Tuesday, November 23, 2021

11232021 - Oakland County Judge Kathleen Ryan - Charged With Domestic Violence

 
























Oakland County probate judge faces domestic assault charge
Click On Detroit
November 25, 2021
Oakland County’s chief probate judge, Kathleen Ryan, is facing a domestic violence charge, according to officials. 

















Prosecutor: Oakland County probate judge charged with domestic assault
County’s chief probate judge accused of assaulting boyfriend
Click On Detroit
November 25, 2021



Oakland County’s chief probate judge is facing a domestic violence charge, according to officials.

The Oakland County Prosecutor’s Office said Thursday that Hon. Kathleen Ann Ryan was arrested and charged for allegedly assaulting her boyfriend Wednesday night.

Judge Ryan was charged Thursday with one count of domestic assault and battery, officials said. She has reportedly been released on a personal bond.

“The fact that Ms. Ryan is an elected official did not play any part in the charge that was authorized, and will not play any part in the handling or disposition of this case,” said Oakland County Prosecutor Karen McDonald. “The case will be handled like any other case.”

No other details have been released at this time.















Oakland County's chief probate judge charged with domestic assault
The Detroit News
November 25, 2021



An Oakland County probate judge is facing a domestic violence charge, the county Prosecutor's Office confirmed to The Detroit News on Thursday. 

The Oakland County Prosecutor's Office has charged Oakland County Probate Judge Kathleen A. Ryan with domestic assault and battery, David Williams, chief assistant prosecutor, said in an email.

The Wixom Police Department said officers responded to a 911 call Wednesday afternoon and found "probable cause" that Ryan of Wixom allegedly committed assault and battery against a man "with whom she had a dating relationship," according to the police release. The man had minor injuries and refused medical treatment at the scene, police said.

The release did not indicate that Ryan was a judge.

The Prosecutor’s Office on Thursday charged Ryan with one count of domestic assault and battery. She was arraigned on the charge and "released on personal bond with release conditions consistent with the offense for which she was charged," the police release said. 

Ryan, who was elected as a probate judge in 2010, was booked in the Oakland County Jail on Wednesday night and released at about 2 p.m. Thursday, according to jail records. 

"The fact that Ms. Ryan is an elected official did not play any part in the charge that was authorized, and will not play any part in the handling or disposition of this case,” Oakland County Prosecutor Karen McDonald told WDIV (Channel 4).

The police release said department leadership and those from the Prosecutor's Office were in "regular contact" involving the incident.

"Both the Police Department and the Prosecutor’s Office want the public to know that both entities have followed regular protocols and procedures for this arrest." 
















Oakland County Judge Kathleen Ryan arrested on domestic assault charge
Detroit Free Press
November 26, 2021
An Oakland County judge was arrested on a domestic assault charge, authorities said.

The alleged incident Wednesday involved Judge Kathleen Ryan and a man who had a relationship with her, Wixom police said.

“The man appeared to have suffered from minor injuries but refused medical treatment at the scene,” police said.

Ryan, chief judge in Probate Court, was charged Thursday with domestic assault. She was released on bond.

The court was closed Friday; no one answered the phone at Ryan's office.

She was first elected in 2010.

“The fact that Ms. Ryan is an elected official did not play any part in the charge that was authorized and will not play any part in the handling or disposition of this case,” said county prosecutor Karen McDonald, a former judge.















Oakland County’s chief probate judge arrested on domestic assault charge
Oakland Press
November 28, 2021





Kathleen Ryan, Oakland County’s chief probate judge, has been charged with domestic assault.

A press release issued Thursday by the Wixom Police Department stated that Ryan, who was not mentioned to be a judge, allegedly committed assault and battery Nov. 24 against a man with whom she had a dating relationship.

The man appeared to have suffered minor injuries, police said, and he refused medical treatment at the scene.

Police officers reportedly responded to a 911 call on Wednesday afternoon, showing up to find a man and a woman. Wixom investigators referred the incident to the Oakland County Prosecutor’s Office for review. On Thursday, Ryan was charged and arraigned on one count of domestic assault and battery.

Ryan posted bond contingent with release conditions for such a crime.

The Wixom Police Department leadership has been in regular contact with the Oakland County Prosecutor’s Office, saying that “both entities have followed regular protocols and procedures for this arrest.”

