Tuesday, January 25, 2022

01252022 - Warren Activist Jerry Bell - Criminal Case For Second Incident Of DV (12272021) - Carjacking, Unlawful Imprisonment, Aggravated Stalking, Assault W/A Dangerous Weapon And DV

 




Jerry Tommy Bell Case Posts:

















Trial date set in Jerry Bell carjacking case
Request for bond reduction denied
Macomb Daily
August 25, 2022



A trial date has been scheduled for a Warren man who is charged with four felonies including carjacking and unlawful imprisonment by Macomb County Commissioner Michelle Nard.

Jerry T. Bell, 48, is scheduled to stand trial in Macomb County Circuit Court on Dec. 13 in front of Judge Kathryn Viviano. He is charged with felony counts of carjacking; unlawful imprisonment; aggravated stalking; assault with a dangerous weapon; and one misdemeanor count of domestic violence, second offense. The charges were brought against Bell by his ex-fiancee Nard.

Bell has been held in the Macomb County Jail since Jan. 9, 2022 when he was arraigned in 37th District Court and Judge Michael Chupa set a cash surety bond of $500,000.

Bell’s attorney, Craig Tank, requested a bond reduction at Monday’s pretrial conference in front of Viviano, but it was denied.

“There will be other motions filed to address the issue of the bond,” said Tank.

A pretrial conference has been scheduled for Oct. 3  and a final pretrial hearing for Nov. 28.

Nard alleges Bell threatened her with a knife and forced her to go shopping at several stores on Dec. 27, 2021 then stole her car while she was inside the Shoe Rack Outlet on Gratiot Avenue.

Nard made allegations against Bell last October when he was 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 stemmed from an alleged incident that reportedly occurred on Sept. 20, 2021 between Bell and Nard. She dropped the felony charges and on Nov. 12 and Bell pled guilty to misdemeanor stalking and domestic violence.


















Macomb County judge refuses to withdraw from criminal case involving county commissioner
Several other circuit judges recused themselves from Jerry Bell case
Macomb Daily
June 27, 2022






A Macomb County circuit judge refused to recuse herself from a criminal case that involves a county commissioner despite several other judges doing so.

Judge Kathy Viviano on Monday denied a legal motion that asked her to remove herself from the case of Warren political activist Jerry Bell, who is accused of committing the crimes against county Commissioner Michelle Nard of Warren. Several other Macomb circuit judges recused themselves in recent weeks.

Nard accuses Bell of abducting her at knifepoint last Dec. 27 and forcing her to go shopping during which he stole her car while she was inside a Roseville store.

Those alleged incidents followed accusations by Nard last September in which she accused Bell of assaulting and committing other crimes against her. Bell was charged with five felonies and one misdemeanor, but the felonies were dismissed and Bell pleaded guilty to two misdemeanors.

Assistant Genesee Prosecutor Jennifer Janetsky, whose office was assigned the case after Macomb Prosecutor Peter Lucido removed his staff from the case, asked Viviano to recuse herself because of a potential “appearance of impropriety” since Nard approves budgets for the court in her commissioner role. Defense attorney Craig Tank supported Janetsky in the request.

“This victim has the ability to do something, anything to your budget,” Janetsky said. “Half of your paycheck comes from the county. That general-fund detail is – judicial-fund detail – is voted on by (the county board). … I think that it would matter to your staff and to you if your budget is impacted in some negative way by sitting on a case that a county commissioner (is involved in).”

But Viviano disagreed.

“I understand what you’re trying to argue; I just don’t agree with it,” Viviano responded. “It’s not my budget. I’m not in administration. I’m not the chief judge. I don’t advocate for the budget. I have really nothing to do with the budget.

“My salary is paid and established by (state) statute. They are required to pay me. They couldn’t divest me of my salary.”

She said a commissioner’s influence over other court funding, such as for supplies, has virtually no impact.

“It’s too attenuated in my mind to say that individual circuit court judges have that much of an interest,” she said.

Viviano repeatedly pointed out that circuit judges in civil cases involving the county Board of Commissioner and the County Executive typically do not recuse themselves from those proceedings.

“Every judge in this county has dealt with issues with the executive and the Board of Commissioners where they are directly parties in the case … and none of them recused themselves off of those cases,” she said.

Janetsky countered that in a criminal case, “You need to be particularly careful when you have two people who are players in the community to ensure their rights are protected.”

“Mr. Bell has a constitutional right to have his case heard in a fair and impartial way.”

Viviano retorted: “The county commission is not a party to the case. … I don’t know Miss Nard. Whether I’ve had other contact with her through other political (involvement), I don’t even know that. So I don’t have any personal connection.”

Janetsky can appeal Viviano’s ruling to Chief Judge James Biernat Jr.

Bell, who remains jailed in lieu of a $500,000 bond, next faces a July 25 hearing. Nard won her current seat in the 2020 election and is up for re-election this year.















Fouts, Warren police, local activist named in federal lawsuit
Mayor’s critic alleges constitutional rights were violated
Macomb Daily
May 18,2022



Former Warren city employee and local activist Joel Vanderlinden has filed a lawsuit in U.S. District Court Eastern District of Michigan against the City of Warren, Mayor James Fouts, local activist Jerry T. Bell, and unnamed Warren police officers alleging his Constitutional rights were violated.

The lawsuit, which was filed on May 16 and contains 86 complaints, claims Vanderlinden's First and Fourth Amendment rights were violated and that he was the victim of false arrest on July 27, 2021.

"We are alleging a total of six violations of law including violation of Mr. Vanderlinden's First Amendment rights and retaliation by the defendants for asserting those rights," said attorney Jonathan Marko of Marko Law PLLC, who is representing Vanderlinden in the case. "We are alleging a pattern and practice of this kind of thing going on in the City of Warren under the direction of Mayor Fouts."

Marko is a civil rights attorney who also represented former City of Warren diversity director Greg Murray in a federal lawsuit against the city. That case, which was in litigation for three years, ended late last year in a settlement of which the terms were not disclosed.

Vanderlinden's lawsuit stems from an incident that took place during the July 13, 2021 City Council meeting – the first in-person meeting since the COVID pandemic dictated that meetings be held virtually.

During audience participation, Vanderlinden was speaking when Council President Patrick Green alerted him the alloted three minutes to speak had expired and he needed to finish his comments. Bell, who had previously spoken, was sitting in the front row of the auditorium and he and another resident called out for Vanderlinden to "stop talking" and "sit down." Vanderlinden turned to Bell and told him to "shut up" and said: "I'll take you out."

After Vanderlinden finished his comments he appeared to walk toward Bell and the two continued their verbal exchange with Vanderlinden standing near the aisle and Bell seated in the front row. Green asked both residents to be cordial and reminded them that "we have a business meeting to run."

Green called for Warren police officers who were in the auditorium to step in and handle the situation. Two officers went to the front of the auditorium at which time Vanderlinden took his seat and the meeting continued without incident.

