, Master in the formal proceedings, has added September 22 and September 27 as hearing dates in this matter (in addition to September 17, which had already been scheduled). The proceedings will be available to view on the Commission's YouTube channel using the link above. The amended scheduling order adding the dates may be accessed by clicking here. 

The formal proceedings scheduled for Friday, September 17, 2021, will start at 1:00 p.m. (as opposed to 9:30, as previously scheduled). The proceedings will be broadcast on the Commission's YouTube channel. 

By order of the Master, the formal proceedings scheduled for Wednesday, September 22 have been canceled. The hearing will continue at 9:30 a.m. on September 24, September 27 (as set in an earlier order), and on October 13, 2021. The order may be accessed by clicking here. The hearing will continue to be held remotely, and will be available to view on the Commission's YouTube channel. 

By order of the Master, the formal proceedings in this matter will continue on October 29, 2021. The hearing will be in person but will not be accessible to the public (due to courthouse restrictions). The public can view the hearing on the Commission's YouTube channel.  In addition, an additional formal hearing date has been reserved, if needed. That day is November 19, 2021. Those proceedings will be livestreamed as well.

The Master in these proceedings has issued an order allowing Disciplinary Counsel to file an amended complaint, which may be accessed by clicking here. 

Respondent has filed an answer to the amended complaint (including affirmative and other defenses), which can be accessed by clicking here. 

The closing arguments in this matter will be held on December 1, 2021. The arguments will be broadcast on the Commission's YouTube channel. 

During the formal hearing, some testimony was taken under a separate record that the Master subsequently determined should be part of the record. The video for those proceedings was not on the Commission's YouTube channel, so the transcripts of those separate records are included here to insure the public has access to those proceedings. The applicable portions of the record may be accessed by clicking on the following: 

The oral argument before the Commission will be on Monday, June 13 at 10:00 a.m. and can be viewed at the following link. 

Disciplinary Counsel's proposed findings of fact and conclusions of law may be accessed by clicking here. Appendix A to the document may be accessed by clicking here.  Appendix B to the document may be accessed by clicking here. 

Respondent's proposed findings of fact and conclusions of law may be accessed by clicking here. 

Disciplinary Counsel's reply to respondent's proposed findings of fact and conclusions of law may be accessed by clicking here. 

Respondent's response to Disciplinary Counsel's proposed findings of fact and conclusions of law may be accessed by clicking here. 

The Master's report may be accessed by clicking here.

A notice of hearing as to the oral argument before the Commission may be accessed by clicking here. Please be advised that permission for film and electronic media coverage should be requested by June 8, 2022, using the form available using the form available by clicking here. After completion, the form should be emailed to the Commission at:  judicialtenure@courts.mi.gov 

Disciplinary Counsel's brief in support of and in opposition to the Master's report may be accessed by clicking here. 

Respondent's objections to the Master's report may be accessed by clicking here. 

Disciplinary Counsel's response brief may be accessed by clicking here. 

Respondent's response brief may be accessed by clicking here. 

The Commission's Decision and Recommendation may be accessed by clicking here. 
________________________________________________________________________

Commission Recommendations
Pending Before the Michigan Supreme Court

(The Commission's Decisions and Recommendations in the respective cases may be accessed above.)

The Commission has issued its Decision and Recommendation in FC 103 as to Hon. Tracy Green, 3rd Circuit Court. Proceedings will continue before the Supreme Court pursuant to MCR 9.251 and 9.252.











































FC 103 Hearing Day 1 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
May 27, 2021

FC 103 Hearing Day 1 - Judge Tracy Green Complaint No. 103


















FC 103 Hearing Day 2 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
June 28, 2021

FC 103 Hearing Day 2 - Judge Tracy Green Complaint No. 103



















Judge Tracy Green Complaint No. 103
Fourth Amended Scheduling Order
Michigan Judicial Tenure Commission
July 14, 2021

