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Thursday, February 14, 2013

02142013 - Deputy Steven Fresorger - Sentenced - Saginaw SD

Officer Steven Fresorger: Saginaw SD, Misuse of LEIN system.

Charged: June 22, 2011

Plea agreement: February 14, 2013

Sentenced: February 14, 2013

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Suspended sheriff's deputy sentenced for improper LEIN use, likely will have all charges dropped
By Andy Hoag
The Saginaw News
February 15, 2013 at 12:00 PM
Updated February 15, 2013 at 12:06 PM
http://www.mlive.com/news/saginaw/index.ssf/2013/02/suspended_sheriffs_deputy_sent.html

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system for personal use likely will have all charges dropped against him a year from now.

Saginaw County Circuit Judge James T. Borchard on Thursday, Feb. 14, sentenced Steven T. Fresorger to a one-year delayed sentence for four misdemeanor charges of unauthorized disclosure of information from the Law Enforcement Information Network.

If Fresorger, 42, successfully completes one year of probation, prosecutors will drop the charges.

Fresorger last month pleaded guilty to the charges and in exchange, prosecutors dropped an additional such misdemeanor, five felony counts of impermissible use of personal information obtained through LEIN, and one felony count of using computers to commit a crime.

The misdemeanor carries a maximum penalty of 93 days in jail and/or a fine of $500. The computer use felony carries a seven-year maximum penalty, while the impermissible use felony carries a five-year maximum.

Prosecutors said Fresorger, 42, used LEIN to access information on men whom his child's mother was dating.

Saginaw County Sheriff William L. Federspiel suspended Fresorger on May 10, 2011, with pay and suspended him June 24, 2011, without pay in connection with the charges. The sheriff said Thursday that he expects to make a decision on Fresorger's employment next week.

Fresorger in June rejected a plea agreement that would have ended in the same result, but was different up front. The deal called for Fresorger to plead guilty as charged and received a one-year “delayed sentence.” If Fresorger successfully completed his probation over the one-year period, prosecutors would have dropped the six felony charges and the misdemeanor charges would have remained.

By pleading guilty to felonies, though, Fresorger would have jeopardized his eligibility to work as a police officer.

Borchard ordered Fresorger to pay $970 in fines and costs.

Suspended sheriff's deputy charged with improper LEIN use avoids felonies with plea deal
By Andy Hoag
The Saginaw News
January 09, 2013 at 2:20 PM
Updated January 09, 2013 at 2:22 PM
http://www.mlive.com/news/saginaw/index.ssf/2013/01/suspended_sheriffs_deputy_char.html

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system for personal use has avoided six felony charges with a plea agreement.

Steven T. Fresorger on Tuesday, Jan. 8, pleaded guilty to four misdemeanor charges of unauthorized disclosure of information from the Law Enforcement Information Network.

In exchange for the plea, prosecutors will drop an additional such misdemeanor, five felony counts of impermissible use of personal information obtained through LEIN, and one felony count of using computers to commit a crime.

The misdemeanor carries a maximum penalty of 93 days in jail and/or a fine of $500. The computer use felony carries a seven-year maximum penalty, while the impermissible use felony carries a five-year maximum.

The plea bargain was offered by former Saginaw County Prosecutor Michael D. Thomas' office prior to the new year, when Prosecutor John McColgan Jr. took office, said new Chief Assistant Prosecutor Christopher Boyd.

Fresorger's trial was scheduled to begin Tuesday before Saginaw County Circuit Judge James T. Borchard.

“We check with the sheriff's department, and they said 'Sure,' ” Boyd said. “We were bound by the offer.”

Prosecutors said Fresorger, 42, used LEIN to access information on men whom his child's mother was dating.

Fresorger was suspended May 10, 2011, with pay and suspended June 24, 2011, without pay in connection with the charges. He remains suspended without pay until the conclusion of this case.

Fresorger in June rejected a plea agreement that would have ended in the same result, but was different up front. The deal called for Fresorger to plead guilty as charged and received a one-year “delayed sentence.” If Fresorger successfully completed his probation over the one-year period, prosecutors would have dropped the six felony charges and the misdemeanor charges would have remained.

By pleading guilty to felonies, though, Fresorger would have jeopardized his eligibility to work as a police officer.

“One of our concerns was whether he would be allow to maintain employment,” Boyd said, adding that it will be up to county Sheriff William L. Federspiel whether Fresorger stays with the department.

Borchard is scheduled to sentence Fresorger on Feb. 14.

Follow Andy Hoag on Twitter @SNAndyHoag

Suspended sheriff's deputy facing felony LEIN charges rejects plea deal; trial postponed
By Andy Hoag
The Saginaw News
June 27, 2012 at 9:30 AM

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system for personal use has rejected a plea deal.

