06282008 - Undersheriff Bruce Gualtiere - Kalkaska County SD

Kalkaska undersheriff returns to duty after cleared of domestic violence charge
by The Grand Rapids Press
Friday September 12, 2008, 6:24 PM
KALKASKA COUNTY
http://www.mlive.com/grpress/news/index.ssf/2008/09/kalkaska_undersheriff_returns.html

-- Undersheriff Bruce Gualtiere returned to work Friday after he was cleared of a misdemeanor domestic violence charge alleging he assaulted his 17-year-old stepson by pushing him into a garage door.

Gualtiere had been on administrative leave since the June 28 complaint was filed. Sheriff Bill Artress said the system worked and that a jury, which found Gualtiere not guilty on Thursday, came to the right conclusion.












Sheriff William Artress announced on Friday that the case was closed and Gualtiere would be returning to work on Friday.WPBN News, Michigan
Friday, September 12, 2008 at 11:54 a.m.
http://upnorthweather.com/news/news_story.aspx?id=190071

Kalkaska County's Undersheriff is found not guilty in an assault case involving his step son.

The trial for Bruce Gualtiere took place Thursday in Grand Traverse County.

Investigators say on June 28th the Undersheriff had an argument with his 17- year- old step son that led to what was called "a small pushing and shoving incident."

Gualtiere was on paid leave pending the outcome of the trial. Sheriff William Artress announced on Friday that the case was closed and Gualtiere would be returning to work on Friday.













KALKASKA COUNTY UNDERSHERIFF CLEARED ON ALL CHARGES
WWUP News, Michigan
Posted: 9/12/2008
http://www.9and10news.com/category/story/?id=142196

Kalkaska County Undersheriff Bruce Gualtiere will be headed back to work after a Grand Traverse County jury found him not guilty on assault charges.

Gualtiere was charged for an alleged dispute with his stepson back in June.

Since the incident, Gualtiere was placed on paid suspension from his job at the Kalkaska Sheriff's Department.

We'll have more on this story coming up on 9&10 News at five and six..













Cover Up in Kalkaska County
Discover Petoskey.com
Thursday, 13 March 2008
http://www.discoverpetoskey.com/index.php?option=com_content&task=view&id=1371&Itemid=62

Three employees with the Kalkaska county Sheriff's Office have been suspended for allegedly covering up a weapons possession incident at a local school.

Deputy Christie Hoenicke, corrections officer Barbara Szymchack and secretary Jan Gualtiere were suspended without pay by Sheriff William Artress after it was discovered that the three covered up an incident at the Kalkaska High School involving Gualtiere's son, Keith Shephard, who was found to be in possession of a knife.

Gualtiere is also the wife of undersheriff Bruce Gualtiere.

An internal investigation by the sheriff's dept discovered the cover up.

Sheriff Artress said the investigation and discipline are appropriate for the situation and he doesn't intend to take further action against the three employees. Possession of a dangerous weapon in a Michigan School or on its grounds is a misdemeanor with a punishment of up to 93 days in jail.

Shepherd was not ever arrested for the possession but was subsequently suspended and then expelled from the school. He has also been charged with misdemeanor counts of unlawful use of a motor vehicle, driving with a suspended license and purchase of tobacco by a minor. All of those charges stem from separate incidents after he brought the weapon to school.













Kalkaska County undersheriff arraigned
Traverse City Record Eagle
Published: July 10, 2008 10:01 am
FROM STAFF REPORTS
http://www.record-eagle.com/local/local_story_192100153.html

TRAVERSE CITY -- A judge arraigned Kalkaska County Undersheriff Bruce Gualtiere on a single count of misdemeanor domestic violence.

Eighty-Sixth District Judge Thomas Phillips arraigned Gualtiere, 51, Wednesday morning.

Gualtiere stood mute during the arraignment and is free on a personal recognizance bond.

Grand Traverse Prosecutor Alan Schneider charged Gualtiere after a June 28 incident at Gualtiere's home in Grand Traverse County's Whitewater Township. Gualtiere's stepson, 17, said Gualtiere slammed him into a garage door and punched him in the stomach, according to police reports.











Undersheriff charged in alleged assault
Traverse City Record-Eagle
Published: July 09, 2008 09:46 am
By ART BUKOWSKI
http://www.record-eagle.com/local/local_story_191094643.html

TRAVERSE CITY -- A prosecutor charged Kalkaska County's undersheriff with a crime for an alleged assault that left his teen stepson cut and scratched.

Bruce Gualtiere, 51, Kalkaska's undersheriff since 2005 and a member of the department since 1980, is accused of misdemeanor domestic violence following a June 28 incident at his residence in Grand Traverse County's Whitewater Township.

Grand Traverse Prosecutor Alan Schneider charged Gualtiere on Tuesday. The domestic violence count carries up to 93 days in jail. He was expected to be arraigned today.

Kalkaska Sheriff Bill Artress suspended Gualtiere with pay the day after the incident. Gualtiere will continue on paid leave pending the outcome of criminal proceedings, Artress said.

"We've got to remind people that he's innocent until proven guilty and not guilty until proven innocent," Artress said.

Gualtiere's 17-year-old stepson told Michigan State Police that Gualtiere grabbed him by the shirt and slammed him into a garage door, according to a police report. Gualtiere allegedly hit his stepson in the stomach and tried to knee him in the chest as the two wrestled.

Jan Gualtiere, the stepson's mother and Gualtiere's wife, eventually got between the two and broke up the altercation, the report said. The stepson sustained scratches to his neck, chin, palm and stomach, according to the report, and Gualtiere said he was sore from a blow to the forehead.