"It was a public debate with differing opinions, maybe sometimes a little heated, but there was no violence or anything like that," said Marko. "This is the kind of debate that is supposed to happen in a public forum."

The incident was recorded as part of the regular City Council Meeting broadcast and was shown during Tuesday's press conference.

Two weeks after the incident, Bell filed a complaint with Warren police alleging Vanderlinen threatened him during the verbal exchange, which he considered to be assault. According to Marko, Warren police contacted Vanderlinden on July 27, the day of the next City Council meeting, to inform him there was a warrant for his arrest. He went on to say Vanderlinden turned himself in to Warren police on July 27, but was not released from custody in time to participate in that night's city council meeting.

The lawsuit alleges when he went to the Warren police station to turn himself in, he heard an officer say that there was a plan to arrest him during the city council meeting scheduled for that evening.

"The plan was to arrest Mr. Vanderlinden in front of everyone and publicly embarrass and punish him," said Marko.

Bell dropped the charges against Vanderlinden in December.

"This was clearly a private dispute between two citizens," said defense attorney Raechel Badalamenti of Kirk, Huth, Lange & Badalamenti PLC, which is representing the city. "One of those citizens presented to WPD to report a threat of bodily harm was made by Vanderlinden, which is the definition of assault."

According to Badalamenti, police provided evidence to the city attorney who made the decision to authorize charges. Judge John Chumra sustained the charge of assault at Vanderliden's arraignment in 37th District Court and set bond for him.

"The complaint, charges and court finding very clearly had nothing to do with Mayor Fouts," said Badalamenti. "Any suggestion otherwise is extremely far fetched."

Marko alleges Fouts pushed Bell to file charges against Vanderlinden.

"The evidence will show that Jerry Bell had wanted to dismiss these charges against Mr. Vanderlinden, that he did not feel comfortable and that the mayor instructed him to continue to pursue charges against Joel Vanederlinden against his will," said Marko.

Vanderlinden's lawsuit alleges Bell and Fouts conspired to keep Vanderlinen out of the council meeting and silence his opposition to the mayor's proposed downtown development project of which Vanderliedn had been a vocal adversary.

"While the mayor has denied a friendship with (Bell) our investigation has shown that Mr, Bell and the mayor were very close," said Marko. "The allegations are that following the brief exchange with Jerry Bell, Mayor Fouts and Mr. Bell entered into a conspiracy in order to silence Mr. Vanderlinden and prevent him from being able to oppose the mayor."

Claims of false arrest, malicious prosecution under federal and state law, and conspiracy between the named defendants in violating Vanderlinden's constitutional rights are included in the lawsuit.

"Mr. Vanderlinden has been an outspoken critic of the mayor and in particular of his downtown development plan," said Marko. "This has been an incredibly divisive issue in Macomb County, particularly in the City of Warren with people having strong feelings on either side about whether or not the development is in the best interests of the community. Mr. Vanderlinden believed that it wasn't."

Marko called the right to criticize government essential to freedom of speech and a "uniquely treasured American thing."

"We are hearing that in Russia, people who are criticizing the war in Ukraine are being suddenly thrown into a van and driven off to a jail never to see some of their loved ones again and be arrested and blacklisted," said Marko. "That is what is happening in this case; that is what happened to Mr. Vanderlinden."

Badalamenti described the lawsuit as "frivolous."

"We will be seeking prompt dismissal of the mayor and city, along with sanctions for the obvious lack of due diligence before filing such a bad faith and frivolous case," Badalamenti said.

Vanderlinden worked for the City of Warren for 15 years as a blight inspector.

Bell is currently in the Macomb County Jail pending trial on charges unrelated to this case.

Fouts declined comment.















City of Warren, Mayor Fouts sued over resident's dismissed arrest at council meeting
The Detroit News
May 17, 2022

A Warren man has filed a lawsuit in federal court alleging that Mayor James Fouts orchestrated his arrest with the police department in a bid to silence his criticism of the mayor's stalled downtown development project.

Joel Vanderlinden, a one-time city of Warren employee, filed the lawsuit Monday in U.S. District Court for the Eastern District of Michigan against Fouts, the city and police department as well as a friend of the mayor.

Vanderlinden was arrested last July after a City Council meeting for allegedly assaulting Jerry Bell, a resident and friend of Fouts. But the charges were dismissed with prejudice by a 37th District judge.

Jon Marko, an attorney representing Vanderlinden, said the alleged sham arrest and the actions of the Police Department at the behest of the mayor triggered this lawsuit. There's a video of the meeting that shows his client didn't assault Bell, he said.

"He's the mastermind of this whole scheme and that's the scariest thing about this. This is political reprisal," said Marko, who was scheduled to hold a noon Zoom news conference about the lawsuit.

Marko played the video of the council meeting last July when his client only verbally sparred with Bell but they did not come in close contact. A police officer at the meeting came to break up the argument between them.

Because Vanderlinden was a "vocal critic of Mayor Fouts" and spoke out against the mayor's plans and implored the City Council to act as a check and balance, "he made an enemy of the mayor because of it," Marko said.

"The mayor sent Jerry Bell to get into an altercation with Mr. Vanderlinden and then used this altercation as a basis to charge Mr. Vanderlinden with a crime he didn't commit," the attorney claimed. "Fouts' plan was to have Mr. Vanderlinden arrested at the next City Council meeting in front of everyone to humiliate and embarrass Mr. Vanderlinden."

Raechel Badalamenti, an attorney representing the city of Warren for the lawsuit, said Tuesday the dispute was between two people at a council meeting and that “I don’t know why the mayor is named in the lawsuit.”

“I don’t think anyone completely understands why that might be, but they are reaching to try and somehow loop him in to some liability. We are all pretty shocked and surprised,” Badalamenti said. 

Fouts and Vanderlinden, she said, “talked as recently as a couple of weeks ago about a mutual friend that just passed away. They have a good, cordial relationship. Whatever his political views are, the mayor appreciates his public input and talks to him regularly, takes his calls, visits with him.”

Badalamenti said the criminal charges were not the idea of the mayor but Bell, who felt “threatened by Mr. Vanderlinden. That’s what he reported to the police department.”

“I don’t think that the mayor has an opinion one way or the other whether people are arrested or prosecuted when other citizens report fear of them,” she said.

The police department, Marko said, gave his client a heads-up about the pending arrest and Vanderlinden turned himself in.

"He didn't touch him. It's on the video," Marko said about Bell.

A resident reported to police a threat of bodily harm by Vanderlinden, which is the definition of assault, Badalamenti said in a later email, noting the city attorney separately decided to authorize charges. A judge "sustained the charge of assault at an arraignment hearing where bond was set for Vanderlinden," she added. 

Vanderlinden is requesting an unspecified amount of  monetary damages "as a result of damage to his reputation; embarrassment, public humiliation, emotional distress, and mental anguish," according to the lawsuit.

Fouts could not be immediately reached for comment.

The $170 million downtown development project is one of many battles between the longtime mayor and the city council. The mayor wants a town square adjacent to city hall with retail, dining, apartments, a food market and a hotel that would draw residents and others and bolster the city.