07142021--MI-Judicial-Tenure-Commission--Judge-Tracy-Green--Complaint-No.103--Fourth-Amended-Scheduling-Order
















FC 103 Hearing Day 3 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
July 21, 2021

FC 103 Hearing Day 3 - Judge Tracy Green Complaint No. 103

















FC 103 Hearing Day 4 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
August 06, 2021
FC 103 Hearing Day 5 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
August 23, 2021














State of Michigan Judicial Tenure Commission Annual Report 2020
CASE SUMMARIES: FC No. 103, Hon. Tracy E. Green – 3rd Circuit Court (Wayne County)
September 14, 2021

09142021--MI-Judicial-Tenure-Commission--Judge-Tracy-Green--Complaint-No.103--Judicial-Tenure-Commission-Annual-Report--Case-Summaries
















FC 103 Hearing Day 6 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
September 17, 2021

FC 103 Hearing Day 6 - Judge Tracy Green Complaint No. 103
Separate Record - Pages 1183-1193
Michigan Judicial Tenure Commission
September 17, 2021

09172021--MI-Judicial-Tenure-Commission--Judge-Tracy-Green--Complaint-No.103--Hearing-Day-06--Separate-Record--Pages 1183-1190
















FC 103 Hearing Day 7 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
September 24, 2021
















FC 103 Hearing Day 7 - Judge Tracy Green Complaint No. 103
Separate Record
Michigan Judicial Tenure Commission
September 24, 2021

















FC 103 Hearing Day 8 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
September 27, 2021

FC 103 Hearing Day 8 - Judge Tracy Green Complaint No. 103















FC 103 Hearing Day 8 - Judge Tracy Green Complaint No. 103
Separate Record
Michigan Judicial Tenure Commission
September 27, 2021
















Amended Complaint - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
September 27, 2021
The Master in these proceedings has issued an order allowing Disciplinary Counsel to file an amended complaint
















FC 103 Hearing Day 9 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
October 13, 2021
















FC 103 Hearing Day 10 - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
October 29, 2021
















Judge Tracy Green's answer to amended complaint - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
November 17, 2021
















FC 103 Hearing Day 11 (Part #1) - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
November 19, 2021



















FC 103 Hearing Day 11 (Part #2) - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
November 19, 2021


















FC 103 Hearing Day 11 (Part #3)- Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
November 19, 2021
















FC 103 Hearing Day 11 (Part #4) - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
November 19, 2021

















FC 103 Hearing Day 11 (Part #5) - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
November 19, 2021

















FC 103 Closing Arguments - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
December 01, 2021







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Sunday, May 23, 2021

05232021 - No Protections For Police Officers From Retaliation, When They Uphold Michigan Laws And Have Fellow Officers Arrested/Charged with DV/Child Abuse





















FYI: Under MCL 722.623 law enforcement officers are LEGALLY MANDATED to report an act of child abuse/suspected child abuse.  PERIOD!


Recently, I had a meeting with an area police department and domestic violence agency, RE: Officer Involved Domestic Violence. One of the subjects I covered was retaliation against law enforcement officers who do their jobs and protect victims of OIDV - which results in the abusing officer being arrested and charged. To some officers and departments, the abusing officer is looked upon as the victim - and the arresting officer is looked upon as the bad guy for having crossed the blue line. And of course the evil games of retaliation against the arresting officer begin.

Eyes of course rolled because I was speaking out about a taboo subject.

Retaliation against police officers who report OIDV committed by fellow officers needs to be addressed at both the state and federal levels. We can't protect OIDV victims, if we can't protect the outstanding officers who protect the OIDV victims.


Police Officer Retaliation: Comparing two different cases of police officers who committed the crime of child abuse.
Case #1: No retaliation by the officer who was arrested. Abusing officer was criminally held accountable for his crimes.