In January, the stepson was expelled after he took a knife to Kalkaska High School. Jan Gualtiere, an administrative assistant at the Sheriff's Department, eventually was suspended for her role in hiding the incident from her superiors.

Police reports indicate the June 28 fight began as the stepson and Gualtiere discussed the knife incident. The stepson doesn't live with the Gualtieres, and Bruce Gualtiere allegedly told the stepson to leave his home shortly before the alleged assault, the report said.

Artress faces competition in the August primary in his reelection bid. He won't make any decisions about Gualtiere's status as his undersheriff until the criminal case is wrapped, he said.

"I'm trying to keep the political re-election separate from this," he said. "Let's let the system work, and the system will decide the right outcome, and I'll decide where to go from there.







Kalkaska Undersheriff Faces DV Allegation
Daily Local News Updates from
WJML/WJNL Radio in Petoskey/Traverse City, MI.
Wednesday, July 9, 2008
http://wjmlnews.blogspot.com/2008/07/kalkaska-undersheriff-faces-dv.html

Kalkaska county’s Undersheriff Bruce Gualtiere remains on administrative leave as authorities look into allegations of abuse.

A state police detective says the investigation stems from a pushing and shoving incident between the undersheriff and his 17-year old step son. The boy left and called police from his girlfriend's home.

The Grand Traverse County Attorney has authorized an assault charge against Gualtiere.

In January Gualtiere’s step son had a run in with police after brining a butterfly knife to school. That eventually led to the youth’s expulsion from Kalkaska High School.












U.S. Bruce Gualtiere currently on administrative leave

By Greg Angel
Tuesday, July 08, 2008 at 5:34 p.m
http://www.tv7-4.com/news/news_story.aspx?id=156624

KALKASKA -- Kalkaska county’s Undersheriff Bruce Gualtiere remains on administrative leave as authorities look into allegations of abuse.

According to police reports on the evening of June 28th Gualtiere was at his home in Whitewater Township in Grand Traverse County. At some point in the evening an argument ensued between him and his 17-year-old step-son.
 Followed was what is described by a state police detective as a “small pushing and shoving incident.”

It’s believed the boy then traveled to his girlfriend’s house in Kalkaska where he called police.

An investigation was then completed by troopers from the Michigan State Police.

Pending the outcome of the investigation Gualtiere has been placed on paid administrative leave from the sheriff’s office.

“Even though he’s my undersheriff he is an employee of mine and he’s going to be treated like any other employee,” said Sheriff Bill Artress, Kalkaska County.The case was turned over to the Grand Traverse County Prosecutor Al Schneider, and after reviewing the police reports his office has authorized one count of assault against Gualtiere, a 93 day misdemeanor.

Sheriff Artress says he will continue to support his undersheriff and asks people to wait until the entire process has worked itself out before coming to any assumptions.

“People have to keep in mind that he is innocent until proven guilty,” Sheriff Artress said. “It’s not the other way around; you’re not guilty until proven innocent.”

Undersheriff Gualtiere has been with the Kalkaska Sheriff’s Office since 1980 serving as Undersheriff since 2005.In January Gualtiere’s step son had a run in with police after brining a butterfly knife to school. That eventually led to the youth’s expulsion from Kalkaska High School.










Officer's conduct being reviewed
Undersheriff investigated in possible assault
Published: July 08, 2008 09:36 am
Traverse City Record-Eagle
By Art Bukowski
http://www.record-eagle.com/local/local_story_190093614.html

KALKASKA -- Kalkaska County Undersheriff Bruce Gualtiere is being investigated for allegedly assaulting his teen stepson.

A June 28 incident at Gualtiere's home in Grand Traverse County's Whitewater Township prompted an investigation by Michigan State Police.

The case has been forwarded to the Grand Traverse prosecutor's office for possible criminal charges.Gualtiere was suspended with pay shortly after the incident.
Lt. Kenneth Holmes, commander of the state police Kalkaska post, said the stepson, 17, didn't need medical treatment.
"It amounts to more or less your typical pushing and shoving," he said.

The stepson left Gualtiere's home after the incident and returned to Kalkaska County, where he lives with his girlfriend. His girlfriend's father called 911 and specifically asked for the state police to respond to the incident, Holmes said.
Troopers believe Gualtiere and his stepson argued prior to the alleged assault.

"There's been typical family issues that I think probably played into ... why they got into an argument that particular night," Holmes said.

Troopers won't investigate the incident further.

"It's complete, as far as we know. We haven't received any request for follow-up," Holmes said. "It's a pretty straightforward and simple investigation."

Grand Traverse Prosecutor Al Schneider said the incident remains under review.

Kalkaska Sheriff Bill Artress placed Gualtiere on leave immediately after the incident, he said. Gualtiere will remain on leave pending Schneider's decision.

"With the complaint going to the state police, it's better to put him on administrative leave until we see what's going to go on," Artress said.

Gualtiere has worked for the Kalkaska Sheriff's Department since 1980 and has served as undersheriff since 2005, Artress said.

"He's the undersheriff, and he's going to be treated like any other employee I have," Artress said.
Gualtiere declined comment.

In January, Gualtiere's stepson brought a knife to Kalkaska High School, leading to his eventual expulsion. His mother is Gualtiere's wife, Jan Gualtiere, who works as an administrative assistant at the Kalkaska Sheriff's Department.

