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.









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