Council members opposed to it say they are trying to hold Fouts and his administration fiscally accountable. The mayor and his allies say the council doesn't like Fouts and is trying to take away a victory from him — an accusation they deny.
















Bell pleads guilty to probation violation in Warren court
Warren activist says no-contact order was violated
Macomb Daily
May 16, 2022



Warren activist Jerry Bell pled guilty Thursday in 37th District Court to violating a no-contact order put in place by Judge Michael Chupa last November as a term of his probation.

Chupa said at Bell’s Nov. 12 hearing a no-contact order with his ex-fiancee Michelle Nard was to remain in place until Bell had completed 12 classes for battery intervention. Chupa also assigned Bell reporting probation for five years.

Bell testified on Thursday in front of Chupa that Nard actually picked him up from the Macomb County Jail on the day of his release in November and that he had subsequent interactions with her even though he had not completed the required classes and the no-contact order was still in place.

Chupa dismissed Bell’s probation requirements and sentenced him to 180 days in jail with credit for 163 days served.

In November, Bell pled guilty to misdemeanor stalking and domestic violence after Nard agreed to drop six felony charges against him. Bell is currently being held in the Macomb County Jail on $500,000 cash surety bond on charges of felony carjacking, extortion, unlawful imprisonment, assault by strangulation, felonious assault, aggravated stalking and a misdemeanor charge of domestic violence, second offense. Those charges were brought against Bell by police after a complaint was filed by Nard in January.

Bell admitted to violating the no-contact order, but said Nard also played a part in maintaining contact after Nov. 12.

“I think Michelle played a major role in that from the beginning in terms of getting me out of jail and making it known that she did that,” said Bell. “I understand the seriousness of the charges and the importance of not having any contact with her. I also understand that the no-contact order is in place not just to benefit the victim but the accused as well.”

Bell seemed to indicate he hoped after having the six felony charges dismissed in November, that he and Nard would be able to resume their former relationship.

“I was led by my heart to believe she was going to do the right thing and make things right,” said Bell. “I understood too late the importance of completing those classes and not having any contact with her. A lot of this was forced upon me by her, but I apologize to the court for my part in this.”

Chupa said he kept the no-contact order in place, even after Nard dropped several of the charges against Bell, because he was trying to help all parties involved.

“I put the no-contact provision in place not only for her benefit but quite candidly for yours,” said Chupa. “I tried to give you a shield and give you both some time for reflection. Had you followed my instructions, you probably would not have found yourself in this position facing new criminal charges.”

Criminal defense attorney Craig Tank, who is representing Bell, expressed frustration that seven Macomb County Circuit Court judges have recused themselves from his client’s pending case.

“We can’t even get a judge to get the bond reduced,” said Tank, who indicated that judges have recused themselves because of Nard’s role as a Macomb County Commissioner. “It says a lot about the dysfunction of Macomb County because we have an elected commissioner that is quite literally under psychiatric care because she sees and hears things that don’t happen and who is also responsible in some way for the funding of the circuit court. Because the people of the City of Warren have elected an insane person it has prevented the Macomb County Circuit Court from ruling.”

Tank said he expects to have a judge from another county appointed to the case. He also hinted that he plans to introduce evidence in Bell’s upcoming trial showing that Nard is not a reliable witness.

“The complaining witness is a person that quite literally has very severe psychiatric problems and sees and hears things that don’t happen,” said Tank. “This person is delusional, is under psychiatric care and receives medication so she does not have paranoid delusions.”
















Macomb County judges recuse themselves from Warren activist’s criminal case
Bell is accused of carjacking, imprisoning county commissioner
Macomb Daily
April 04, 2022


Three Macomb County judges have recused themselves from the criminal case against a Warren political activist who is accused of carjacking, imprisoning and stalking a county commissioner.

Macomb Circuit Judge Judge Edward Servitto on Wednesday took himself off of the case of Jerry Tommy Bell, 47, who is accused of abducting Commissioner Michelle Nard at knifepoint Dec. 27 and forced her to go shopping. He stole her car while she was inside a Roseville store.

Servitto cited a “conflict of interest,” court records say.

Judges Michael Servitto, who is Edward Servitto’s son, and Diane Druzinski previously recused themselves. Druzinski disqualified herself due to “an appearance of impropiety,” records say.

The case was reassigned to Judge James Maceroni on Thursday following Servitto’s disqualification Wednesday, according to court records, which did not indicate a reason for the disqualification.

Macomb County Prosecutor Peter Lucido previously removed himself and his office from the case due to a potential appearance of impropriety because the county Board of Commissioners approves the Prosecutor’s Office budget.

Although the board also approves the court’s budget, Macomb circuit judges over the years have handled many cases involving the county government, including the board.

In January, 37th District Court Judge Michael Chupa bound over Bell on charges of carjacking, unlawful imprisonment, aggravated stalking, assault with a dangerous weapon and domestic violence, second offense.

This is the second time Nard has accused Bell of crimes in recent months. Nard last Sept. 20 accused Bell of sexually assaulting and committing other crimes against her. Bell was iniitally charged with five felonies (six counts) and one misdemeanor but all of the felony charges were dropped. Bell last November pleaded guilty to misdemeanor stalking and domestic violence. He was sentenced to five years probation and completion of a batterers intervention class.

Nard and Bell were opponents in the 2019 election for a City Council seat. Bell introduced Nard as his fiance at the Sept. 14, 2021, council meeting. They had been reportedly dating for four months.

Bell said Nard became upset when he broke off the relationship the day before the first incident.

Nard won her current seat in the 2020 election and is up for re-election this year.

Bell remains held in the county jail in lieu of a $500,000 bond.
















Judge maintains five of seven charges against Warren Activist
Jerry Bell accused of carjacking, imprisoning Macomb County Commissioner
Macomb Daily
January 26, 2022



A Warren community activist was bound over to Macomb County Circuit Court on Tuesday on five of seven charges against him for alleged incidents against his county commissioner ex-girlfriend.

Jerry Bell, 47, was ordered to the higher court on charges of carjacking, unlawful imprisonment, aggravated stalking, assault with a dangerous weapon and domestic violence, second offense by Judge Michael Chupa following a preliminary examination in 37th District Court in Warren. Chupa dismissed charges of extortion and assault with intent to do great bodily harm.

Macomb County Commissioner Michelle Nard of Warren told police Bell threatened her with a knife and forced her to go shopping at several stores Dec. 27, and that he stole her car while she was inside the Shoe Rack Outlet on Gratiot Avenue.

This is the second recent case involving Bell and Nard. In the prior case, Nard accused Bell of sexually assaulting and committing other crimes against her last Sept. 20. Bell was initially charged with two counts of criminal sexual conduct, extortion, assault with intent to do great bodily harm or by strangulation, felonious assault, kidnapping and one misdemeanor count of domestic violence. However, all of the felony charges were dropped, and Bell on Nov. 12 pleaded guilty to misdemeanor stalking and domestic violence.