“The fact that Ms. Ryan is an elected official did not play any part in the charge that was authorized, and will not play any part in the handling or disposition of this case,” Oakland County Prosecutor Karen McDonald told WDIV (Channel 4). 

According to her resume listed on the county’s website, Ryan was elected to the probate court on Nov. 2, 2010. She is a graduate of the University of Notre Dame and the University of Detroit Mercy School of Law.

Prior to joining the county, she was in private practice between 1996-2010, with an emphasis on family and probate litigation.















Oakland County judge charged with domestic assault
MLive
Nov. 29, 2021


WIXOM, MI -- Oakland County Probate Court Judge Kathleen Ryan has been charged with domestic assault following an incident between her and a man she had a relationship with. According to the Associated Press, the incident took place Wednesday and police said it resulted in the man suffering some minor injuries, but he refused medical treatment at the scene.

The domestic assault charge was handed down Thursday and Ryan was freed on bond. Court was closed on Friday and no one answered the phone at Ryan’s office when the AP attempted to contact her. Ryan was first elected to her position in 2010.

Despite her connections to the court system, officials say Ryan will not receive any special treatment as the case plays out.

“The fact that Ms. Ryan is an elected official did not play any part in the charge that was authorized and will not play any part in the handling or disposition of this case,” said county prosecutor Karen McDonald, a former judge.















Dashcam video shows arrest of Oakland County judge charged with domestic assault
Judge Kathleen Ryan arrested Nov. 23, 2021
Click On Detroit
January 07, 2022



WIXOM, Mich. – Oakland County Probate Judge Kathleen Ryan is shown on police dashcam video as she’s led out of her home after her boyfriend called police and said she hit him.

Police said he told them that “she just started whacking me” and informed them that she’s a judge and when she drinks “she starts smacking.”

Wixom police arrested Ryan Nov. 23 and the video shows she is in disbelief.

“That is crap and you know it,” she said in the dashcam audio.

Ryan remains composed until the end of her booking process when police tell her they need to call a superior to see if she’ll be sent to jail or given a citation.

“Arraigned before who?” Ryan said. “Dave law, Travis Reeds, or you know, Rob Bondy, which one? I used to own a building with Travis Reeds. Dave Law I went to law school and high school with. Rob Bondy is a great friend of mine. I’m not dropping names, but this is absurd.”

Ryan has been charged with one count of domestic assault and battery. The case has been moved out of Oakland County.










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Oakland County Probate judges hire attorney under criminal investigation
WXYZ News
May 22, 2018




She was terminated from her position by the Attorney General and she was at the center of a 7 Action News investigation. So why are taxpayers now paying the salary of this local lawyer?

A criminal investigation was launched after we exposed how some public officials and real estate brokers were cashing in on probate estates, often leaving rightful heirs with very little.

So why is one of the public officials being investigated by Oakland County -- now working for Oakland County’s Probate Court?

The 7 Investigators first exposed probate attorney Barbara Andruccioli a year ago.

 “How can the taxpayers have any confidence with you working here,” asked 7 Investigator Heather Catallo.

“Really, I think you probably need to talk to the judges,” said Andruccioli.

Andruccioli was a partner at Kemp Klein law firm. She was also an Attorney General-appointed Public Administrator:  a public official with the authority to open probate estates after someone dies if there are no heirs available.

Court records show Andruccioli teamed up with real estate broker Ralph Roberts and his companies to open those estates, sell the homes, and cash in.

We uncovered court filings that show Andruccioli and one of Roberts’ companies, Probate Asset Recovery, were billing for thousands of dollars, while the actual heirs ended up with very little.

“They should be held accountable,” Joanne Zaremba told Catallo in 2017.

Until the 7 Investigators got involved, Zaremba had no idea that Andruccioli had opened an estate in her late mother’s name, even though under the law, Andruccioli had a duty to find the heirs.

After our investigation, Attorney General Bill Schuette terminated Andruccioli as a Public Administrator. And that’s not all:  the FBI and Oakland County Sheriff’s detectives raided Ralph Roberts offices, and launched a criminal probe into the Public Administrators.

So why did the Oakland County Probate judges recently hire Andruccioli as the Probate Register for the county?

“How can the taxpayers have any confidence -- when you’re now under criminal investigation -- with you working in this court,” asked Catallo.

"That’s not true,” said Andruccioli.

“It struck me as the wolf guarding the hen house,” said Oakland County Treasurer Andy Meisner.