Case #2: The reporting officer was retaliated against by the abusing officer. The abusing officer was not criminally held accountable for his DV/child abuse crimes. Nor, was the abusing officer held criminally accountable for his retaliatory actions against the reporting officer (obstruction of justice, etc.). The abusing officers violence against his ex-wife and children continued for the next several years. He was not arrested until several years later for OIDV and child abuse.



Case #1: MSP Trooper Gregory Filpus - Arrested and charged with DV and Child Abuse. No retaliation against the arresting officers at any time during the case. Filpus pleaded guilty to the charges and was sentenced. 

Case #2: Warren PD Officer Anwar Khan. Although he had a long history of domestic violence, which also involved attacks against his children, the Troy PD refused to arrest Khan - and Khan's department took no action to protect Khan's children and ex-wife from the brutal attacks. EVERYONE at both police departments looked away - that is except Officer Arthur Gill.

When Officer Gill attempted to protect Officer Khan's victims and uphold Michigan laws, Khan and others retaliated against him.

This is what retaliation against police officers who uphold Michigan's OIDV and child abuse laws looks like:




Judge: No separate trials for accused Warren ex-cop
Macomb Daily
Nov 13, 2014
https://www.macombdaily.com/news/nation-world-news/judge-no-separate-trials-for-accused-warren-ex-cop/article_619788c3-0ce7-5d24-9c13-81221140aede.html

A fired Warren police commander will not get separate jury trials on charges of assaulting a man and retaliating two months later against a fellow officer who reported the alleged confrontation, a judge ruled Thursday.

 Former patrol sergeant Arthur Gill's lawyer, however, plans to appeal 37th District Judge Matthew Sabaugh's decision.

 'We believe that due process requires Art Gill to have separate trials,' defense attorney Steven Kaplan said. 'We were hopeful that the judge would grant him separate trials for the two different alleged incidents. We believe the Circuit Court is likely to grant our relief.'

 Gill faces three misdemeanor charges: assault or assault and battery; false report of a misdemeanor; and intentional filing of a false report of child abuse. Each offense is punishable by up to 93 days in jail.

 The charges are rooted in a January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads.

 Gill ordered Carlton Torres from the home to the porch where he 'asked Mr. Torres something about some dogs,' according to a lawsuit filed against Gill by Torres. 'Then without warning, provocation or justification, Gill slugged Mr. Torres in the chest with his fist,' the lawsuit states.

 Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. After reviewing police reports, the Macomb County Prosecutor's Office refused to issue any charges against Torres for the incident.

 Torres says Gill lied on a police report by saying that Torres 'swatted my right hand from him' before striking Torres in the chest, according to the lawsuit, filed in U.S. District Court in Detroit.

 Torres' version was backed by Warren police officer Anwar Khan, who was at the scene.

 Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against the officer to Child Protective Services.

 Kaplan believes evidence would be prejudicial if applied by one jury weighing Gill's fate on all three counts.

 Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when Police Commissioner Jere Green fired him in April.

 Gill has told The Macomb Daily the charges are 'retribution' for complaints he has made in the Warren Police Department over the years.

 A Circuit Court decision on whether Gill should receive separate trials may not come for another 90 days, Kaplan said. Another hearing in district court is expected to be held before then. A jury trial is scheduled for March 16, 2015.

 The charges are a blemish on his Gill's reputation, said Kaplan, a former assistant Macomb County prosecutor.

 'He does miss police work,' Kaplan said. 'He was a successful command officer. He wishes to
return to his vocation.' Gill's wife also works as a Warren police officer. She returned to work last week after giving birth eight weeks ago, Kaplan said.

 Torres' civil lawsuit accuses Gill of excessive force, unlawful arrest and assault. He claims he suffered scrapes and bruises, humiliation, embarrassment, mental anguish, humiliation, outrage, and also indignity of being arrested and incarcerated for something he did not commit.












Former Warren cop jailed for allegedly threatening psychologist
Macomb Daily 
Jun 14, 2019

A former Warren police commander is being held in jail in lieu of a $1 million bond accused of threatening a potential witness in his criminal case, according to a media report.