He currently is on five years probation for that case and must complete one year of batterers intervention classes. A no-contact order with Nard was to be in effect until he completed 12 sessions.

Bell remains held in the county jail in lieu of a $500,000 bond.
















Bell faces key hearing in Warren case involving Macomb county commissioner
Commissioner Michelle Nard says Bell forced her to go shopping at knife point
Macomb Daily
January 18, 2022


A preliminary examination has been scheduled for next week for a Warren community activist on charges he carjacked, assaulted and stalked a Macomb County Commissioner he previously dated.

Jerry Bell, 47, will face the hearing next Tuesday in 37th District Court in Warren at which time Judge Michael Chupa will decide whether there is probable cause a crime was committed. If so, the case will advance to the Macomb County Circuit Court for further proceedings.

On Tuesday, Bell appeared from the county jail via Zoom video for a brief hearing at which the preliminary examination was scheduled. He is being held in lieu of a $500,000 bond.

Also appearing remotely were Bell's attorney, Craig Tank, and Genessee County Assistant Prosecutor Jennifer Janetsky, who prosecuted the previous case involving Bell and the complaining witness, Michelle Nard, a county commissioner from Warren, that came before Chupa last October.

In that case, Bell was charged with two counts of criminal sexual conduct, extortion, assault with intent to do great bodily harm or by strangulation, felonious assault, kidnapping and one misdemeanor count of domestic violence. The charges stemmed from an alleged incident last Sept. 20 between Bell and Nard. Nard later dropped the felony charges. Bell on Nov. 12 pleaded guility to misdemeanor stalking and domestic violence.

He currently is on five years probation for that case and must complete one year of batterers intervention classes. A no-contact order with Nard was to be in effect until he completed 12 sessions.

In the newer case, Nard alleges Bell threatened her with a knife and forced her to go shopping at several stores Dec. 27, and that he stole her car while she was inside the Shoe Rack Outlet on Gratiot Avenue.

He is charged with carjacking, punishable by up to life in prison; extortion, a 20-year felony; unlawful imprisonment, a 15-year felony; assault by strangulation, a 10-year felony; aggravated stalking, a five-year felony; felonious assault, a four-year felony; and domestic violence, second offense.

County Prosecutor Peter Lucido has recused himself and his office from the case.
















Bond set at $500K for Warren activist Bell
Macomb County Commissioner brings charges against former fiancé for a second time
Macomb Daily
January 4, 2022

A Warren community activist has again been charged after his former girlfriend and Macomb County commissioner filed a criminal complaint alleging he kidnapped and attempted to strangle her.

Warren resident Jerry T. Bell was arraigned Tuesday in 37th District Court before Judge Michael Chupa on charges stemming from allegations made by his former fiancé, Macomb County Commissioner Michelle Nard. This marks the second time Nard has pressed similar charges against Bell in the past four months.

Bell is charged with carjacking, a felony that carries a term of life or any term of years; extortion, a 20-year felony; unlawful imprisonment, a 15-year felony; assault by strangulation, a 10-year felony; aggravated stalking, a five year felony; felonious assault, a four-year felony; and a misdemeanor charge of domestic violence, second offense.

“You are well aware of the history of this case,” said Genesee County Assistant Prosecuting Attorney Jennifer Janetsky, who prosecuted the previous case involving Bell and Nard that came before Chupa last October.  “Mr. Bell is on probation to you right now because of his previous offense against the same victim. These are very serious charges again. He remains in violation of your probation for simply having contact with Ms. Nard. We are asking for a cash bond of $100,000 per felony count.”

Chupa set bond at $500,000 cash surety and Bell will be required to wear a GPS tether should he post bail.

Bell appeared via video from the Warren jail.

A probable cause conference was scheduled for Jan. 18; a preliminary examination hearing is scheduled for Jan. 25.

“The allegations don’t match the facts or the reality of the situation,” said criminal defense lawyer Craig Tank, who is representing Bell in the case. “I support the requirement for a GPS tether because it would protect Mr. Bell from further unfounded allegations.”

Nard alleges Bell threatened her with a knife and forced her to go shopping at several stores on Dec. 27 and that he stole her car while she was inside the Shoe Rack Outlet on Gratiot Avenue.

Bell declined to make any comment on the case during the proceedings and said Tank would be speaking on his behalf.

After the Jan. 4 arraignment, Tank gave an example of how he believes Nard’s allegations do not match with case evidence.

“My client is being accused of kidnapping because he took Ms. Nard shopping at several stores and spent money on her,” said Tank. “What actually happened does not match up with the allegations.”

Last October, Bell was 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 stemmed from an alleged incident that reportedly occurred on Sept. 20, 2021 between Bell and Nard. Nard dropped the felony charges and on Nov. 12, Bell pled guilty to misdemeanor stalking and domestic violence.

Chupa set strict requirements for Bell at the Nov. 12 hearing including five years of reporting probation and 52 weeks of batters intervention counseling. The judge also kept in place a no-contact order between Bell and Nard until Bell could prove to the court he had completed 12 batters intervention classes.

Chupa reiterated the guidelines of the no-contact order to Bell during Tuesday’s proceedings.

“It means what it sounds like: no phone calls, no emails, no text messages, no Twitter, no Skype, no internet site I never heard of before,” said Chupa

“You may not appear where she is for any reason or purpose. You may not send her a message, or flowers, or pizzas or ask someone else to deliver a message for you. If you are eating in a restaurant and she walks in, you must leave immediately.  I will not accept accidents or mistakes. If you go parachuting that is up to you, but your parachute better not drop you where Ms. Nard is. I will not even allow gravity to put you in her presence.”

Macomb County Prosecutor Peter Lucido recused himself in both cases involving Nard and Bell and turned the information, provided to him by Warren police, over to the State Attorney General’s office. The case was assigned to the Genesee County Prosecutor’s Office both times. Warren police turned information in the current case over to the Macomb County Prosecutor on Dec. 28 and a warrant for Bell was issued by the Genesee County Prosecutor on the afternoon of Jan. 3.

Bell turned himself in to police at 9 a.m. Tuesday.









Friday, January 21, 2022

01212022 - Wayne County Judge Tracy Green - Disciplinary Counsel's Proposed Findings Of Fact And Conclusions Of Law

 




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.)





































Disciplinary Counsel's Proposed Findings Of Fact And Conclusions Of Law - 
Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
January 21, 2022




















Respondent Judge Tracy Green's Proposed Findings Of Fact And Conclusions Of Law - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
January 23, 2022
















Disciplinary Counsel's Reply To Respondent's Proposed Findings Of Fact And Conclusions Of Law - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
January 31, 2022


















Respondent Judge Tracy Green's Response To Disciplinary Counsel's Proposed Findings Of Fact And Conclusions Of Law - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
January 31, 2022


















The Master's Findings Of Fact And Conclusions Of Laws - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
February 28, 2022



















Wayne County judge lied about son's abuse of her grandsons, official finds
The Detroit News
March 03, 2022
Wayne County Circuit Judge Tracy Green was aware her grandsons were being physically abused by her son and lied to investigators about the abuse, a retired judge has ruled.