Jan Gualtiere was suspended from the department for her role in covering up her son's weapon possession on school grounds. A corrections officer and a deputy also were suspended for their roles in hiding the incident from their superiors.

06212008 - Deputy Scott Ford - Emmet County SD

During the summer of 2008, Deputy Scott Ford [Emmet County Sheriff Department], sexually assaulted a woman during traffic stops.





On December 07, 2008, while Deputy Scott Ford [Emmet County Sheriff Department] was on duty he had sex with a victim of stalking.

Sheriff Pete Wallin fired Deputy Ford within fifteen hours of learning of the allegations. Wallin then forwarded the case to the Michigan Sheriff's Association to complete a criminal investigation.


The investigation revealed that Deputy Scott had illegally used the Department's LEIN system to obtain information on his former girlfriend on October 19, 2007.

During the summer of 2008, the investigation also discovered, that Deputy Ford had sexually assaulted a woman during traffic stops.

The investigation also uncovered that Deputy Ford had done drugs while he was on duty.

Deputy Ford was prosecuted in 2009.

ORIGINAL CHARGES: Two counts of fourth-degree criminal sexual conduct, three counts of obstructing justice, five felony weapon charges for committing crimes in uniform while armed with his service pistol; two counts of refusing to aid the sheriff; false certification impermissible use of personal information, unauthorized access of the LEIN computer network; and two counts of using a computer to commit a crime.

                              


ALSO SEE:
 
DEPUTY SCOTT FORD, EMMET COUNTY SD [October 19, 2007]
Misuse of Sheriff Department LEIN system to stalk former girlfriend
http://michiganoidv.blogspot.com/2009/03/deputy-scott-ford-emmet-county-sd.html



DEPUTY SCOTT FORD, EMMET COUNTY SD [December 07, 2008]
Misconduct while on duty.
http://michiganoidv.blogspot.com/2008/12/deputy-scott-ford-emmet-county-sd.html



Former DEPUTY SCOTT FORD, EMMET COUNTY SD [May 05, 2010]
Violation of Probation [exposed himself in a sexual manner to female jail inmates]
http://michiganoidv.blogspot.com/2010/05/former-deputy-scott-ford-emmet-county.html

Former Deputy to Serve Jail Term
WJML News- Traverse City
Wednesday, January 13, 2010
http://wjmlnews.blogspot.com/2010/01/former-deputy-to-serve-jail-term.html

A former Emmet County Sheriff’s deputy, Scott Harold Ford, will serve at least six months in jail as the result of his plea agreement on charges he used law enforcement resources to access personal information of an ex-girlfriend. Ford, who was fired just 15 hours after Sheriff Pete Wallin learned of the allegations, will also perform 200 hours of community service.






Former sheriff’s deputy sentenced to 11 months in jail
Posted: Tuesday, January 12, 2010 ·
Updated: Wednesday, January 13, 2010, 10:35 am
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/breaking_news/article_58bf6f10-ffc4-11de-81e2-001cc4c03286.html

Former Emmet County Sheriff’s Deputy Scott Harold Ford wept openly in 57th Circuit Court today, Tuesday as Judge Charles W. Johnson sentenced him to 11 months in jail, two years probation and 200 hours of community service.

The 39-year-old Carp Lake resident was being sentenced for three charges he pleaded guilty to in October 2009, which included one count of unauthorized access of a computer network (Law Enforcement Information Network), a five-year felony; and two counts of refusal to aid the sheriff, both of which are 90-day misdemeanors.

During sentencing, Johnson stipulated that Ford would be required to spend the first six months of his sentence in jail, with the opportunity for tether if he exhibits good behavior.

He is being granted work release during the entirety of his sentence.

Ford served as an Emmet County sheriff’s deputy for nearly nine years, and admitted during a plea hearing in October 2009, to unlawfully accessing the Law Enforcement Information Network on Oct. 18, 2007, to access the personal information of an ex-girlfriend, who alleged that she and her children suffered psychological harm from his conduct.

During Ford’s sentencing, Emmet County Sheriff Pete Wallin said that he had no tolerance for this type of behavior, and subsequently fired Ford on Dec. 18 — 15 hours after Wallin said he became aware of Ford’s misconduct.

“Mr. Ford was a citzen’s worst nightmare — a man with a badge and a gun who abused his authority,” Wallin said. “I have always strongly believed that a man makes the badge and the badge does not make the man — Mr. Ford has tarnished what that badge was supposed to stand for.”

Wallin stated that Ford’s misconduct has caused his department incalculable harm.

“Mr. Ford is a classic case of Dr. Jekyll and Mr. Hyde; the administration and his fellow deputies thought Mr. Ford was doing what he was sworn to do — protect and serve,” he said. “We found out later, his true nature was to violate the rights of the very people he was sworn to protect.

“(Ford’s) actions have cast a cloud of doubt in the public’s view of law enforcement officers in Emmet County. It may take quite a while until that cloud clears.”

Ford made a tearful attempt, toward the end of today’s hearing, to apologize to those he had hurt during this ordeal.

“To my wife, Heather, she doesn’t deserve the pain and embarrassment I’ve caused her ... and yet she continues to stand by my side — I will spend the rest of my life making it up to her,” he said. “To Sheriff Wallin ... my former colleagues ... I let you down with my conduct and the choices I made; I considered you my friends and I apologize for the choices I made.
“To the court and to my community, I know what I did was wrong, and I apologize deeply.”