Arthur Gill, 54, was jailed Wednesday by a St. Clair Shores judge in connection with his criminal case in which he is accused of assaulting a man while working as a Warren cop and retaliating against a fellow officer who witnessed the incident by making false report with state Child Protective Services.

Gill’s criminal case dates to 2014, and the case at one point was transferred to 40th District Court in St. Clair Shores.

Last weekend, Gill showed up at a psychologist's office in Birmingham and threatened the doctor, who is set to testify in his case, according to the report aired by WJBK-TV (Fox 2). Macomb County Prosecutor Eric Smith, who has yet to respond to inquiries from The Macomb Daily about the case, said in the report also found on the TV news station's website that Gill told the psychologist, "Your reputation is going to be ruined" and "nothing good is going to come out of this.”

Gill appeared in district court for intimidating witnesses and violating his bond, which was reset at $1 million.

The case dates back to January 2014 incident when Gill and other officers responded to a call about shots being fired from a home on Chalmers Avenue, near Nine Mile and Hoover roads. Gill is accused of punching Carlton Torres in the chest “without warning, provocation or justification,” according to a federal lawsuit by Torres.

Torres fell and hit his head on the cement porch. Gill grabbed him by the neck, handcuffed and arrested him, according to the lawsuit. The county Prosecutor's Office refused to issue any charges against Torres.

Torres says Gill lied on a police report by saying that Torres “swatted my right hand from him” before striking Torres in the chest, according to the lawsuit. Torres' version was backed by Warren police officer Anwar Khan, who was at the scene. Prosecutors allege Gill retaliated against Khan by making a child abuse complaint against him to Child Protective Services.

Torres' lawsuit was voluntarily dismissed in 2015, according to court records.

Gill is charged with assault and battery, filing a false police report and filing a false report of child abuse, all misdemeanors. His trial was scheduled to start Monday but will be delayed, the report says.

Gill, a 16-year veteran of the Warren Police Department, was a sergeant for four years when then-police commissioner Jere Green fired him in April 2014.

Gill has told The Macomb Daily the charges are “retribution” for complaints he has made in the Warren Police Department over the years.












Felony assault charge dropped against suspended Warren police officer
Macomb Daily
Aug 12, 2020

A felony charge was dismissed from the criminal case against a suspended Warren police officer who still faces four misdemeanors for a recent incident at his Washington Township home.

Judge Denis LeDuc of 42 Court in Romeo on Wednesday dismissed a charge of assault with a dangerous weapon against Anwar Khan, 48, who was accused of pointing a gun at his ex-wife’s boyfriend, Stephen Wright. The incident occurred during an altercation July 4 outside of Khan’s Washington Township home.

The dismissal came following a preliminary examination for the lone felony charge against Khan. 

“The judge said he found the complaining witness’s testimony not credible,” said Khan’s attorney, John Dakmak. “There was conflicting statements about how the gun was use and the type of gun used.”

Wright gave two statements to police prior to his testimony.

The hearing was held remotely by video.

The assistant Macomb County prosecutor handling the case could not be immediately reached for comment Wednesday.

Wright claimed Khan punched and pointed a gun at him that morning after he went outside to find his teenage daughter in a wooded area with Wright and another man.

Khan denies he had a gun when he went to confront Wright and the second man, who ran away, Dakmak said.

LeDuc agreed to add a misdemeanor assault-and-battery charge against Khan for the alleged punch. Khan still faces two domestic assault charges for allegedly assaulting his wife and daughter around the same time. He also faces a misdemeanor for refusing to provide a DNA sample.

A pretrial in the case is set for Sept. 15.

Khan’s divorce from his wife, Melissa, was finalized in January, and he has custody of their three children, Dakmak said. Khan’s wife typically lives separately but was staying there for the weekend to visit her children, he said.

Khan, a 20-year police veteran, is on unpaid administrative leave from the Warren Police Department, Dakmak added.













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