In a 27-page ruling released Monday, retired Ann Arbor trial Judge Betty Widgeon determined that Green violated Michigan court rules and the state's rules of professional conduct by knowingly concealing evidence of the abuse of her grandsons and making false statements about her knowledge of that abuse

Widgeon found that the Michigan Judicial Tenure Commission did not prove a third complaint, that Green knowingly made false statements to the commission.

Widgeon was appointed last year by the Michigan Judicial Tenure Commission to serve as a special master, or fact-finder, after the commission lodged a misconduct complaint against Green in November of 2020.

Widgeon presided over 12 days of testimony on the hearings on the complaint during which Green's two grandsons testified, and her ruling means the commission could find Green committed misconduct and refer the case to the Michigan Supreme Court for potential discipline.

Efforts to reach Green's attorney, Michael Ashcraft, were not successful.

In a written response to the commission Jan. 23, Ashcraft wrote that "Judge Green has been truthful in responding to the Commission’s questions and testifying at a hearing concerning the use of makeup. There was a single occurrence when she applied liquid foundation to the cheek of (a grandson) when he had been slapped in the face by his father. The Judge explained precisely what had occurred in her response to the very first request for comment and the explanation has remained the same since that time."

Ashcraft added that "there is no evidence in the record proving the foundational elements of child abuse and actual knowledge of child abuse."

Widgeon wrote that many of Green's denials that she knew anything about abuse, bruises or corporal punishment inflicted on the boys by her son, Gary Davis-Headd, were "directly contradicted by (the boys’) testimony.”

“There are also instances in this hearing in which Respondent either directly contradicted or gave testimony incompatible with her earlier testimony or her statements to the Commission, especially regarding her knowledge of the fact that Davis-Headd had been using corporal punishment on the boys during the time period in question and her application of makeup to bruises (on one of the boy’s) face,” Widgeon wrote.

"This was a difficult case, especially for the boys," Lynn Helland, executive director of the Judicial Tenure Commission, said Friday "I'm happy (Widgeon) credited the boys' testimony."

The commission said between July 2014 and June 2018, she "was aware that on multiple occasions her son had been abusive to his then-wife, Katy Davis-Headd, by slapping her and choking her."

Green, the complaint adds, "was aware that her son was prone to abusive behavior" and was using strong and stern punishment as well as using a belt on his two sons, the judge's two grandsons, who were under 11.

The complaint alleged that Green was made aware of the abuse by the children and that she saw marks on the face of one of the boys that he told her had been inflicted by his father.

The commission alleges that "at least one time in 2016 or 2017, the judge saw her son hit the child on his face and chest while the judge was in the kitchen of her home."

Green, according to the complaint, was aware from 2015 through 2018 that her son was under a court order not to use corporal punishment on the children. She is accused of trying to "conceal" some of the abuse of the boys by putting makeup on their bruises, according to the complaint.

The commission alleges that "on four occasions" Green saw injuries on the face of one of the boys and that the child told her they were inflicted by his father.

Green is accused of making false statements about her knowledge of the abuse to the commission when asked about it. In the judge's answer on Nov. 21, 2019, to the commission’s questions, she stated, “I was, and remain, unaware of any alleged ‘abuse’ of my grandchildren by my son,” according to the complaint.

Green's son was convicted in 2019 of two counts of second-degree felony child abuse in Wayne County Circuit Court. He was sentenced to concurrent 4- to 10-year prison terms for each conviction. 

Elected in 2018 to the Circuit Court's family division, Green has served in the criminal division since 2019. She was an attorney for more than two decades. She is known for her work in reuniting parents with their children who were in foster care.

The case now goes to the nine JTC commissioners who will make a decision whether to hold more hearings on Widgeon's report or send the matter to the Michigan Supreme Court. The court can determine there was no misconduct by Green, or decide to censure, suspend or remove Green from the bench.




















Judge Tracy Green found to have lied
WXYZ-TV News - Detroit
Mar 4, 2022
Wayne County Judge Tracy Green is facing sanctions after having been found to have lied in a case involving her son's abuse of her grandsons.

























Wayne County judge used makeup to cover marks on grandsons left by son, report says
WXYZ-TV News - Detroit
Mar 4, 2022
DETROIT (WXYZ)  — Third Circuit Court Judge Tracy Green could be one step closer to being sanctioned by the Michigan Judicial Tenure Commission or removed from the bench after a ruling in an ethics violations hearing.

Green put makeup on her grandsons to cover marks on the children that were left by her son, according to a retired judge from Ann Arbor who made the ruling in a case being handled by Disciplinary Counsel for the Commission.

Retired Judge Betty R. Widgeon also found that Green knew that on one occasion, her son hit one of the grandchildren so hard that he left his hand print on the child's face.

Widgeon also found that Green knew that her son used "court prohibited corporal punishment" on her grandsons and that he slapped and choked his now former wife.

Green's son, Gary Davis-Headd, is currently serving time in prison on two counts of second-degree child abuse.

In 2015, Davis-Headd was found not guilty of domestic violence, kidnapping and stalking.

And the latest in her problems with the Judicial Tenure Commission comes on the heels of Wayne County Court Judge Bruce Morrow's six-month suspension without pay. His suspension began in January.

The commission found that Morrow made inappropriate and explicit comments to two female attorneys.

Morrow officially retired from Third Circuit Court at the beginning of January, but he has filed a motion for a rehearing on his case with the commission.

A visiting judge is handling the cases that had been assigned to Morrow until Gov. Gretchen Whitmer appoints someone to fill his seat for the term that concludes at the end of 2022.

In the video player above, watch the latest in the disciplinary counsel's case against Green.
















Family reeling after mom's homicide in Detroit: 'If it ain't one thing it's another'
Detroit News
March 14, 2022 








Detroit — From homicide to auto theft to issues in the court system, multiple elements of the city's crime problem have landed on Anthony Perkins' doorstep, heaping difficulties and frustration on the 40-year-old unemployed ex-autoworker and his family.

In November, Perkins assumed custody of his 11-year-old daughter and 15-year-old son after their mother, Andrea Tucker, was fatally shot in the driveway of her eastside home

Perkins, a former Chrysler employee who said he has been out of work since injuring his back seven years ago, doesn't own a vehicle. After he helped console his children to the point where they were ready to return to school, he drove them in Tucker's former 2014 Chevy Malibu.

It's the same car Tucker used to drop the kids off at school the morning of Nov. 17, before she returned home to what prosecutors say was an ambush by Jarren Cox, the 19-year-old son of Tucker's ex-boyfriend, David Hammond. 

As Perkins tries to help his kids resume their daily routine in the wake of the killing, he said he's been hobbled by another crime: Last week, the silver Malibu was stolen from the street in front of his eastside house.