Oakland County Clerk Lisa Brown described her reaction when she first heard that the judges from the Probate Court (which Brown and Meisner do not oversee) hired Andruccioli: “Shock, absolute shock and bewilderment…  So out of having a wonderful pool of applicants, why would you choose this person who has a cloud over them?”

In the wake of our reporting, Brown and Meisner successfully fought to change the state laws that allowed this probate practice to go on.  Two bills sponsored by Rep. Jim Runestad (R-White Lake) and Rep. Jim Ellison (D-Royal Oak) were signed into law in February.

Neither Meisner nor Brown can understand why the four Oakland County Probate judges would hire Andruccioli.

“It’s natural that people that work together are going to get to know each other and establish relationships,” said Meisner. “The unusual part is when those relationships and friendships result in inappropriate preference, self-dealing, and lack of due process.”

The Probate Register oversees the daily operations of the Probate Courts Estates and Mental Health division.

Chief Probate Judge Kathleen Ryan would not talk to us on camera, but she did tell 7 Action News that the decision to hire Andruccioli as the Probate Register of the court was unanimous among all four judges and she said, “we’re confident in our hire.”

Judge Ryan also confirmed they hired Andruccioli at the top of the county pay scale, at $102,650.  Also, in the past Andruccioli has given small campaign contributions to two of the judges who hired her (Judge Ryan and Judge Jennifer Callaghan), but Judge Ryan says that had no bearing on the hiring decision.

“I think it is a slap in the face to a lot of people,” said Brown. “It reduces confidence that justice will be served here.”

Officials from both the Oakland County Prosecutor’s office and Sheriff’s office tell the 7 Investigators that the criminal probe into the probate scheme and the Public Administrators is ongoing.

County officials such as the Clerk, the Treasurer and the County Executive do not have control over who the judges hire.



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Friday, November 12, 2021

11122021 - Warren Activist Jerry Tommie Bell - Sentenced For Assault Of Macomb County Commissioner Michelle Nard - Facing A Possible Life Sentence, Bell Only Sentenced To Probation

 


Jerry Tommy Bell Case Posts:





















Macomb commissioner had presence of mind to videotape 2nd sexual assault
Reports paint picture of Sept. 20 events involving Bell, Nard
Macomb Daily
December 16, 2021



Armed with a screwdriver, Jerry T. Bell raped a woman twice in the same night. But what the Warren resident didn’t know at the time was during the second incident, his victim was able to record the attack on her cellphone as documented evidence to later show to police and prosecutors.

“(O)nce the phone was on the table, Jerry again physically held her down and began to sexually assault her,” police wrote in a report.

She told officers “that she repeatedly told Jerry to stop and that she didn’t want to have sex with him, knowing it would be captured on video.”

Moments later, after Bell alternately threatened to harm the woman or take his own life, she was able to flee through the front door that had been left unlocked.

That’s the sum of what the victim, Michelle Nard, a member of the Macomb County Board of Commissioners, told investigators about the kidnapping and sexual assault as spelled out in a series of reports obtained by The Macomb Daily under the Freedom of Information Act.

The Macomb Daily generally does not name victims of sexual assault, but Nard has publicly acknowledged it was her who was forcibly raped.

Bell was arrested and arraigned on six felony charges, but later released from jail after pleading guilty to misdemeanor charges and sentenced to time served.

Bell, who is well known as an activist in Warren’s political circles, declined to comment Sunday. He said he has not been in contact with Nard, who he formerly described as being his fiancee, since the incident.

“I think this was a private matter that has since been resolved and I don’t wish to talk about it,” he said.

Likewise, Nard also did not wish to comment.

“This was an unfortunate personal matter that is over with,” Nard said.

Police reports show officers were called to Nard’s residence in south Warren in the early morning hours of Sept. 20, 2021.

Bell, who Nard said had been smoking marijuana, came to her place about 6 p.m. the night before. Nard had left the door unlocked, so Bell was able to let himself in, the reports state.

Almost as soon as he entered the house, Nard said Bell “began to argue and insult her by calling her names,” she told police. Nard said Bell continued to “antagonize” her for several hours.

Nard told police she was “scared” of Bell’s behavior and asked him to leave several times, according to reports. Those documents show Bell said he wouldn’t leave and demanded the two have sex. When Nard refused, Bell told her “at least” she should perform oral sex on him.

At one point, Bell chased Nard around a room, knocking over a chair and breaking its leg. Then Bell grabbed Nard, threw her on a bed, where he climbed on top of her. He was able to sexually assault her on the bed, reports said.