Steven T. Fresorger, 42, appeared before Saginaw County Circuit Judge James T. Borchard today, the day his trial was scheduled to begin, and his attorney indicated that Fresorger does not intend to accept prosecutors' plea offer.

Fresorger's attorney, James F. Piazza, said the offer would require Fresorger to plead guilty as charged to five felony counts of impermissible use of personal information obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Prosecutors then would recommend that Borchard sentence Fresorger to a one-year “delayed sentence.” If Fresorger were to successfully complete his probation during that one-year period, prosecutors then would drop the six felony charges. The misdemeanor charges would remain, Piazza said.

There was no indication whether Fresorger would face any jail time if he accepted the offer.

Borchard said that because he will not be available next week, he would postpone Fresorger's trial to avoid having it begin this week and then continue more than a week later.

Prosecutors say Fresorger used LEIN to access information on men whom his child's mother was dating.

Borchard in April denied Piazza's motion to “quash,” or dismiss, the felony charges, writing that it should be up to a jury whether Fresorger violated the law.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.

Judge denies suspended sheriff deputy's request for dismissal of felony LEIN charges
By Andy Hoag
The Saginaw News April 18, 2012 at 7:15 AM
Updated April 18, 2012 at 10:22 AM
http://www.mlive.com/news/saginaw/index.ssf/2012/04/judge_denies_suspended_sheriff.html

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system will stand trial on six felonies, a judge ruled earlier this week.

Saginaw County Circuit Judge James T. Borchard on April 5 denied the request of Steven T. Fresorger, who asked the judge to “quash,” or dismiss, the felony charges he faces.

Fresorger, 41, is charged with five felony counts of impermissible use of personal information obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Prosecutors say Fresorger used LEIN to access information on men whom his child's mother was dating.

Fresorger's attorney, James F. Piazza, argued that there was no evidence from Fresorger's preliminary hearing that Fresorger actually did anything with the information.

Borchard disagreed, writing that he found “such an interpretation (of the evidence) to be unduly restrictive and unwarranted.”

While the information Fresorger sought can be accessed for civil litigation purposes through a “proper request” from the Secretary of State, whether his actions violated the law should be left to a jury, the judge wrote.

“Obtaining personal information maintained by the Secretary of State to satisfy one's curiosity, even if that curiosity concerns one's own child, does … fall within the purview of the statute,” Borchard wrote.

Ultimately, Borchard decided that county District Judge Terry L. Clark did not abuse his discretion in binding Fresorger over for trial.

Fresorger's trial before Borchard was scheduled to begin Tuesday, but the trial was delayed. A new trial date was not yet set.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.

Attorney for suspended Saginaw sheriff's deputy asks judge to dismiss felony LEIN use charges
By Andy Hoag
The Saginaw News
on March 27, 2012 at 7:19 AM
http://www.mlive.com/news/saginaw/index.ssf/2012/03/attorney_for_suspended_saginaw.html

SAGINAW, MI — The attorney for a former Saginaw County sheriff's deputy Monday asked a judge to dismiss charges that he improperly used a statewide computerized information system for personal use.

Steven T. Fresorger, 41, appeared along with his attorney, James F. Piazza, before Saginaw County Circuit Judge James T. Borchard, who heard arguments on Piazza's motion to “quash,” or dismiss, the six felonies that Fresorger faces.

The Saginaw Township resident is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Piazza argued that testimony from Fresorger's preliminary hearing in August did not indicate that he accessed information about his ex-girlfriend's new boyfriends — as well as two individuals with similar names as the new boyfriends — for personal use and did not indicate what, if anything, Fresorger did with the information.

Borchard, who said he was only “halfway” through the transcripts from the two-part hearing and would make a decision once he finishes reading them, indicated that his impression was that Fresorger was accessing the information to find out more about the men with whom his ex-girlfriend was bringing their child into contact. Piazza argued that there also was no indication of that from the testimony.

Piazza added that while Fresorger's ex-girlfriend, Tracy Moore, testified that Fresorger told her of her new boyfriends' past drug use, that type of information, including criminal history, is not accessible through in-car LEIN consoles, which Fresorger used.

County Assistant Prosecutor Jon Sahli countered that testimony showed that some in-car LEIN consoles can access criminal history, while others cannot.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.

Trial ordered for sheriff's deputy charged with improper LEIN use
By Andy Hoag
The Saginaw News
November 07, 2011 at 9:24 AM
http://www.mlive.com/news/saginaw/index.ssf/2011/11/trial_ordered_for_sheriffs_dep.html

SAGINAW — A suspended Saginaw County sheriff’s deputy accused of improperly using a statewide computerized information system for personal use will stand trial on six felonies and five misdemeanors.