Ford evidentiary hearing/sentencing delayed a second time
Posted: Tuesday, December 15, 2009, 11:50 am
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/news/article_7fb7e466-e99a-11de-9126-001cc4c002e0.html

The sentencing for a former Emmet County Sheriff’s deputy has been delayed for a second time in 57th Circuit Court.

Scott Harold Ford, 39, of Carp Lake, who was fired from the Emmet County Sheriff’s Department in December of 2008 for allegedly committing several acts of misconduct while on duty, was originally scheduled for sentencing for one felony and two misdemeanor charges on Dec. 7.

This sentencing date, however, was moved today, Dec. 15, as a result of Ford’s request for an evidentiary hearing to look more closely at his sentencing variables.

According to Duane Beach, chief assistant prosecutor for Emmet County, the Michigan Department of Corrections had come back with a sentencing recommendation for Ford, before his Dec. 7 sentencing, that he did not agree with.

Originally, Ford faced nine charges for having unlawfully accessed the Law Enforcement Information Network on Oct. 18, 2007, to obtain the personal information of an ex-girlfriend, as well as allegedly sexually assaulting and soliciting a female for drugs during a pair of traffic stops during the summer of 2008 and having consensual sex with a victim of an open stalking complaint while on duty Dec. 7, 2008.

As a result of an agreement between Ford and the prosecutor’s office, six charges against him were dropped, and he pleaded guilty to one count of unauthorized access of a computer network (Law Enforcement Information Network), a five-year felony; and two counts of refusal to aid the sheriff, both 90-day misdemeanors.

Prior to Ford’s evidentiary hearing and sentencing, which was rescheduled for today, Tuesday, Ford and his attorney submitted paperwork to circuit court, which stipulated that they would be introducing the results of two polygraph examinations Ford took during the investigation into his conduct.

On Dec. 10, the prosecutor’s office issued a response to this potential submission, saying “(The polygraph examinations) are argued to show or bolster the credibility of (Ford).”

In its response, the prosecutor’s office has requested that Ford submit to an independent polygraph examination relating to allegations of sexual assault and narcotics use.

“The matter is one of fairness,” reads the prosecutor’s response. “If (Ford) is going to assert a polygraph examination, the people should have the right to an independent polygraph of (Ford).

“There is no jeopardy here because (Ford) has already reached a plea regarding these matters.”

To date, Ford has refused to take an independent polygraph examination.

On Dec. 11, Ford and his attorney, Joe Kwiatkowski, filed paperwork in circuit court to adjourn Ford’s Dec. 15 evidentiary hearing and sentencing — on the grounds that they did not have time to prepare a response to the prosecutor’s office most recent request.

That same day, Judge Charles W. Johnson ordered an adjournment on Ford’s evidentiary hearing and sentencing, which has now been rescheduled for 2 p.m. on Jan. 12, 2010.








Ford sentencing delayed
Posted: Friday, December 4, 2009 ·
Updated: Monday, December 7, 2009, 8:06 am
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer ·
http://www.petoskeynews.com/news/article_77c3dd00-e107-11de-83ef-001cc4c03286.html

The sentencing for a former Emmet County Sheriff’s deputy has been delayed in 57th Circuit Court to make way for an evidentiary hearing.

Scott Harold Ford, a 39-year-old Carp Lake resident, was fired from the Emmet County Sheriff’s Department in December of 2008 for allegedly committing several acts of misconduct while on duty.

On Oct. 19, he pleaded guilty in circuit court to one count of unauthorized access of a computer network (Law Enforcement Information Network), a five-year felony; and two counts of refusal to aid the sheriff, both 90-day misdemeanors.

Ford was originally scheduled to face sentencing for these charges in circuit court at 9 a.m. on Monday, Dec. 7, however, according to Duane Beach, chief assistant prosecutor for Emmet County, Ford requested an evidentiary hearing once the Michigan Department of Corrections came back with a sentencing recommendation for him.

“He requested the evidentiary hearing to look at the scoring of the sentencing variables,” Beach said. “(The Michigan Department of Corrections) scored some things Ford didn’t agree with.”

Ford is now scheduled for a two-hour evidentiary hearing at 2 p.m. on Tuesday, Dec. 15, in circuit court.

Christina Rohn439-9398 - crohn@petoskeynews.com








Former sheriff's deputy Scott Ford takes plea agreement
Posted: Monday, October 19, 2009 ·
Updated: Friday, October 23, 2009, 5:14 pm
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/breaking_news/article_bc900a1b-be7f-5b8d-9b9e-8341a8939f40.html

A former sheriff's deputy pleaded guilty today in 57th Circuit Court to three of the nine charges against him.

Scott Harold Ford, 39, of Carp Lake, who was fired from the Emmet County Sheriff's Department in December of 2008, for allegedly committing several acts of misconduct while on duty, pleaded guilty Monday to one count of unauthorized access of a computer network (Law Enforcement Information Network), a five-year felony; and two counts of refusal to aid the sheriff, both 90-day misdemeanors.

In exchange for this plea, the Emmet County Prosecutor's Office dismissed the remaining six charges against Ford, which include one count of false certification - impermissible use of personal information, a five-year felony; one count of using a computer to commit a crime, a seven-year felony; two counts of fourth-degree criminal sexual conduct, both two-year, high-court misdemeanors; and two counts of obstructing justice, both five-year felonies.

Ford, who was an Emmet County deputy for nearly nine years, was alleged to have unlawfully accessed the Law Enforcement Information Network on Oct. 18, 2007, to access the personal information of an ex-girlfriend, which he admitted to Monday in circuit court.