Police say after the assault, Bell lay on the bed next to her and again threatened to kill her if she tried to leave.

“(S)he continued to lay down next to Jerry, as she believed he would kill her, based on what he had already done to her,” investigators said in their report.

Nard said the two were on the bed for about an hour. She picked up her cellphone under the guise of emailing a friend but activated the camera function to record without Bell noticing, the reports state.

According to police reports, Bell then sexually assaulted her a second time. Then he walked into the kitchen.

“Once Jerry was out of sight, she stood up and ran to the front door where she opened it and fled the residence,” police wrote. As she continued to run, Bell yelled out that if any police officers showed up, he would shoot them.

Police found him a short time later on foot and arrested him near Lawrence and Timken avenues in the area of Nine Mile Road and Van Dyke Avenue.

He previously told The Macomb Daily that he and Nard had been together for about four months and she became angry when he broke off the relationship. He said they did have consensual sex that day.

Bell, who works as a taxi driver and for the Wayne County Medical Examiner’s Office, was arraigned Oct. 1 on charges of criminal sexual conduct, extortion, assault with intent to great bodily harm, felonious assault and kidnapping. He also was charged with one count of misdemeanor domestic violence.

He entered a guilty plea in 37th District Court to misdemeanor charges of stalking and domestic violence. He received credit for the 43 days he served in Macomb County Jail and must undergo 52 weeks of batterers intervention counseling.

Nard spoke on Bell’s behalf at the sentencing, telling a judge that she did not feel threatened by him.

“I offered to do this for Mr. Bell because I believe he is a good person,” she said in court. “He had a bad moment, and it was a very unfortunate personal situation that I wish had never happened. I do want to offer this mercy to him because I do believe he will be a good person in society and that he will do the things that he needs to do.”














New reports in Bell case detailed
Videotape evidence of second sexual assault shown to police, prosecutors
The Macomb Daily
December 06, 2021
The 93 pages of police reports, search warrants and returns contained quite a few redactions.

Armed with a screwdriver, Jerry T. Bell raped a woman twice in the same night. But what the Warren resident didn’t know at the time was during the second incident, his victim was able to record the attack on her cellphone as documented evidence to later show to police and prosecutors.

“(O)nce the phone was on the table, Jerry again physically held her down and began to sexually assault her,” police wrote in a report.

She told officers “that she repeatedly told Jerry to stop and that she didn’t want to have sex with him, knowing it would be captured on video.”

Moments later, after Bell alternately threatened to harm the woman or take his own life, she was able to flee through the front door that had been left unlocked.

That’s the sum of what the victim, Michelle Nard, a member of the Macomb County Board of Commissioners, told investigators about the kidnapping and sexual assault as spelled out in a series of reports
obtained by The Macomb Daily under the Freedom of Information Act.

The Macomb Daily generally does not name victims of sexual assault, but Nard has publicly acknowledged it was her who was forcibly raped.

Bell was arrested and arraigned on six felony charges, but later released from jail after pleading guilty to misdemeanor charges and sentenced to time served.

Bell, who is well known as an activist in Warren’s political circles, declined to comment Sunday. He said he has not been in contact with Nard, who he formerly described as being his fiancee, since the incident.

“I think this was a private matter that has since been resolved and I don’t wish to talk about it,” he said.

Likewise, Nard also did not wish to comment.

“This was an unfortunate personal matter that is over with,” Nard said.

Police reports show officers were called to Nard’s residence in south Warren in the early morning hours of Sept. 20, 2021.

Bell, who Nard said had been smoking marijuana, came to her place about 6 p.m. the night before. Nard had left the door unlocked, so Bell was able to let himself in, the reports state.

Almost as soon as he entered the house, Nard said Bell “began to argue and insult her by calling her names,” she told police. Nard said Bell continued to “antagonize” her.

Nard told police she was “scared” of Bell’s behavior and asked him to leave several times, according to reports. Those documents show Bell said he wouldn’t leave and demanded the two have sex. When Nard refused, Bell told her “at least” she should perform oral sex on him.

At one point, Bell chased Nard around a room, knocking over a chair and breaking its leg. Then Bell grabbed Nard, threw her on a bed, where he climbed on top of her. He was able to sexually assault her on the bed, reports said.