Perkins, who dated Tucker for several years, said he's scrambling every day to get the kids to and from school.

"I looked out the window and the car was just gone," said Tucker, who lives near Harper and Interstate 94, about five miles from the schools his children attend, University Preparatory Academy middle and high schools.

"I'm leaning on friends and family for rides," he said. "It's a bunch of things at once. It's hard, man."

Perkins' mother Darselena Perkins, who lives in Las Vegas but flew to Detroit to help out for a few weeks after the killing, said the stolen car has exacerbated the family's plight.

"The kids are struggling," she said. "They're just now trying to get into normal activities, back in school, into therapy — and then the car gets stolen.

"If it ain't one thing, it's another."

As of Friday, there had been 1,307 auto thefts reported in Detroit in 2022, a 26% increase over the same period in 2021, according to Detroit Police Department statistics. There were 42 homicides year-to-date in 2022, down from 56 during the same period last year.

Anthony Perkins, Darselena Perkins and other relatives say they absorbed another gut-punch recently when they learned that a judge on March 1 had reduced the bond of Hammond, Tucker's 45-year-old ex-boyfriend who was named by police as a person of interest in her death immediately after the shooting.

A citizen's tip led to Hammond's arrest on Nov. 18, a day after his name and picture were released by police, but he has not been charged in connection with Tucker's killing. Detroit police officials declined to discuss the case because they said Hammond is still under investigation. 

Hammond's attorney, Christopher Sinclair, declined to comment. 

Although he wasn't charged in connection with Tucker's killing, Hammond has been in the Wayne County Jail since his arrest in November on charges that he allegedly assaulted Tucker and firebombed her house three years ago and then violated a personal protection order.

Hammond was charged in October 2020 with aggravated domestic violence, felonious assault, second-degree arson and first-degree home invasion in connection with the Sept. 25, 2019, incident.

Despite Hammond's previous convictions for armed robbery and felony drug possession, 36th District Judge Millicent Sherman released him on his own recognizance on Oct. 23, 2020.

The case languished in the court system for months, in part because of COVID-related delays, until a preliminary examination was held Nov. 3, 2021, before 36th District Judge Kenneth King, who bound the case over for trial in Wayne Circuit Court.

At the hearing, King also continued Hammond's bond conditions. The judge told The Detroit News in November he allowed the continuation because Hammond hadn't violated his bond and there were no objections by prosecutors or police.

On Nov. 12, nine days after Hammond's personal bond was continued, a Detroit police detective asked an assistant Wayne County prosecutor to file a petition requesting that Wayne Circuit Judge Gregory Bill rescind Hammond's bond.

The request was based on several doorbell videos Tucker had provided to the detective that showed a man in her yard, prosecutors said. Although the man's face couldn't be identified in the video, Tucker insisted it was Hammond, according to prosecutors and police.

Officials at the Prosecutor's Office said the assistant prosecutor didn't feel there was enough evidence to ask a judge to rescind Hammond's bond. But the day after The News reported that the detective's request for a petition had been denied, prosecutors filed the petition based on the same evidence they had rejected earlier. 

During a Nov. 19 emergency hearing, two days after Tucker's was gunned down, Bill ruled the evidence was sufficient to revoke Hammond's bond and ordered him remanded to the Wayne County Jail. 

On March 1, Wayne Circuit Judge Tracy Green, who was assigned the case in December, reduced Hammond's bond to $100,000/10%. According to Wayne County Jail online records, Hammond was still incarcerated Monday.

Assistant Wayne County Prosecutor Maria Miller said in an email that her office objected to Green's decision to lower Hammond's bond.

“We were vehemently and completely opposed to a reduction in bond," Miller said. (Assistant Prosecutor) Trish Gerard did an excellent job representing our position, (but) unfortunately Judge Green lowered the defendant’s bond in this serious felony case.”

Green did not return a phone call seeking comment. Last week, a retired judge hearing evidence in a Michigan Judicial Tenure Commission investigation ruled Green violated Michigan court rules and the state's rules of professional conduct by knowingly concealing evidence of the abuse of her grandsons and making false statements about her knowledge of that abuse. Those were two of three allegations levied against her, and the investigation by the agency is ongoing. 

Darselena Perkins said the judge's decision to lower Hammond's bond was "hurtful."

"The system is so crazy," she said. "You had (Detroit Police Chief James White) going on the news saying 'the system failed Andrea.' Well, guess what? The system failed her again. How could the judge lower this man's bond like that? How do you tell these children to trust the system that keeps failing their mother?"

Hammond's son, Cox, who lived in Wixom, faces first-degree murder and witness intimidation charges. In a press release announcing the Nov. 25 charges, Wayne County Prosecutor Kym Worthy said: “The evidence in this case will show that this defendant is the actual shooter of Ms. Tucker. That being said, this case is still under investigation."

In addition to representing Hammond on the domestic violence, assault and arson charges, Sinclair also is the attorney for Cox in the murder case.

"The Wayne County Prosecutor’s Office believes that the representation of these two defendants by the same attorney creates a conflict of interest," Miller said. "We will be addressing this issue in court."

Anthony Perkins said his children were surprised when they learned Cox was Hammond's son.

"When my son found out (Hammond) had a son he was shocked," Perkins said. "The whole time, (Hammond) told them he had had a son, but that he had died."

Darselena Perkins said the family is trying to help the children cope with their mother's loss while bracing for more pain.

"We're planning for the oldest one's birthday; his 16th birthday is coming up, and we want to have something special to try to take his mind off everything," she said.

"But it's going to be especially hard when Mother's Day rolls around soon," she said. "The kids seem to have lost hope and faith. You try to tell them to trust the system, that it'll all work out. But they're having a hard time hearing it."




















Backlog of complaints against Michigan judges stacks up, risking 'justice denied'
The Detroit News
March 15, 2022






Detroit — A backlog of cases alleging misconduct by Michigan judges started stacking up in 2017 and has gotten worse every year since. 

So Michigan's Judicial Tenure Commission — which investigates complaints against the state's 1,100-plus active judges, not including those on the federal bench — is asking for more money to hire additional staff to help ease that backlog. 

Five years ago, the commission had four full investigations more than a year old, and none more than three years old. In 2021, the commission had 37 investigations more than a year old, and five of them more than three years old.

Lynn Helland, executive director of Michigan's Judicial Tenure Commission, appeared earlier this month before a state Senate subcommittee to ask for an additional $566,000 in next year's budget — most of it a one-time appropriation to hire contract attorneys to help cut down the caseload. But this week Helland upped the request to $1.5 million for even more staff to eliminate the backlog of 39 open cases through 2021.

Lawmakers showed sympathy and support for the request during the hearing. But funding is not necessarily ensured since budget negotiations between the Republican-controlled Legislature and Democratic Gov. Gretchen Whitmer are often contentious and complicated, especially in an election year. 

Since 2020, four Michigan judges have been publicly named or disciplined for violations, including inappropriate behavior and comments in court; failure to disclose relationships with those appearing before the judge; misusing public funds; conducting court without a record of proceedings; and allegedly covering up physical abuse of a family member.