Ford was also alleged to have sexually assaulted and solicited a female for drugs during a pair of traffic stops during the summer of 2008, as well as had consensual sex with a victim of an open stalking complaint while on duty Dec. 7, 2008.

Charges related to both of these allegations have been dismissed.

Joseph Kwiatkowski, Ford's defense attorney, said he believes what his client pleaded to Monday was "fair."

"We appreciate the fact that the prosecutor made the offer he did … we felt that the plea offered was fair," Kwiatkowski said. "We felt that taking responsibility was appropriate, (Ford) was clearly acknowledging accessing LEIN was wrong."

Jim Linderman, Emmet County prosecutor, said his reaction to Ford's plea Monday was "bittersweet."

"I'm happy he accepted responsibility for his actions, but on the other hand, we still have the overall issue of the cloud this hangs over law enforcement officers - they shouldn't be painted with the same brush," he said. "(Ford's) done acts as a police officer that he shouldn't have .. we expect police officers to obey the law."

Emmet County Sheriff Pete Wallin said he wants to let the public know that his office was quick to react regarding the allegations against Ford.

"When all this stuff surfaced, some people wondered why it took so long … the day we found out about the allegations (Dec. 18), we investigated it right away, found out it was substantiated, and we fired him the next day (Dec. 19)," Wallin said.

The News-Review contacted Ford's defense attorney, Joseph Kwiatkowski, earlier today for comment, but have not yet heard back.

Ford is currently scheduled for a pre-sentence investigation in circuit court, and is expected to be sentenced within the next six weeks, however, no date has yet been set.







Ford’s third attempt to disqualify local judge is denied
Posted: Wednesday, October 7, 2009, 12:00 am
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/news/article_a2759bc8-e239-5a45-a66e-2cd0ae47473a.html

A third attempt to disqualify Judge Charles W. Johnson from hearing two cases against a former Emmet County sheriff's deputy has been denied.

The first motion was presented to Johnson on Aug. 12 in 57th Circuit Court by Joe Kwiatkowski, defense attorney for 39-year-old Scott Ford of Carp Lake.

Ford, who was fired from the Emmet County Sheriff's Department on Dec. 19, 2008, is alleged to have committed several acts of misconduct while on duty, and is set to appear in circuit court for jury trials in both November and December.

According to an affidavit in circuit court, it is alleged that on Oct. 18, 2007, Ford unlawfully accessed personal information of an ex-girlfriend using the Law Enforcement Information Network (LEIN).

It is also alleged that he sexually assaulted and solicited a female for drugs during a pair of traffic stops during the summer of 2008, as well as had consensual sex with a victim of an open stalking complaint while on duty Dec. 7, 2008.

During the first motion for disqualification on Aug. 12, Kwiatkowski - on behalf of Ford - requested that Johnson disqualify himself from hearing both cases against the former deputy on the grounds that one of Johnson's court administrators, Julie Wallin, is married to Emmet County Sheriff Pete Wallin - Ford's former employer who will be a witness in his case and may speak in the matter of allocution.

Johnson denied this initial motion to disqualify, stating that he had no "significant social relationship" with either the sheriff or his court administrator, and believed that he could move forward impartially.

Once this decision was handed down, Kwiatkowski requested a "de novo" (meaning a "new beginning" in Latin) review of Johnson's denial of the motion.

The review was then forwarded on to Charlevoix County Circuit Court Judge Richard M. Pajtas, who on Sept. 2, also denied Ford's motion, stating: "There has been no showing whatsoever of actual bias or prejudice on the part of the court based on the fact that the court's court administrator is the wife of the sheriff."

Kwiatkowski did not stop here.

On Sept. 21, he sent Pajtas a motion for reconsideration of his previous decision. Kwiatkowski's motion stated that Ford believed the court made an error by not granting a de novo hearing.

Pajtas went on to deny this motion on Sept. 25, stating in his decision and order that: "the motion is devoid of any merit and should be denied."

Pajtas stated in his Sept. 25 decision, that he conducted Ford's initial motion as a de novo hearing - which is defined by Black Law's Dictionary 7th Edition as a reviewing of a court's decision of a matter anew, giving no difference to a lower court's findings; as well as a new hearing of a matter, conducted as if the original hearing had not occurred.

"That is exactly what this court did," Pajtas stated. "It gave no deference to the lower court's findings and reviewed the record as if the original hearing had not taken place.

"There were no disputed questions of fact."

The News-Review made several attempts during the past two days to contact Kwiatkowski for comment about Ford's case, however no calls were returned as of press time today.

Ford is scheduled for his first jury trial Nov. 9-10 in 57th Circuit Court, and is facing three charges, including false certification impermissible use of personal information, unauthorized access of a computer network and using a computer to commit a crime.

His second trial is scheduled for Dec. 14-17, where he faces six charges, including two counts of fourth-degree criminal sexual conduct, two counts of obstructing justice and two counts of refusal to aid the sheriff.

Christina Rohn 439-9398 - crohn@petoskeynews.com








Motion to disqualify judge denied a second time
Posted: Thursday, September 10, 2009 ·
Updated: Friday, October 23, 2009, 5:10 pm
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/news/article_744a0460-f858-5042-af02-57f86614a499.html

The motion to disqualify 57th Circuit Court Judge Charles W. Johnson from hearing both cases against former sheriff's deputy Scott Ford has been denied for a second time.

Ford, 39, of Carp Lake, who was fired from the Emmet County Sheriff's Department Dec. 19, 2008, is alleged to have committed several acts of misconduct while on duty, and is set to appear in circuit court for jury trials in both November and December.