Police say after the assault, Bell lay on the bed next to her and again threatened to kill her if she tried to leave. “(S)he continued to lay down next to Jerry, as she believed he would kill her, based on what he had already done to her,” investigators said in their report.

Nard said the two were on the bed for about an hour. She picked up her cellphone under the guise of emailing a friend but activated the camera function to record without Bell noticing, the reports state.

According to police reports, Bell then sexually assaulted her a second time. Then he walked into the kitchen.

“Once Jerry was out of sight, she stood up and ran to the front door where she opened it and fled the residence,” police wrote. As she continued to run, Bell yelled out that if any police officers showed up, he would shoot them.

Police found him a short time later on foot and arrested him near Lawrence and Timken avenues in the area of Nine Mile Road and Van Dyke Avenue.

He previously told The Macomb Daily that he and Nard had been together for about four months and she became angry when he broke off the relationship. He said they did have consensual sex that day.

Bell, who works as a taxi driver and for the Wayne County Medical Examiner’s Office, was arraigned Oct. 1 on charges of criminal sexual conduct, extortion, assault with intent to great bodily harm, felonious assault and kidnapping. He also was charged with one count of misdemeanor domestic violence.

He entered a guilty plea in 37th District Court to misdemeanor charges of stalking and domestic violence. He received credit for the 43 days he served in Macomb County Jail and must undergo 52 weeks of batterers intervention counseling.

Nard spoke on Bell’s behalf at the sentencing, telling a judge that she did not feel threatened by him.

“I offered to do this for Mr. Bell because I believe he is a good person,” she said in court. “He had a bad moment, and it was a very unfortunate personal situation that I wish had never happened. I do want to offer this mercy to him because I do believe he will be a good person in society and that he will do the things that he needs to do.”
















Warren activist released; pleads guilty to misdemeanors
Six felony charges dropped
Macomb Daily
November 14, 2021





Warren activist Jerry Tommie Bell was released from the Macomb County Jail on Friday after pleading guilty in 37th District Court to misdemeanor charges of stalking and domestic violence.

Bell was originally arraigned on Oct. 1, 2021, and charged with one count of misdemeanor domestic violence and six felony counts: two counts of criminal sexual conduct; extortion; assault with intent to do great bodily harm less than murder or by strangulation; felonious assault; and kidnapping. The charges stem from an alleged incident that reportedly occurred on Sept. 20, 2021, between Bell and Macomb County Commissioner Michelle Nard.

Bell received five years of reporting probation and is required to complete 52 weeks of batterers intervention counseling. He received credit for the 43 days he served in the Macomb County Jail. An existing no-contact order is to remain in place until Bell has completed 12 batterers intervention classes and shown proof of completion to the court.

“After the 12 classes have been completed, the no-contact order will be modified to no-hostile contact,” said Judge Michael Chupa. “That means you may talk to Ms. Nard and you may be in her presence, but you will not be permitted to threaten, harass, intimidate, insult, accuse, molest, harm, frighten or terrorize her for any reason. If you engage in an activity that I wouldn’t do to my spouse, I will not ignore that and I will lock you up for a good, long time.”

Prosecuting attorney Jennifer Janetsky told the court that Nard asked for the felony charges to be dropped and requested the specific terms and conditions included in the plea agreement. Bell said during Friday’s proceedings that he and Nard were engaged at the time of the Sept. 20 incident. Bell and Nard were opponents in the Warren City Council District 5 race during the 2019 election.

“There are only two people who have the ability to change the pattern that is happening in this relationship,” Janetsky said. “One is Ms. Nard, who has chosen mercy in this case over going forward. That was her choice, and I stood by that choice at her request. The other contributor to change here is Mr. Bell himself. It is essential that Mr. Bell avail himself of the counseling that is a part of this plea agreement so that he can learn to change the patterns of behavior that caused him to be violent to Ms. Nard and to other women as well.”

Nard spoke on Bell’s behalf Friday telling Judge Chupa that she did not feel threatened by him.

“I offered to do this for Mr. Bell because I believe he is a good person,” Nard said. “He had a bad moment, and it was a very unfortunate personal situation that I wish had never happened. I do want to offer this mercy to him because I do believe he will be a good person in society and that he will do the things that he needs to do.”

Nard told Judge Chupa that she had contacted Bell’s employers at the Wayne County Medical Examiner’s office and the taxi company for which he drives, and both indicated they were willing to allow Bell to resume his previous duties with them.