Saginaw County District Judge Terry L. Clark on Wednesday concluded the second part of the preliminary hearing for Steven T. Fresorger, 41, by ruling that prosecutors had shown probable cause to take him to trial in Circuit Court.

Fresorger, who lives in Saginaw Township, is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Fresorger is accused of using LEIN to access information about his ex-girlfriend’s new boyfriends as well as two individuals with similar names as the new boyfriends.

Fresorger remained free today on a $1,000 or 10 percent bond.

Tuesday, January 8, 2013

01082013 - Deputy Steven Fresorger - Saginaw SD

Officer Steven Fresorger: Saginaw SD, Misuse of LEIN system.

Charged: June 22, 2011

Plea agreement: January 08, 2013

Sentenced: February 14, 2013

In January 2013, Deputy Fresorger accepted a plea bargain to avoid the six felonies he was charged with. Fresorger pleaded guilty to 4 misdemeanor charges of unauthorized use of the LEIN system. The plea bargain may allow Deputy Fresorger to retain his position with the Saginaw County Sheriff Department.

SAGINAW, MI — The suspended Saginaw County sheriff's deputy accused of improperly using a statewide computerized information system will stand trial on six felonies, a judge ruled earlier this week.

Saginaw County Circuit Judge James T. Borchard on April 5 denied the request of Steven T. Fresorger, who asked the judge to “quash,” or dismiss, the felony charges he faces.

Fresorger, 41, is charged with five felony counts of impermissible use of personal information obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Prosecutors say Fresorger used LEIN to access information on men whom his child's mother was dating.

Fresorger's attorney, James F. Piazza, argued that there was no evidence from Fresorger's preliminary hearing that Fresorger actually did anything with the information.

Borchard disagreed, writing that he found “such an interpretation (of the evidence) to be unduly restrictive and unwarranted.”

While the information Fresorger sought can be accessed for civil litigation purposes through a “proper request” from the Secretary of State, whether his actions violated the law should be left to a jury, the judge wrote.

“Obtaining personal information maintained by the Secretary of State to satisfy one's curiosity, even if that curiosity concerns one's own child, does … fall within the purview of the statute,” Borchard wrote.

Ultimately, Borchard decided that county District Judge Terry L. Clark did not abuse his discretion in binding Fresorger over for trial.

Fresorger's trial before Borchard was scheduled to begin Tuesday, but the trial was delayed. A new trial date was not yet set.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.



Attorney for suspended Saginaw sheriff's deputy asks judge to dismiss felony LEIN use charges
By Andy Hoag
The Saginaw News
on March 27, 2012 at 7:19 AM
http://www.mlive.com/news/saginaw/index.ssf/2012/03/attorney_for_suspended_saginaw.html

SAGINAW, MI — The attorney for a former Saginaw County sheriff's deputy Monday asked a judge to dismiss charges that he improperly used a statewide computerized information system for personal use.

Steven T. Fresorger, 41, appeared along with his attorney, James F. Piazza, before Saginaw County Circuit Judge James T. Borchard, who heard arguments on Piazza's motion to “quash,” or dismiss, the six felonies that Fresorger faces.

The Saginaw Township resident is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

Piazza argued that testimony from Fresorger's preliminary hearing in August did not indicate that he accessed information about his ex-girlfriend's new boyfriends — as well as two individuals with similar names as the new boyfriends — for personal use and did not indicate what, if anything, Fresorger did with the information.

Borchard, who said he was only “halfway” through the transcripts from the two-part hearing and would make a decision once he finishes reading them, indicated that his impression was that Fresorger was accessing the information to find out more about the men with whom his ex-girlfriend was bringing their child into contact. Piazza argued that there also was no indication of that from the testimony.

Piazza added that while Fresorger's ex-girlfriend, Tracy Moore, testified that Fresorger told her of her new boyfriends' past drug use, that type of information, including criminal history, is not accessible through in-car LEIN consoles, which Fresorger used.

County Assistant Prosecutor Jon Sahli countered that testimony showed that some in-car LEIN consoles can access criminal history, while others cannot.

Fresorger was suspended May 10 with pay and suspended June 24 without pay in connection with the charges. He remains suspended without pay until the conclusion of this case, said county Sheriff William L. Federspiel.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison, while the impermissible use of personal information charge carries a five-year maximum penalty. The misdemeanors carry maximum penalties of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.



Trial ordered for sheriff's deputy charged with improper LEIN use
By Andy Hoag
The Saginaw News
November 07, 2011 at 9:24 AM
http://www.mlive.com/news/saginaw/index.ssf/2011/11/trial_ordered_for_sheriffs_dep.html

SAGINAW — A suspended Saginaw County sheriff’s deputy accused of improperly using a statewide computerized information system for personal use will stand trial on six felonies and five misdemeanors.