During the first trial - which is now set to take place Nov. 9-10 - Ford is facing three charges, including false certification impermissible use of personal information, unauthorized access of a computer network and using a computer to commit a crime.

In the second trial, which is now scheduled for Dec. 14-17, Ford is facing six charges, including two counts of fourth-degree criminal sexual conduct, two counts of obstructing justice and two counts of refusal to aid the sheriff.

On Aug. 13, Judge Johnson was presented with a motion from Ford's attorney, Joe Kwiatkowski, to disqualify himself from both cases against Ford, on the grounds that one of his court administrators, Julie Wallin, is married to Sheriff Pete Wallin, Ford's former employer.

Johnson denied the motion stating that he had no "significant social relationship" with either the sheriff or his court administrator.

Johnson went on to say during his summary that he had not discussed the case with either the sheriff or his court administrator, and would never consult with his court administrator for the purpose of forming judicial decisions.

"This court has no doubt it can impartially move forward … it will have no impact whatsoever on the court's decision making," Johnson said.

After this hearing, Kwiatkowski requested a de novo (meaning a "new beginning" in Latin) review of Johnson's denial of the motion to disqualify.

The review was forwarded to Charlevoix County Circuit Court Judge Richard M. Pajtas, who on Sept. 2, also denied Ford's motion to disqualify Johnson from both cases.

In his order denying Ford's motion to disqualify, Pajtas states: "There has been no showing whatsoever of actual bias or prejudice on the part of the court based on the fact that the court's court administrator is the wife of the sheriff."

Kwiatkowski said now that he has received Judge Pajtas' decision, he is unsure whether or not he will continue to pursue the motion to disqualify.

Duane Beach, chief assistant prosecutor for Emmet County, said Ford has the right to appeal the decision to the Michigan Court of Appeals.

"At this point, I've received the decision, and I understand the decision," Kwiatkowski said. "I continue to believe there should be another trial judge."

Christina Rohn - 439-9398 - crohn@petoskeynews.com









Judge in neighboring county to decide if Johnson will preside over ex-deputy's trials
Posted: Thursday, August 27, 2009, 12:00 am
PETOSKEY NEWS
By Steve Zucker News-Review Staff Writer
http://www.petoskeynews.com/news/article_ebb61672-c3cc-5f66-802a-0bd26fb2d52c.html

A judge in a neighboring county has been assigned to decide if Emmet County Circuit Court Judge Charles W. Johnson should preside over the upcoming trials of former sheriff's deputy Scott Ford.

On Tuesday, the Michigan State Court Administrator's Office assigned the matter to Charlevoix County Circuit Court Judge Richard M. Pajtas after Ford's defense attorney, Joe Kwiatkowski, filed a request for another judge to consider his motion seeking to have Judge Johnson disqualified from the case.

On Aug. 12, Judge Johnson denied Kwiatkowski's motion to remove himself from Ford's case. Kwiatkowski's based his motion on the grounds that Johnson's court administrator, Juli Wallin, is the wife of Emmet County Sheriff Pete Wallin. Sheriff Wallin is Ford's former boss and is included on the list of possible witnesses for the trial.

In denying the motion, Judge Johnson said he does not consult with the court administrator on judicial decisions and he does not have a social relationship with her.

Johnson said he "has no doubt (he) can impartially move forward (with the case)."

Ford, 39, of Carp Lake, who was fired from the Emmet County Sheriff's Department Dec. 19, is accused of committing several acts of misconduct while on duty, and is set to appear in circuit court for jury trials on Sept. 14-15 and Nov. 9-12.

Officials with the Charlevoix County Circuit Court said Judge Pajtas will likely make his decision sometime within the next week.

In the first trial, Ford is facing three charges, including false certification-impermissible use of personal information, unauthorized access of a computer network and using a computer to commit a crime.

In the second trial, Ford is facing six charges, including two counts of fourth-degree criminal sexual conduct, two counts of obstructing justice and two counts of refusal to aid the sheriff.

Steve Zucker - 439-9346 - szucker@petoskeynews.com






Johnson denies motion to disqualify himself from hearing Ford's cases
Posted: Friday, August 14, 2009 ·
Updated: Friday, October 23, 2009, 5:06 pm
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/news/article_b7a87512-e778-55ec-9ae5-d264220a6cf9.htmll

The defense attorney for Scott Harold Ford, a former sheriff's deputy who is facing two trials this fall, requested Wednesday that 57th Circuit Court Judge Charles W. Johnson disqualify himself from hearing both cases.

Ford, 39, of Carp Lake, who was fired from the Emmet County Sheriff's Department Dec. 19, 2008, is alleged to have committed several acts of misconduct while on duty, and is set to appear in circuit court for jury trials on Sept. 14-15 and Nov. 9-12.

During the first trial, Ford is facing three charges, including false certification impermissible use of personal information, unauthorized access of a computer network and using a computer to commit a crime.

In the second trial, Ford is facing six charges, including two counts of fourth-degree criminal sexual conduct, two counts of obstructing justice and two counts of refusal to aid the sheriff.

In his motion to disqualify Wednesday, Joe Kwiatkowski, Ford's attorney, argued that one of Johnson's court administrator's, Juli Wallin, is the wife of Emmet County Sheriff Peter Wallin - who will be a witness in the case and may speak in the matter of allocution.

Kwiatkowski argued that, at first, he was not aware that Sheriff Wallin would be a witness in the case.