Nard asked that the personal protection order that is currently in place be lifted so that Bell may have contact with members of her family. Chupa said it was not in his power to lift that order.

“I have grandchildren that really like him and are missing him and want to talk to him,” Nard said.

When given the chance to speak to the court, Bell apologized to Nard and to the prosecutor and judge.

“I want to apologize to Ms. Nard for my behavior,” said Bell, who joined the proceedings via Zoom from the jail. “It was a difficult moment, and I just want to let her know that I am very sorry and that I want to do whatever I need to do to get the necessary counseling in order to move forward to be more productive, not only with Ms. Nard but in society.”

Bell was represented by Elisha Oakes from the Macomb County Public Defender’s office who, along with Janetsky, was also present via Zoom.

Chupa stated multiple times that he was not certain that Bell deserved the reduction in charges and commended Nard for her “grace and forgiveness.” The judge referenced letters written by Nard to him and to the prosecutor advocating for Bell.

“I don’t know how you came to be so lucky and how Ms. Nard came to be so kind,” Chupa said. “I can’t imagine the circumstance that would cause Ms. Nard to go through all of this to have multiple charges brought against you, and then have the grace and the kindness to write you a letter to the prosecutor and dismiss life offenses in favor of this plea bargain is a level of grace that I don’t know if I would ever have if, in fact, the original charges are supported by the facts.”

Because the two attorneys agreed to the plea bargain, Chupa said he would support it but indicated the terms of the agreement were not subject to change and that any violations of probation would not be tolerated.

“I expect you to live like the person Ms. Nard thinks you can be,” Chupa said. “I expect you to live like the person I require you to be. You got a deal here that I am not persuaded that you are entitled to.”

A preliminary exam had been scheduled for Nov. 23, which the plea deal renders unnecessary.















Bell arraigned on felony charges in Warren court
Macomb Daily, The (MI)
October 1, 2021 




Former Warren City Council candidate and political gadfly Jerry T. Bell was arraigned in 37th District Court Friday morning on six felony counts and one misdemeanor charge.

Bell was arraigned before Judge Matthew Sabaugh on two counts of first degree- criminal sexual conduct; extortion; assault with intent to do great bodily harm less than murder or by strangulation; felonious assault; kidnapping; and domestic violence. Kidnapping is punishable by up to life in prison.

The charges stem from an alleged incident that occurred on Sept. 19 between Bell and Macomb County Commissioner Michelle Nard. The two were opponents in the 2019 Warren City Council race in District 5, but apparently had entered into a personal relationship afterward. Bell has introduced Nard as his fiancé at a Sept. 14 Warren City Council meeting.

Bell is charged as a "habitual offender, third offense" due to two charges brought against him in 1997 involving breaking and entering and auto theft.

Bell, who was represented by attorney Cecil St. Pierre at the arraignment but requested a public defender be provided by the court, stood mute and a plea of not guilty was entered on his behalf.

"I know these are serious charges brought against my client, but I do not believe these two charges from 1997, something that happened 24 years ago, should be used as some kind of character assessment," said St. Pierre, a former longtime council member and past president.

The judge set bond at $500,000 cash surety and ordered Bell be fitted with a tether if he is released on bond.

A no-contact order was issued to Bell on Thursday and Sabaugh reminded Bell he was not allowed to see, call, text, or write the alleged victim. A preliminary conference date was set for Oct. 12 in front of Judge Michael Chupa.

The Genesee County prosecutor's office was assigned the case because Macomb County prosecutor Peter Lucido recused himself due to the appearance of impropriety.

Assistant prosecuting attorney Jennifer Janetsky and St. Pierre both deferred to Sabaugh with regard to recommending bond as did Sgt. Daniel Bozek of the Warren Police Department. Sabaugh emphasized the charges against Bell were serious and asked legal counsel again for their opinions regarding bond.

"Any bond that keeps the community and Ms. Nard safe is acceptable to the prosecution," Janetsky finally offered.

Sabaugh called Nard to the front of the courtroom and asked for her thoughts on the matter.

"I do not feel Mr. Bell is a threat to the community or a threat to me," said Nard.

"You know what he's charged with, right?" said Sabaugh. "He's charged with a life offense and you don't mind if he has contact with you?"

"I don't mind if he calls me on the phone," said Nard. "I don't want to see him in person."

"Whatever relationship you had in the past, is that over?" said Sabaugh. "Can I ask that?"