But dozens of investigations of other unnamed judges are delayed, some for years. The commission works essentially in secret during its preliminary investigations of judges and only makes a public announcement if it issues a formal complaint against a judge.

"It's not as though the Michigan judiciary is going crazy, because that's not what's happening," Helland told The Detroit News. "The great majority of judges, we never get a legitimate complaint about them at all."

While the commission receives hundreds of requests for investigations per year, the public only learns a judge's identity and alleged misdeeds when the commission files a public complaint. In 2020, the commission received about 440 requests for investigation, covering 464 judges, according to its annual report.

About half of its complaints seek a review of the underlying case. Since that is the work of an appeals court, those complaints are dismissed "unless they also showed evidence of judicial misconduct," the report read. 

Historically, Helland said, close to 95% of complaints have no substance and could be closed with minimal work, he said. But for reasons Helland and the staff struggle to understand, in 2015, the complaints that led to full investigations became more complex. Investigations began to take more time, he said.

When the staff sees a complaint might have substance, it forwards that complaint to the commission "and the commission decides: Are we going to pursue this or not?" Helland explained.

If so, the commission investigates and recommends discipline, if appropriate. The Michigan Supreme Court makes the final decision on whether a judge should be disciplined and what the punishment should be.

"Nobody here is able to say why we are seeing more complaints that led to that kind of Pandora's box of an investigation," Helland said. "But for whatever reason, we started seeing more of them. Those are the cases that take all the time." 

When cases are not investigated in a timely fashion, people lose trust in the system, said Susan Fortney, director of Texas A&M University School of Law's Program for the Advancement of Legal Ethics.

"The concern is, if this is serious enough misconduct to investigate, and the person's continuing to sit without there being any consequences, then that becomes a form of justice denied," Fortney said. "It creates questions in terms of the integrity of the legal process."

'What would it take?'
When Helland appeared before the Senate subcommittee this month, he requested what he called a modest amount in state funding: A permanent increase of $192,000 a year to hire a staff paralegal and $374,000 in one-time spending to hire three contract attorneys. 

If the Legislature approves the request and it is signed into law, the funding would not eliminate the backlog, but cut into it, he said. To do that would cost more — nearly three times more, he believes.

Helland testified at the March 9 meeting of the Senate Appropriations Subcommittee for Corrections and Judiciary. After Helland explained the problem, Sen. Jim Runestad, R-White Lake, noted the great power judges hold.

"They have the power of absolute control. They can take your kids. They can take your money. They can take your home. They can take your property. They can take your freedom," Runestad said. "They can take every single thing from you, and making sure that the judiciary is run appropriately is so critical."

Then Runestad asked: "What would it take to hire more contract attorneys so we can clear this backlog out?"

That question, according to Helland, is "unheard of" in his dealings with the Legislature, which he admits have been minimal since his hiring in 2017.

Helland told the committee that he didn't want to lose credibility by asking for too much money, so he made a modest request. He said seven attorneys could probably clear the backlog, and that he would "be happy to try to do a more careful crunch" on the numbers.

This week, Helland put numbers to the larger request: $400,000 per year in new funding for one attorney and one paralegal, and $1.1 million for seven contract attorneys for the backlog, he told The News.

Sen. Adam Hollier, D-Detroit, sits on the subcommittee with Runestad and Chair Sen. John Bizon, R-Battle Creek. 

"Our courts are underfunded by a huge margin," said Hollier, 36. "We've never seemed to find the money to invest in them under Republican control. And I don't say that flippantly — Republicans have controlled the state Senate every day I've been alive."

Republicans have held the Senate since February 1984.

Hollier said he did not perceive in Runestad's remarks the sea change in attitudes that Helland did. He said he would believe it when he sees it.

"A change would be adding the money," Hollier said. "I haven't seen that."

'Delays are ... unacceptable'
In 2019, the Michigan Supreme Court lent money from its own budget to help the commission work through part of its backlog, Helland testified. The Supreme Court "devoted $100,000 from its own budget" to allow the commission to hire contract help, State Court Administrator Tom Boyd said. 

“The key concern from our perspective continues to be that the Judicial Tenure Commission is falling further and further behind because staffing levels have not kept up with the number and complexity of investigations," Boyd said in a statement. 

"For the public to maintain trust and confidence in their judiciary, allegations of improper conduct must be investigated and addressed as quickly as possible. Delays that stretch from months into years are unacceptable."

Time does factor into the commission's triage process of deciding what should be investigated immediately — and what merits investigation, but can wait. Ultimately, behavior and ethical implications outweigh how long a complaint hasn't been investigated.

"Time is a big deal in the triage," Helland said. "But the bigger deal is, what is the nature of any ongoing harm? And where is that harm the greatest?"

Judicial misconduct complaints
Only four of the Judicial Tenure Commission's 2020 cases are listed by name. They represent three public complaints filed in 2020 and one from 2019.

• Wayne County Circuit Judge Bruce Morrow was accused of speaking in a sexually inappropriate manner with attorneys in his courtroom in a public complaint filed in August 2020.

Among the many remarks flagged for the commission was Morrow's response after hearing testimony that a couple had sex differently because the man did not want to hurt the victim, who was pregnant, and cause a miscarriage.

Morrow, the complaint said, took issue with that.

"Does he think his (d---) is so big that he would hurt that baby?" the judge allegedly asked.

In January, a year and a half later after the complaint was publicized, the Michigan Supreme Court suspended Morrow for six months without pay. The commission had recommended a yearlong suspension. 

• In a public complaint filed in November 2020, Wayne County Circuit Judge Tracy Green was accused of knowing that her grandchildren were allegedly physically abused by her son. Not only did Green allegedly not report the abuse, she covered it up and lied about it, the commission alleged.

Green, according to the complaint, was aware from 2015 through 2018 that her son was under a court order not to use corporal punishment on the children. The judge was accused of trying to "conceal" some of the abuse of the boys by putting makeup on their bruises, according to the complaint.

Earlier in March, a special master or fact-finder appointed by the commission to the Green case issued a 27-page report. 

Retired Judge Betty Widgeon, the fact finder, found that Green violated Michigan court rules and the state's rules of professional conduct by knowingly concealing evidence of the abuse of her grandsons and making false statements about her knowledge of that abuse. 

But Widgeon also found that the Michigan Judicial Tenure Commission did not prove a third complaint, that Green knowingly made false statements to the commission.

Helland said that the commission will hear from "both sides" of the Green case on June 13. He said he "expects" a ruling by its July 18 meeting.

If the matter is forwarded to the Michigan Supreme Court, the court can determine there was no misconduct by Green or decide to censure, suspend or remove Green from the bench.

• Judge Kahlilia Davis of 36th District Court in Detroit was accused of conducting court without a record of proceedings. The commission filed its public complaint in March 2020. 

Davis, according to the complaint, "disconnected, damaged, disabled, did not activate" recording equipment when she presided over cases in January and February 2019. 