Saginaw County District Judge Terry L. Clark on Wednesday concluded the second part of the preliminary hearing for Steven T. Fresorger, 41, by ruling that prosecutors had shown probable cause to take him to trial in Circuit Court.

Fresorger, who lives in Saginaw Township, is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Fresorger is accused of using LEIN to access information about his ex-girlfriend’s new boyfriends as well as two individuals with similar names as the new boyfriends.

Fresorger remained free today on a $1,000 or 10 percent bond.



Suspended Sheriff's Deputy back in court
Posted: Aug 22, 2011 4:54 PM CDT
Updated: Sep 19, 2011 5:22 PM CDT
By Liz Gelardi, TV5 Reporter -
SAGINAW COUNTY, MI (WNEM) -
http://www.wnem.com/story/15311111/suspended-sheriffs-deputy-back-in-court

Suspended Saginaw County Sheriff's Deputy Steve Fresorger was back in court for a preliminary hearing. Fresorger faces six felonies. He is accused of misusing law enforcement computers.

Deputies routinely use the Law Enforcement Information Network or LEIN to look up background and criminal information.

The prosecution called several witnesses including three men the suspended deputy allegedly looked up using LEIN. In court all of the men said they dated Fresorger's ex-girlfriend who is also the mother of his child.

The accusations came to light after the ex-girlfriend sent a letter to the Sheriff's Department.

In court an analyst with LEIN explained how every employee has a specific user name and all their searches can be traced back to that individual.

There was not enough time to get through all the witnesses and prelim will be continued at a later date.

Fresorger remains suspended without pay. The Sheriff told TV5 he will make a decision about the deputy's future with the department before Labor Day.

Witness: Saginaw County sheriff's deputy ran names of ex-girlfriend's new boyfriends through LEIN system; discipline hearing coming soon
By Andy Hoag
The Saginaw News
August 22, 2011 at 4:39 PM
Updated August 22, 2011 at 8:42 PM
http://www.mlive.com/news/saginaw/index.ssf/2011/08/witness_saginaw_county_sheriff.html

SAGINAW — A Saginaw County sheriff’s deputy ran the names of his child’s mother’s new boyfriends through a statewide computerized information system, a witness testified today.

A decision on whether Steven T. Fresorger will stand trial on six felonies and seven misdemeanors for, prosecutors say, improperly running the names will have to wait until a later date, though.

Saginaw County District Judge Terry L. Clark this afternoon heard testimony from six witnesses in the preliminary hearing for Fresorger, 41, of Saginaw Township. Because Fresorger’s attorney, James F. Piazza, had another scheduled hearing, Clark postponed the remainder of the hearing until a later date.

The hearing is intended for a judge to determine whether probable cause exists for trial in Circuit Court.

Fresorger is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Elizabeth Canfield, a state police analyst of LEIN, testified that Fresorger — or, at least, someone using Fresorger’s user identification and password — used LEIN terminals to run information checks, but not criminal history checks, on John A. Warner, John P. Warner, Michael Stoll, Michael M. “Marty” Stoll, and Brandon Wakeman.

Fresorger’s ex-girlfriend, Tracy Moore, testified that she dated John A. Warner in 2009 and “Marty” Stoll and Wakeman in 2010. Moore said that Fresorger told her that each of the three men had drug charges.

Canfield testified that Fresorger searched for a “John Warner” once between May and July 2009 and followed that by searching more specifically for John A. Warner and John P. Warner. John P. Warner testified that he has never been to Saginaw County and didn’t know Fresorger, while John A. Warner now lives in San Francisco, Moore said.

Fresorger on July 17, 2010, searched 11 times for “Marty” Stoll and once for Michael Stoll, Canfield said. On Sept. 6 and Sept. 7, he searched for Wakeman’s name four times, Canfield said.

“Marty” Stoll testified he knew of Fresorger “through mutual friends” but never had contact with him a sheriff’s deputy. Stoll testified that he possessed marijuana with Moore at one time, but Clark did not allow him to answer further questions from Piazza to avoid incriminating himself.

Somebody from either the Saginaw Police Department or Michigan State Police searched for Wakeman on Sept. 4, Canfield said. Wakeman, who said he never met or had contact with Fresorger, said he was arrested for drunken driving by a state police trooper that day.

Piazza said one of Fresorger’s defenses will be that as a deputy, he could check on Stoll’s and Wakeman’s backgrounds. A defense regarding Warner was not mentioned today, but Piazza likely will address it at the continuation of the hearing.

Canfield testified that the searches Fresorger conducted were only for driver’s license information, such as date of birth and an individual’s driver’s operator code — information protected through the state LEIN statute.

Days after Fresorger filed an “emergency petition” for sole custody of their 5-year-old son, based on accusations that Moore sexually assaulted the child, Moore sent a letter to county Sheriff William L. Federspiel, claiming that Fresorger was stalking her.