Nard responded: "Yes it is."

Sabaugh reminded Nard the personal protection order that was issued to Bell on her behalf meant there should be no contact between the two.

St. Pierre alleged Nard and Bell had "gone on dates" on Sept. 25-27, and asked for a "reasonable bond" for his client.

"This is a very strange situation," said St. Pierre. "They've been out on dates and she's been calling him. We have the records from his cell phone to show this. This has been going on since the alleged incident so that's probably why she said she doesn't feel threatened since she has been going out on dates with Mr. Bell. As you say, these are very serious charges and quite frankly, I wouldn't date anybody that made those allegations against me."

Janetsky said she was not aware that Nard and Bell had allegedly been out on dates since the incident in question and said she would need to speak with Nard more about that.

"Regardless of if Mr. Bell's priors happened in 1997, prosecution has the authority to charge him as a habitual offender which increases, quite considerably, the potential penalties," said Sabaugh. "Based on the charges, the defendant is a dangerous person."

Shortly after the hearing, a statement was issued from Warren City Council members Patrick Green, Mindy Moore, Garry Watts and Jonathan Lafferty and city Treasurer Lorie Barnwell expressing concern about the events that led to Friday's court proceedings.

The first paragraph of the statement offered support to Nard and expressed "alarm" regarding the charges against Bell. The next three paragraphs of the same statement criticized Mayor James Fouts, of whom Bell is known as an ardent supporter, and demanded the mayor distance himself from Bell and "stop fraternizing, promoting, and using Jerry T. Bell as a political weapon."

Fouts called the statement "shameless" and "despicable."

"I condemn this city council for taking a serious situation like domestic abuse and making it into a political grandstanding thing so they can enhance themselves at the expense of the victim," said Fouts. "Right now, our sympathy should be with Michelle and all other people who have been affected by domestic violence."

The statement also alleged that upon his release from the Warren city jail last week, Bell met with Fouts in the mayor's office at City Hall. Fouts denies the meeting occurred and offered to have anyone review security video from the building to prove that Bell was not there.

Fouts said he knows both Bell and Nard, and that he endorsed Nard when she ran for a seat on the Macomb County Board of Commissioners.

"What I don't know is what happened between them the day of the alleged incident," the mayor said. "I like both of them and I'm saddened by this situation, but I abhor domestic violence and I would never support that."

Watts was in attendance at the proceedings as was District 5 City Councilman Eddie Kabacinski.

Warren resident Joel Vanderlinden, who was charged with allegedly assaulting Bell during a city council meeting in July, was in attendance and had his cell phone temporarily confiscated by court personnel after he attempted to capture a video of the proceedings. Attendees are not allowed to take photographs or record videos in court.



Posted by at No comments:

Sunday, November 7, 2021

11072021 - 18 USC § 921(a) - Firearms - Exception To DV Gun Ban: Expungement/Setting Aside Of DV Conviction - VAWA Of 2019 / Red Flag Law

 




Why was the Lautenberg Amendment created?
"Senator Lautenberg intended to close a dangerous loophole in the Gun Control Act enabling domestic violence offenders to evade an additional felony conviction for gun possession by getting domestic violence felony charges reduced to misdemeanors."








Also See:


(g) It shall be unlawful for any person—
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or 
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(9) who has been convicted in any court of a misdemeanor crime of domestic violence to ship or transport in interstate or foreign commerce, or possess in or affecting commerce any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.









18 USC § 921(a) - Firearms - VAWA Red Flag Law (2019)
(33)(A) Except as provided in subparagraph (C),2 the term “misdemeanor crime of domestic violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal 3 law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

(33)(B)(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.


18 USC § 921(a)--Firearms--Exception-To-DV-Lautenberg-Gun-Ban






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11072021 - 18 USC § 922(g)(8) - Personal Protection Order Gun Ban

 


Also See:

18 U.S.C. 922(g)(8)










(g) It shall be unlawful for any person—
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or 
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(9) who has been convicted in any court of a misdemeanor crime of domestic violence to ship or transport in interstate or foreign commerce, or possess in or affecting commerce any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.















5. I ask the court to grant a person protection order prohibiting the respondent from:
k. purchasing or possessing a firearm.


















6. IT IS ORDERED: RESPONDENT is prohibited from:
k. purchasing or possessing a firearm.
7. As a result of this order, federal and/or state law may prohibit you from possessing or purchasing ammunition or a firearm.








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