"He was not a witness at the (preliminary examination), and I didn't expect him to be involved at all in the trial … I didn't anticipate he had any role," he said.

Kwiatkowski said on July 20, he first learned that the prosecution was amending its witness list to include Wallin, which he believed was a significant change.

"Now that we have a case where the prosecution intends to use the husband of a court administrator for a witness and allocution, I believe that does give us grounds for this motion (to disqualify)," he said. "I have the utmost confidence in this court … but it's my firm opinion … the court should consider recusal."

Duane Beach, chief assistant prosecutor for Emmet County, said he did not believe his office amending the witness list to include Wallin was a significant change.

"Our position was that it was not 'new' - (having Wallin testify) was obvious," he said. "The prosecution has the right to amend its witness list by law."

Johnson said in his decision that he appreciated Kwiatkowski's work and due diligence, however, he would deny the motion to disqualify.

"For the record, the court takes no offense (to the motion), on the contrary, I appreciate this was done because it gives the court the opportunity to show the circumstances and its ability to handle this case impartially," he said.

Johnson first addressed the issue of Wallin's wife being his court administrator.

"The court administrator is a long standing member of this staff - she was here when I took office about 14 years ago, however, the court never consults with the court administrator for its judicial decisions," he said.

"This court has no significant social relationship with Sheriff Wallin … I may have attended a staff Christmas party with him once or twice, but that would be the only occasion I would have been in his home … we don't socialize outside of the court in any significance.

"I have not discussed this case with the sheriff, or the court administrator, and I don't intend to."

Johnson said he believed he could move forward impartially in both of Ford's cases.

"In summary, this court has no doubt it can impartially move forward … it will have no impact whatsoever on the court's decision making," he said.

Kwiatkowski said after the hearing that he respected Johnson's decision to deny his motion.

"I have the highest regard for this court, and I respect his opinion, though I may have a different one," he said.

Kwiatkowski said he may decide to have another judge look at his motion to disqualify Johnson, which he would have to do within the next six days. At press time, no decision had yet been made.

Christina Rohn - 439-9398 - crohn@petoskeynews.com








Former sheriff's deputy faces two jury trials
Posted: Wednesday, July 8, 2009, 12:00 am
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/news/article_17d577f3-a17a-5928-8bd5-5b90c4472908.html

A former Emmet County sheriff's deputy will face two jury trials this fall.

Scott Harold Ford, 39, of Carp Lake, who was fired from the sheriff's department Dec. 19, 2008, after having worked for the county for almost nine years, is alleged to have committed several acts of misconduct while on duty.

He is set to appear in 57th Circuit Court Sept. 14, for a two-day trial on three charges, including false certification impermissible use of personal information, unauthorized access of a computer network and using a computer to commit a crime.

Ford is also scheduled for a four-day trial, beginning Nov. 9, facing six charges, including two counts of fourth-degree criminal sexual conduct, two counts of obstructing justice and two counts of refusal to aid the sheriff.

According to an affidavit in district court, it is alleged that on Oct. 18, 2007, Ford unlawfully accessed personal information of an ex-girlfriend using the Law Enforcement Information Network.

It is also alleged that he sexually assaulted and solicited a female for drugs during a pair of traffic stops during the summer of 2008, as well as had consensual sex with a victim of an open stalking complaint while on duty Dec. 7, 2008.

Less than two weeks after this incident, Ford was fired.

This case was investigated by the Michigan Sheriff's Special Investigation Network, which uncovered the pair of sexual assault allegations against Ford. The victim of these alleged assaults has prior convictions for check, prescription drug and retail fraud. She also alleges that she and Ford snorted morphine while he was on duty.

Christina Rohn








Ford's position on K-9 unit replaced
Posted: Wednesday, July 8, 2009, 12:00 am
PETOSKEY NEWS
By Noah Fowle News-Review Staff Writer
http://www.petoskeynews.com/news/article_d4ccdbba-3952-57c0-a286-d3bc3abdcef1.html

The Emmet County Sheriff's Department will no longer have a deputy devoted to patrolling area parks in the summer, a decision handed down from county controller Lyn Johnson last week.

The sheriff's department operated with 17 road deputies last year, however Johnson described the deputy overseeing the parks as a part-time position.

"We used to have one police officer for five months at the park, we've moved that officer back to the sheriff's department," Johnson said. "I would argue the department is down to 16 and a half officers."

Last December, the department fired its K-9 unit director, deputy Scott Ford, after he reportedly had consensual sex with the victim of an open stalking complaint.

Following his termination, Ford was the subject of a Michigan Sheriff's Association investigation and now faces multiple felony charges in 57th Circuit Court. Ford's lawyer maintains his client's innocence.

"The union told us they were going to file a grievance over Ford's dismissal,"

Johnson added. "So, until that process plays out we haven't decided what to do."

In the spring, Sheriff Pete Wallin assigned deputy Robert Poumade to head up the K-9 unit. However, Wallin said he is still coping with a reduced police force, made up of 16 road deputies, five supervisors, plus undersheriff Timothy Roth, and himself.

"We do the best we can with the numbers we got," he said. "We're no longer (patrolling) the parks like we used to."

Johnson pointed out that there will still be law enforcement at the parks with Sgt. Tim Rodwell living at the house on the grounds of Camp Pet-O-Se-Ga and deputy Roger Cassidy living at the lighthouse property at the Headlands.

"We still have a police presence," he said. "We just don't have a deputy assigned specifically to the parks."