Fresorger was charged in late June. Joan Hogenson, who provides custody and parenting recommendations for the Saginaw County Friend of the Court, testified she interviewed Fresorger and Moore. When she asked Fresorger if he used LEIN to research Warner, he said, “I’ll check on people my son is around,” Hogenson said.

Hogenson acknowledged, however, that Fresorger did not actually admit to using LEIN to “check on” those people.

Federspiel on June 24 suspended Fresorger without pay in connection with the charges.

That suspension was pending the completion of an internal investigation, Federspiel said. He gave Fresorger notice of possible discipline earlier this month, he said, to which Fresorger had 14 days to respond.

Those 14 days expired “late last week,” Federspiel said, and Fresorger did not respond. The sheriff now must conduct a “Loudermill hearing” to “determine what I’m going to do with any type of discipline,” he said.

Federspiel said he will conduct the hearing “in the next 10 days” and will “make a decision based on the outcome of the internal investigation.” Discipline could include termination, he said.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond.

Hearing delayed for Saginaw County sheriff's deputy accused of improper use of statewide data
By Andy Hoag
The Saginaw News
July 05, 2011 at 3:44 PM
Updated July 06, 2011 at 8:47 AM
http://www.mlive.com/news/saginaw/index.ssf/2011/07/hearing_delayed_for_saginaw_co.html

SAGINAW — A Saginaw County sheriff’s deputy accused of using a statewide computerized information system for personal use will have to wait longer to see if he’ll stand trial on six felonies and seven misdemeanors.

Saginaw County District Judge Terry L. Clark this afternoon postponed the preliminary hearing for Steven T. Fresorger, 41, of Saginaw Township.

Fresorger is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN, and one felony count of using computers to commit a crime.

The deputy, whom county Sheriff William L. Federspiel suspended without pay June 24 in connection with the charges, appeared today before Clark for a conference to prepare for a preliminary hearing, intended for the judge to hear evidence and decide whether probable cause exists for trial.

The hearing was scheduled for Wednesday, but Fresorger’s attorney, James F. Piazza, will be in Saginaw County Circuit Judge Fred L. Borchard’s courtroom for the continuation of the trial against brothers Ronald and Steven Owens.

Piazza said Fresorger would waive his right to have the hearing within 14 days of his arraignment. The attorney also said he still is receiving discovery materials.

Fresorger’s arrest warrant states the crimes he’s charged with committing occurred between June 29, 2009, and Sept. 7, 2010.

Federspiel said investigators believe five individuals had their information compromised by Fresorger. The sheriff has not revealed a motive.

Federspiel said the investigation began after a citizen filed a complaint against the deputy April 6. The citizen was not one of the five people whose information was compromised, according to the sheriff.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond

Sheriff's deputy charged for misusing department's computers
By Dan Armstrong
Posted: 06.24.2011 at 5:30 PM
http://www.minbcnews.com/news/story.aspx?list=194382&id=633667

Today the Saginaw County sheriff puts one of his own on unpaid leave while that deputy is investigated internally and criminally.

Deputy Steve Fresorger has been charged with six felonies and five misdemeanors.

The investigation started months ago.

He's accused of unlawfully using the LEIN system, a database of public criminal records run by law enforcement.

The prosecutor says the deputy used it for personal use and not official business.

"We must maintain a high level of professionalism when using LEIN and if it's alleged that someone has abused or utilized it for personal use it is our duty, my duty as sheriff especially, to look into that matter," says Saginaw County Sheriff William Federspiel.

Some county commissioners have criticized the sheriff's handling of the case because the deputy has been paid from May 10th until June 24.

The sheriff says that's because he has to follow proper procedure and collective bargaining agreements.

UPDATE: Saginaw County deputy suspended without pay, faces up to seven years in prison if convicted of using computers to commit crime
Tom Gilchrist
The Saginaw News
June 24, 2011 at 4:25 PM
Updated June 24, 2011 at 4:36 PM
http://www.mlive.com/news/saginaw/index.ssf/2011/06/update_saginaw_county_deputy_f.html

SAGINAW — Saginaw County Sheriff William Federspiel today suspended Deputy Steven T. Fresorger without pay after the deputy was charged with six felonies and five misdemeanors on Wednesday.

"This is a sad day for Saginaw County, but we're doing what is right," said Federspiel, announcing the change in the status of Fresorger, 41, who was suspended May 10 but had been receiving pay since then.

"It's a form of discipline when you suspend a person without pay, and in order to impose discipline, I like to follow everything to the letter in the collective bargaining agreement (with unionized officers)," Federspiel said.

Fresorger is accused of five counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN system.

He also faces five counts of unauthorized disclosure of information from the LEIN system, and one count of using computers to commit a crime.

