05302013 - US Department Of Justice - Michigan Public Act 550 - Michigan's Silencing Of OIDV Criminal Cases

Dear Michigan state officials,

RE: Public Act 550 [April 01, 2013] amendment to MCL 769.4a : Closed criminal proceedings [i.e. OIDV criminal cases]
http://michiganoidv.blogspot.com/2013/04/mcl-7694a-and-act-550-closed-crminal.html

I sent PA 550 to the U.S. Department of Justice to review:

I couldn't understand why Michigan officials would create a law to  silence  victims of officer involved domestic violence. Shouldn't you be focusing on creating laws to protect the victims?

02192013 - MCL 769.4A AMENDED - Closed Proceedings For OIDV/DV Criminal Cases - MI Public Act 550

Also See

Michigan Public Act 550

http://michiganoidv.blogspot.com/2013/04/mcl-7694a-and-act-550-closed-crminal.html

Paragraphs 6 and 7 of MCL 769.4a have been amended: "If the record of proceedings as to the defendant is deferred under this section, the record of proceedings during this period of deferral shall be closed to the public inspection..."

WHY THIS IS A CONCERN: Michigan police officers arrested / charged with domestic violence run for cover under MCL 769.4a . It is the Lautenburg loophole that allows police officers to retain thier guns after pleading guilty to a domestic violence act under MCL 769.4a. Now the state of Michigan wants to cover this up?

Under the MCL 769.4a amendment, victims of OIDV will not be able to speak out about their case.

The date that the amended MCL 739.4a will take effect: April Fool's Day, 2013. That says a lot about our Michigan State legislators and their view of OIDV victims.

Amended MCL 769.4a

http://www.legislature.mi.gov/(S(p0unsnmojrt2pabynlwhgc20))/documents/mcl/pdf/mcl-769-4a-amended.pdf

Current MCL 769.4a

http://www.legislature.mi.gov/(S(p0unsnmojrt2pabynlwhgc20))/mileg.aspx?page=getObject&objectName=mcl-769-4a-amended

01312012 - Officer Steven Luthy - Kalamazoo PD

I do not want you to forget the words that Ellen Luthy wrote in her PPO request after Officer Luthy's arrest...because it is evident that the Kalamazoo PD, the Prosecutor, and the Judge who allowed Officer Luthy to get away with the domestic violence against Ellen have forgotten these words of terror:

In the filing, Ellen Luthy wrote that her husband has punched her in the face, spat on her and, in one incident several months ago, he told her: "Everyone in our family would be better off if you were dead, I get excited thinking of coming home and seeing your brains splattered everywhere."

If there is a victim of OIDV in Michigan that is in danger of being killed, it is Ellen Luthy.

Complete post on Officer Steven Luthy can be found at:
http://michiganoidv.blogspot.com/2011/07/officer-steven-luthy-kalamazoo-pd-july.html

POSTS and VIDEOS ON OFFICER LUTHY CAN ALSO BE FOUND ON BEHIND THE BLUE WALL:
http//behindthebluewall.blogspot.com



On July 31, 2011 Officer Steven Luthy was arrested on domestic violence charges, for assaulting his wife, Ellen Luthy. He was placed on paid leave from the Kalamazoo PD.


If you are a police officer in the state of Michigan...And you beat your wife...


...You can take a six month vacation at the cost of the taxpayers...


...Instead of losing your job and going to jail, like others who abuse their spouses in Michigan...


...Michigan gives its abusing police officers a vacation. Welcome to Pure Michigan, eh.


On January 31, 2012 Officer Luthy plead guilty to misdemeanor domestic violence charges, under MCL 769.4a: http://michiganoidv.blogspot.com/2011/09/mcl-7694a-michigans-loophole-to.html


Luthy was given only a five day suspension from the department and then placed back on duty, despite the evidence of the danger that his ex wife was in:
"The filing alleges two other incidents of domestic violence going back two years...Ellen Luthy wrote that her husband has punched her in the face, spat on her and, in one incident several months ago, he told her: "Everyone in our family would be better off if you were dead, I get excited thinking of coming home and seeing your brains splattered everywhere."...smashed the side of my face, pushed me down the stairs...he punched me in the face...I am truly in fear for my life with the severity of this situation and numerous prior assaults and threats on my life..."I am even more so concerned, considering his position and knowledge and access to firearms and weapons...my family and myself have a great concern of what he is capable of doing."...included with the PPO petition were photos taken by authorities that show injuries to Ellen Luthy's forehead, knee, chin, leg, arm, ankle, elbow, foot, eye, and back..."

MCL 769.4a is a law that has been on the books since the 1990's, which allows people charged with misdemeanor domestic violence charges to plead guilty to the offense and then have the offense expunged after 1 year.

In the early 2000's [just prior to the enactment of the Lautenberg Amendment which prevents police officers convicted of domestic violence offenses from owning /possessing guns], the fine legislators of Michigan edited 769.4a. This allowed a person charged with a felony domestic violence assault to plead guilty under 769.4a and have the charge expunged after 1 year. This is Michigan's loophole to the Lautenberg Amendment, which allows Michigan police officers who plead guilty to misdemeanor and felony domestic violence charges to own/ possess guns and return to duty.