03032006 - Assist Prosecutor Stephen Allen - Charges Dropped - Huron County

Also See:

Huron County Assistant Prosecutor Stephen Allen arrested for domestic violence

http://michiganoidv.blogspot.com/2005/07/july-20-2005-assistant-prosecutor.html

Charge against chief assistant prosecutor dropped

STACY LANGLEY
The Huron Daily Tribune
03/06/2006
http://www.michigansthumb.com/site/news.cfm?newsid=16247144&BRD=2292&PAG=461&dept_id=571474&rfi=6

BAY CITY — During a Friday afternoon hearing in Bay County District Court, a Bay County assistant prosecutor asked the judge to dismiss the domestic violence charge against Huron County Chief Assistant Prosecutor Stephen J. Allen after the case failed to move forward.

Bad Axe Attorney David B. Herrington, representing Allen, said he requested a hearing before Bay County District Court Judge Craig Alston after Bay County Assistant Prosecutor Margaret Leaming filed yet another motion to adjourn the jury trial until sometime in May.

“There was a lack of due diligence on behalf of the (Bay County) prosecutor’s office,” Herrington said. “In order to request an adjournment they had to show good cause as to why they wanted to adjourn the case. They wanted to add another witness, and they hadn’t even served the victim in the case with notice — she was never informed of a trial date. And the judge said he didn’t see where this case was moving forward.”

The trial was scheduled to get under way for the first time on Jan. 13, when it was adjourned the day before. At that time Leaming notified the court a witness would not be available for the trial. The case then was set for trail a second time to be heard on Tuesday when Leaming filed another request for an adjournment.

Herrington said it was Leaming’s motion during Friday’s hearing in Bay City to dismiss the case and, “the judge granted it. This case has been pending for months now — more than seven months.”

Herrington said the dismissal is “good news.” He said all along “we don't believe that a crime was committed — domestic violence did not occur here.”

Allen was arrested at his Port Hope area home after returning home from work on July 20. Allen and his wife, Jami Allen, reportedly had an argument and were quarreling about their dogs when Allen allegedly pushed his wife. She called 9-1-1 requesting a police officer respond to the Port Hope area home. He was arrested by Huron County Sheriff's deputies.

Police reports from the investigation had been turned over to the Michigan Attorney General's Office who assigned Bay County Prosecutor Joe Sheeran’s office to the case.

The Tribune was unable to reach Leaming for comment.

02242006 - Deputy Michael Harvey - Suspended - Antrim County SD

Also See:

Deputy Michael Harvey charged with domestic violence [May 13, 2006]:

http://michiganoidv.blogspot.com/2006/05/may-13-2006-deputy-michael-harvey.html

"...Harvey was observed drinking...prior to his scheduled 4 a.m. shift...drove that night to Bellaire, where he was confronted by another Antrim deputy and made to take a preliminary breath test....Harvey blew a 0.16....Harvey received a single-day suspension without pay for the drinking incident..."

Accused deputy's personnel file shows recent problemsTraverse City Record Eagle, MI
By CRAIG McCOOL
06/23/2006
http://www.record-eagle.com/2006/jun/23harvey.htm

BELLAIRE — An Antrim County sheriff's deputy who faces assault and weapons charges seemed a model employee for most of his six years with the department.

Until this year, Michael Harvey, who allegedly threatened to kill his wife with his service gun while on duty in May, received raises and promotions. From the time he was hired in 2000 through the end of 2005, Harvey did not receive a disciplinary letter or citation.

But this February, the deputy with the squeaky-clean record was disciplined twice, including once for drinking heavily the night before he was to work an early shift.

The Record-Eagle obtained a copy of Harvey's personnel file through a state Freedom of Information Act request.

Harvey, 34, was hired in 2000. Between then and the start of this year, he was promoted from the jail to various road patrol assignments.

Shortly after his promotion to the road, a citizen sent a letter to Sheriff Terry Johnson noting Harvey's kindness and "dedication to the community."

Accolades came from superiors, too, but disciplinary warnings began early this year. The first occurred Feb. 21, when Harvey argued with a woman in the county's 911 dispatch area.

Other county employees witnessed the incident and called Michigan State Police, who investigated but did not seek charges. Johnson issued Harvey a warning.

Another incident occurred two days later. On Feb. 23, Harvey was observed drinking in Central Lake, prior to his scheduled 4 a.m. shift.


Johnson wrote that Harvey drove that night to Bellaire, where he was confronted by another Antrim deputy and made to take a preliminary breath test.


Harvey blew a 0.169, more than double the legal driving limit, though the letter addressed no specific concern about drinking and driving.


"In the report it states that you felt you would have been OK to go to work" at 4 a.m., Johnson wrote. "I find this to be a ridiculous statement."


Harvey received a single-day suspension without pay for the drinking incident.

Harvey has been suspended without pay following his arrest May 14.

He faces two felonious assault charges, punishable by up to four years in prison. Prosecutors also recently added a third charge, using a firearm in the commission of a felony, punishable by up to two years in prison, said Harvey's attorney Douglas Gutscher.