Prosecutors allege the acts occurred between June 29, 2009, and Sept. 7 of last year.

The LEIN system is a statewide computerized information system established to serve Michigan’s criminal justice agencies. It is designed to provide a computerized filing system of accurate and timely documented criminal justice information. The system contains information such as addresses and dates of birth of motorists, owners of vehicles and driving records.

"We are looking at five individuals we believe had their information compromised" by Fresorger, the sheriff said. Federspiel didn't reveal Fresorger's motive in allegedly using the information, but said he would disclose that eventually.

Federspiel said the investigation of Fresorger began after a citizen filed a complaint against the deputy on April 6. The citizen was not one of the five people who had their information compromised, according to the sheriff.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

In arraigning Fresorger on Wednesday, Saginaw County District Judge M.T. Thompson entered a not guilty plea on his behalf and held him on a $1,000 or 10 percent bond. Fresorger posted the bond Wednesday.

Fresorger’s July 6 preliminary hearing is scheduled before District Judge Terry L. Clark.

Sheriff's Department Lt. Robert B. Phelps said that before the sheriff could suspend Fresorger without pay, Federspiel was required to follow protocol related to the collective bargaining agreement and fair labor standards.

Saginaw County deputy charged with six felonies, accused of forging motor vehicle certificates
Tom Gilchrist
The Saginaw News
June 23, 2011 at 4:08 PM
Updated June 24, 2011 at 8:26 AM
http://www.mlive.com/news/saginaw/index.ssf/2011/06/saginaw_county_deputy_charged.html

SAGINAW — Prosecutors have charged a Saginaw County Sheriff’s Department deputy with six felonies and five misdemeanors in connection with allegations he forged motor vehicle certificates and committed unauthorized use of a statewide computerized information system.

Steven T. Fresorger, 41, of Saginaw Township was arraigned on the charges Wednesday in front of Saginaw County District Judge M.T. Thompson.

Fresorger faces five felony counts of forging motor vehicle certificates and one felony count of using a computer to commit those crimes.

He also faces five misdemeanor counts of unauthorized use of the Law Enforcement Information Network, a statewide computerized information system established to serve Michigan’s criminal justice agencies.

Fresorger is suspended with pay, said department Lt. Robert B. Phelps. The department's Internal Affairs officers investigated Fresorger and the probe continues, according to Phelps.

Thompson set bond at $1,000. Fresorger posted bond and remains free awaiting a July 6 hearing on the evidence before Saginaw County District Judge Terry L. Clark.

The Law Enforcement Information Network, known as LEIN, is designed to provide a computerized filing system of accurate and timely documented criminal justice information.

The system also contains driver information.

County Commissioners: Deputy should be suspended without pay
Posted: Jun 24, 2011 8:47 AM CDT
Updated: Jul 22, 2011 9:00 AM CDT
By Tom Plahutnik, Web Editor/Producer -
WNEM NEWS
http://www.wnem.com/story/14970163/commissioners-call-for-sheriffs-deputy-to-be-suspended-without-pay

County Commissioners Tim Kelly and Kirk Kilpatrick said in a news release Friday that they disagree with the Saginaw County Sheriff's Department's decision to pay Steven T. Fresorger while he is suspended from his job.

County prosecutors have charged Fresorger with six felonies and five misdemeanors for allegedly forging motor vehicle certificates and using government property to commit those crimes.

"I don't care what collective bargaining agreement or union contract this guy is working under, taxpayers should not have to pay for this guy to sit at home while he builds a defense for defrauding us all," Kelly said. "We have thousands of law abiding people out of work, trying to scrape a life together and somehow they see fit to continue to pay this guy?"

The commissioners said it appears there was a lengthy and ongoing investigation leading up to Mr. Fresorger being charged with six felonies and five misdemeanors.

"Law enforcement personnel are paid quite well for their service, partially to avoid this kind of behavior," said Kilpatrick. "I do not believe we should be paying criminals to protect us from criminals"

Kelly and Kilpatrick said they understand that an investigation is pending, but believe that Fresorger, while presumed innocent, should nevertheless be suspended without pay.

According to Sheriff William Federspiel, Fresorger has been on paid administrative leave since early May while the Sheriff Department's Internal Affairs unit investigated. He will have a hearing Friday and his employment status may change at that hearing.

Fresorger is due back in court on July 6.

Wednesday, June 22, 2011

06222011 - Deputy Steven Fresorger - Saginaw SD

Deputy Fresorger charged with misuse of LEIN: June 22, 2011

While Deputy Steven Fresorger was suspended from Saginaw County Sheriff Department....

....During an internal investigation into his alleged misuse of the county's LEIN system to 'stalk' his ex-girlfriend Tracey Moore and her boyfriends....