The complaint alleged that the judge presided over 29 cases during that period, knowing that the proceedings were not being recorded and that there was no court reporter present. 

Due to the allegations, the Michigan Supreme Court gave Davis an "interim" suspension in June 2020, with pay, "until further order of this court." Her case is still pending.

• Judge Byron Konschuh of 40th Circuit Court in Lapeer County was accused of misusing public funds as both a judge and Lapeer County prosecutor; of failing to disclose personal relationships — some positive, some negative — with people appearing before him in court; and of "misrepresenting the truth" about the misspent money to Michigan State Police in open court and to the commission itself. 

In August 2020, the commission recommended that the Michigan Supreme Court remove Konschuh from the bench. Konschuh went on to lose his November 2020 re-election bid.

In June 2021, the Supreme Court banned Konschuh from the bench for six years — an order that takes effect if he ever gets appointed or elected to judicial office again. 

Another eight cases in 2020 were closed with "letters of caution" to the judges. But those names, allegations and findings are not released publicly.

Other stories that go untold, Helland said, are the cases where a complaint is investigated and the judge resigns before a public complaint is filed.

In 3% of the commission's investigations in 2020, a judge retired or resigned. Those, too, are considered dismissed cases and remain confidential.

"It's a great outcome," said Helland of a resignation prior to a public complaint. "But it's all hidden from public view."

Fortney, the legal ethics scholar, said states should "re-examine those rules" that allow a judge to resign or retire and the case remains private. 

"If people think they can take a back door out and escape scrutiny, they will," Fortney said. 























Notice Of Hearing - Oral Arguments - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
March 16, 2022


















Disciplinary Counsel's Brief In Support Of And In Opposition To Master's Findings Of Fact And Conclusions Of Law And Disciplinary Analysis - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
April 15, 2022


















Respondent Judge Tracy Green's Objections To Report Of Master - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
April 15, 2022























Judicial Tenure Commission staff wants Wayne Co. judge tossed off bench
The Detroit News
April 18, 2022



Staff at the watchdog agency that polices Michigan judges wants a Wayne County Circuit Court judge removed from the bench after investigating her actions in connection with a child abuse case against her son.

"In this case, (Judge Tracy Green) concealed evidence that her son abused her grandsons," Michigan Judicial Tenure Commission staff members Lynn Helland and Lora Weingarden wrote. "She thereby violated the criminal law by tampering with evidence of a crime. She lied about having done that, and told multiple related lies in court, to the media, during the Commission’s investigation, and during the hearing before the Master.

"Her conduct was also selfish in that she was trying to save face in supporting her abusive son at the expense of her grandsons, while she ran for judge in 2018 on the platform that she was a child and family welfare advocate."

Green's attorney, Michael Ashcraft, told The Detroit News Monday that neither he nor the judge can comment on the case outside of legal filings.

In February, retired Ann Arbor trial Judge Betty Widgeon, appointed special master by the commission, determined that Green violated Michigan court rules and the state's rules of professional conduct by knowingly concealing evidence of the abuse of her grandsons and making false statements about her knowledge of that abuse.  

Widgeon found that the Michigan Judicial Tenure Commission did not prove a third complaint, that Green's false statements to the commission were intentional.

Helland, who is executive director of the commission, and Weingarden, a staff attorney, pushed back against that finding, arguing there is ample evidence that Green knew of the abuse and that "her omissions, denials, and misrepresentations were deliberate."

Green's son was convicted in 2019 of two counts of second-degree felony child abuse in Wayne County Circuit Court. He was sentenced to concurrent 4- to 10-year prison terms for each conviction. The commission lodged a complaint against Green in November of 2020.

Ashcraft in a separate filing to the commission wrote that Green's statements throughout the investigation are not inconsistent. 

"Simply stated, Judge Green was never aware of any abuse of her grandsons at the hand of their father, was aware of past spankings, was unaware of any corporal punishment following the slap to the cheek of Gary, Jr., and had no recall of any specific occasion or situation concerning the boys being spanked."

He pointed out that Helland and Weingarden conducted the investigation of Green and also served as prosecutors for the commission, a violation of Green's "right to due process."

He also said Weingarden, when she was a Wayne County assistant prosecuting attorney, dismissed a case against a family member of Green who was a juvenile but had been charged in adult court. She was accused of giving Green’s relative favorable treatment and that complaint drew media coverage, Ashcraft wrote, although he added that “Ms. Weingarden correctly decided to dismiss the case in adult felony court. She never consulted Judge Green, who was then an attorney, nor did she even know Judge Green.”

Regardless, that accusation “created a clear conflict of interest in Ms. Weingarden either investigating or prosecuting in this case. Judge Green’s case could have easily been reassigned to another staff investigator/staff attorney in the Commission’s office.”

Ashcraft also wrote that Judicial Tenure Commission conducted a search of Green's phone without properly obtaining a warrant and that the judge had a right to and requested in-person hearings, while Widgeon held virtual hearings.

Ashcraft asked the commission to dismiss the two counts upheld by Widgeon — that Green violated Michigan court rules and the state's rules of professional conduct by knowingly concealing evidence and making false statements.

"In the event the Commission concludes otherwise, at a minimum, the denial of Judge Green’s constitutional rights and the errors of the appointed Master entitles the Judge to a re-hearing," Ashcraft wrote.. 

Green, according to the complaint, was aware from 2015 through 2018 that her son was under a court order not to use corporal punishment on his two sons. She is accused of trying to "conceal" some of the abuse of the boys by putting makeup on their bruises, according to the complaint.

The commission alleges that "on four occasions" Green saw injuries on the face of one of the boys and that the child told her they were inflicted by his father.

In her answer on Nov. 21, 2019, to the commission’s questions, she stated, “I was, and remain, unaware of any alleged ‘abuse’ of my grandchildren by my son,” according to the complaint. 

Widgeon found that many of Green's denials that she knew anything about abuse, bruises or corporal punishment inflicted on the boys by Davis-Headd, were "directly contradicted by (the boys’) testimony.”

The case now goes to the nine JTC commissioners who will make a decision whether to hold more hearings on Widgeon's report or send the matter to the Michigan Supreme Court. The court can determine there was no misconduct by Green, or decide to censure, suspend or remove Green from the bench.

Elected in 2018 to the Circuit Court's family division, Green has served in the criminal division since 2019. She was an attorney for more than two decades. She is known for her work in reuniting parents with their children who were in foster care. 

















Disciplinary Counsel's Answer To Respondent's Objections To Master's Report - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
April 29, 2022




















Respondent, Judge Tracy Green's Response To Disciplinary Counsels' Brief In Support Of And In Opposition To Master's Findings Of Fact and Conclusions Of Law, And Disciplinary Analysis - Judge Tracy Green Complaint No. 103
Michigan Judicial Tenure Commission
April 29, 2022

















Findings Of Commission Hearing - Judge Tracy Green Complaint No. 103
Judicial Tenure Commission
Jun 13, 2022