....And while Deputy Fresorger was being investigated by the Saginaw Township Police Department....

....For his May 07, 2011 alleged assault of his former girlfriend, Tracey Moore....

....Deputy Fresorger filed an emergency petition with the Saginaw County Friends Of the Court for custody of his and Tracey Moore's son. Deputy Fresorger was now claiming that Tracey had sexually abused their son.
Retaliation against Tracey for the LEIN investigation and the domestic violence investigation....Or, was Deputy Fresorger preparing a defense in case he was criminally charged with missue of the LEIN system?

According to the testimony of Joan Hogenson from the Saginaw County Friends of The Court [at Deputy Fresorger's August 2011 preliminary hearing], she had asked Deputy Fresorger if he used the county LEIN system to check on Tracey Moore's boyfriends....

....Deputy Fresorger replied: “I’ll check on people my son is around."

Tracey Moore immediately contacted the Saginaw County Sheriff, after Deputy Fresergor filed for custody of their son. Tracey claimed to the Sheriff, that Deputy Fresergor was stalking her.....

....Criminal charges for stalking were filed against Deputy Fresorger in June 2011....

....But like the May 2011 domestic violence assault complaint that Tracey filed with Saginaw Township Police, the stalking charges seem to have disappeared in the midst of the criminal cases against Deputy Fresorger....

Also See:
Deputy Fresorger: Sentenced for misuse of LEIN [February 14, 2013]
http://michiganoidv.blogspot.com/2013/02/deputy-steven-fresorger-sentenced.html

Deputy Fresorger: Sentence 1 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-fresorger-sentence-1.html

Deputy Fresorger: Sentence 2 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-fresorger-sentence-2.html

Deputy Fresorger: Sentence 3 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-steven-fresorger-sentence-3.html

Deputy Fresorger: Sentence 4 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-steven-fresorger-sentence-4.html

Deputy Fresorger: Sentence 5 [June 29, 2009]
http://michiganoidv.blogspot.com/2009/06/deputy-steven-fresorger-sentence-5.html

Deputy Fresorger: Plea agreement for misuse of LEIN [January 08, 2013]
http://michiganoidv.blogspot.com/2009/05/deputy-steven-fresorger-all-lein-charges.html

Deputy Fresorger: Charged with misuse of LEIN [June 22, 2011]
http://michiganoidv.blogspot.com/2011/06/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Domestic violence complaints [May 07, 2011]
http://michiganoidv.blogspot.com/2011/05/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Unauthorized LEIN searches [September 6 - 7, 2010]
http://michiganoidv.blogspot.com/2010/09/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Unauthorized LEIN searches [July 17, 2010]
http://michiganoidv.blogspot.com/2010/07/deputy-steven-fresorger-saginaw-county.html

Deputy Fresorger: Unauthorized LEIN searches [May - June 2010]
http://michiganoidv.blogspot.com/2009/05/deputy-steven-fresorger-saginaw-county.html

Witness: Saginaw County sheriff's deputy ran names of ex-girlfriend's new boyfriends through LEIN system; discipline hearing coming soon
Published: Monday, August 22, 2011, 4:39 PM
Updated: Monday, August 22, 2011, 8:42 PM
http://www.mlive.com/news/saginaw/index.ssf/2011/08/witness_saginaw_county_sheriff.html

SAGINAW — A Saginaw County sheriff’s deputy ran the names of his child’s mother’s new boyfriends through a statewide computerized information system, a witness testified today.

A decision on whether Steven T. Fresorger will stand trial on six felonies and seven misdemeanors for, prosecutors say, improperly running the names will have to wait until a later date, though.

Saginaw County District Judge Terry L. Clark this afternoon heard testimony from six witnesses in the preliminary hearing for Fresorger, 41, of Saginaw Township. Because Fresorger’s attorney, James F. Piazza, had another scheduled hearing, Clark postponed the remainder of the hearing until a later date.

The hearing is intended for a judge to determine whether probable cause exists for trial in Circuit Court.

Fresorger is charged with five felony counts of impermissible use of personal information he obtained through the Law Enforcement Information Network, or LEIN, five misdemeanor counts of unauthorized disclosure of information from LEIN and one felony count of using computers to commit a crime.

Elizabeth Canfield, a state police analyst of LEIN, testified that Fresorger — or, at least, someone using Fresorger’s user identification and password — used LEIN terminals to run information checks, but not criminal history checks, on John A. Warner, John P. Warner, Michael Stoll, Michael M. “Marty” Stoll, and Brandon Wakeman.

Fresorger’s ex-girlfriend, Tracy Moore, testified that she dated John A. Warner in 2009 and “Marty” Stoll and Wakeman in 2010. Moore said that Fresorger told her that each of the three men had drug charges.

Canfield testified that Fresorger searched for a “John Warner” once between May and July 2009 and followed that by searching more specifically for John A. Warner and John P. Warner. John P. Warner testified that he has never been to Saginaw County and didn’t know Fresorger, while John A. Warner now lives in San Francisco, Moore said.

Fresorger on July 17, 2010, searched 11 times for “Marty” Stoll and once for Michael Stoll, Canfield said. On Sept. 6 and Sept. 7, he searched for Wakeman’s name four times, Canfield said.

“Marty” Stoll testified he knew of Fresorger “through mutual friends” but never had contact with him a sheriff’s deputy. Stoll testified that he possessed marijuana with Moore at one time, but Clark did not allow him to answer further questions from Piazza to avoid incriminating himself.

Somebody from either the Saginaw Police Department or Michigan State Police searched for Wakeman on Sept. 4, Canfield said. Wakeman, who said he never met or had contact with Fresorger, said he was arrested for drunken driving by a state police trooper that day.

Piazza said one of Fresorger’s defenses will be that as a deputy, he could check on Stoll’s and Wakeman’s backgrounds. A defense regarding Warner was not mentioned today, but Piazza likely will address it at the continuation of the hearing.

Canfield testified that the searches Fresorger conducted were only for driver’s license information, such as date of birth and an individual’s driver’s operator code — information protected through the state LEIN statute.

Days after Fresorger filed an “emergency petition” for sole custody of their 5-year-old son, based on accusations that Moore sexually assaulted the child, Moore sent a letter to county Sheriff William L. Federspiel, claiming that Fresorger was stalking her.

Fresorger was charged in late June. Joan Hogenson, who provides custody and parenting recommendations for the Saginaw County Friend of the Court, testified she interviewed Fresorger and Moore. When she asked Fresorger if he used LEIN to research Warner, he said, “I’ll check on people my son is around,” Hogenson said.

Hogenson acknowledged, however, that Fresorger did not actually admit to using LEIN to “check on” those people.

Federspiel on June 24 suspended Fresorger without pay in connection with the charges.

That suspension was pending the completion of an internal investigation, Federspiel said. He gave Fresorger notice of possible discipline earlier this month, he said, to which Fresorger had 14 days to respond.

Those 14 days expired “late last week,” Federspiel said, and Fresorger did not respond. The sheriff now must conduct a “Loudermill hearing” to “determine what I’m going to do with any type of discipline,” he said.

Federspiel said he will conduct the hearing “in the next 10 days” and will “make a decision based on the outcome of the internal investigation.” Discipline could include termination, he said.

The charge of using computers to commit a crime carries a maximum penalty of seven years in prison or a $5,000 fine. The charge of impermissible use of personal information carries a maximum penalty of five years in prison, and the charge of unauthorized disclosure of information from the LEIN system carries a maximum penalty of 93 days in jail.

Fresorger remained free today on a $1,000 or 10 percent bond

Sheriff's deputy could face 11 criminal charges
ABC
Friday, June 24, 2011
http://abclocal.go.com/ktrk/story?section=news/local&id=8213379

SAGINAW COUNTY -- (06/24/11) -- A Saginaw County sheriff's deputy could be fired now that he is facing 11 criminal charges.

He's accused of using a state-wide Law Enforcement Information Network for personal purposes, but he might also be charged in another case.

Steve Fresorger was formally charged on Wednesday, but the Saginaw County prosecutor is reviewing another criminal complaint involving the deputy.

In 2008, Fresorger was featured in an ABC12 story for helping save the life of a man who collapsed in a meeting. But now, the 41-year-old deputy is free on bond after being charged with six felonies and five misdemeanors.

"It's very difficult. It's never easy for anyone, but especially for one of your own. It's a sad day for Saginaw County," said Saginaw County Sheriff Bill Federspiel.

All of the criminal charges pertain to Fresorger's alleged personal use of the state's Law Enforcement Information Network, or LEIN, a system used by law enforcement agencies across the state.

"Run secretary of state information, license plates, we can find out owner information on vehicles. It must be utilized for professional purposes only, it cannot be utilized for personal purposes at all," Federspiel said.

While the sheriff won't disclose what Fresorger was allegedly looking for in the LEIN system, Fresorger is also under investigation for a domestic situation involving an ex-girlfriend at a Saginaw Township little league field on May 7.

"She alleges that there was a confrontation on the field between him and her and he grabbed her right arm and pulled her off the field," said Saginaw Township Police Chief Don Pussehl.

That incident was investigated by the Saginaw Township Police Department.

"This is a separate incident that was reported to us. It was investigated and this case has been turned over to the prosecutor for review," Pussehl said.

Federspiel says Fresorger will be put on unpaid administrative leave today, and a decision on whether he will be fired will be made next week following an internal affairs investigation.

Michigan Officer Involved Domestic Violence