Johnson said the decision to add another officer to the department would ultimately lie with the board of commissioners.

"It's a possibility, but it depends on the economy," he said. "There are other positions that become vacant and we are taking a hard look at them. Our revenues are not looking real good for next year."









Former deputy's case is bound over to circuit court
Posted: Tuesday, June 23, 2009, 12:00 am
PETOSKEY NEWS
By Christina Rohn News-Review Staff Writer
http://www.petoskeynews.com/news/article_317009e1-4bcb-5bc8-a1e9-ad6eddd7a660.html

Nine out of 16 charges against a former Emmet County sheriff's deputy have been bound over to 57th Circuit Court.

Scott Harold Ford, 39, of Carp Lake, who was fired from the sheriff's department Dec. 19, 2008, after having worked for the county for almost nine years, has been alleged to have committed several acts of misconduct while on duty.

Initially, Ford was arraigned April 8, 2009, in 90th District Court for two counts of fourth-degree criminal sexual conduct, three counts of obstructing justice, five felony weapon charges for committing crimes in uniform while armed with his service pistol and two counts of refusing to aid the sheriff.

During his preliminary examination on June 4, four additional charges were brought against Ford, including motor vehicle code - false certification impermissible use of personal information, unauthorized access of a computer network (LEIN - Law Enforcement Information Network) and two counts of using a computer to commit a crime.

Monday, during the continuation of Ford's preliminary examination, Judge Richard W. May ruled that he would drop all felony firearms charges against the former deputy, including one obstruction of justice charge and bind over both fourth-degree criminal sexual conduct charges, two obstructing justice charges, two counts of refusing to aid the sheriff, the false certification impermissible use of personal information charge, one count of unauthorized access of a computer network and one count of using a computer to commit a crime.

According to an affidavit in district court, it is alleged that on Oct. 18, 2007, Ford unlawfully accessed personal information of an ex-girlfriend using the Law Enforcement Information Network.

It is also alleged that he sexually assaulted and solicited a woman for drugs during a pair of traffic stops during the summer of 2008, as well as had consensual sex with a victim of an open stalking complaint while on duty Dec. 7, 2008.

Less than two weeks after this incident, Ford was fired.

This case was investigated by the Michigan Sheriff's Special Investigation Network, which uncovered the pair of sexual assault allegations against Ford. The victim of these alleged assaults has prior convictions for check, prescription drug and retail fraud. She also alleges that she and Ford snorted morphine while he was on duty.

A scheduling conference for this case - which will determine whether Ford will plea or go to trial - is set for 10 a.m., July 3 in circuit court.








Ford charged with four more felonies
Posted: Monday, June 8, 2009 ·
Updated: Friday, October 23, 2009, 5:07 pm
Petsokey news
http://www.petoskeynews.com/news/article_f5ad095e-06f9-5be9-a7ae-2bdb7f7216d3.html

Former Emmet County Sheriff's deputy Scott Ford was charged with four additional felonies on Thursday in 90th District Court.

Ford was in court for a preliminary examination on a string of misconduct charges, including a pair of fourth-degree criminal sexual conduct charges. However, Judge Richard May ruled he needed additional time to review prior statements made by a witness.

According to an affidavit, Ford unlawfully accessed personal information of an ex-girlfriend on Oct. 18, 2007. He is being charged with four felonies: false certification impermissible use of personal information, unauthorized access of a computer network and two counts of using a computer to commit a crime. If found guilty of these charges, Ford could face a maximum of seven years in prison and up to $10,000 in fines.

Ford is alleged to have had consensual sex with a victim of an open stalking complaint while on duty on Dec. 7, 2008. He was fired less than two weeks later by undersheriff Tim Roth.

The case was then forwarded to the Michigan Sheriffs Special Investigation Network, which uncovered a pair of sexual assault allegations. The victim of those alleged assaults has prior convictions for check, prescription drug and retail fraud, and is currently enrolled in drug rehabilitation program. She also alleges she snorted morphine with Ford while he was on duty.

During the preliminary examination, the alleged victim admitted her use of drugs impaired the accuracy of her memory and that she was scared to initially come forward with her story.

"I was afraid. I didn't know what he could do to me," she said. "I was using drugs at the time too."

The woman with the open stalking complaint who had consensual sex with Ford said she did not think Ford had done anything wrong.

"I take responsibility for my part in it," she said.

The News-Review is withholding her identity because she attempted suicide following her encounter with Ford and because of the events surrounding her initial stalking complaint.

Undersheriff Roth detailed a series of hearings where he told Ford that his level of misconduct rose to a criminal nature.

"His jaw hit the ground," Roth said.

Roth added that he did not think it was possible for Ford to have committed misconduct while performing his regular police duties.

"But apparently he could, embarrassingly so," he said.

Ford's attorney Joseph Kwiatkowski said there is not enough evidence in the case to convict his client.

"He is innocent," he said.

Ford is due back in court at a date to be determined, where May will conclude the preliminary examination to decide if a trial is necessary and formally arraign Ford on the new charges.

Ford remains free on a $10,000 personal recognizance bond.





Former sheriff's deputy Scott Ford arraigned
Posted: Wednesday, April 8, 2009, 12:00 am
PETOSKEY NEWS
By Noah Fowle News-Review Staff Writer · 1 comments
http://www.petoskeynews.com/news/article_6a1b79b2-8646-5c53-9211-9b355a71ce39.html

Scott Ford was arraigned in Emmet County's 90 District Court today, Wednesday.

The 39-year-old former Emmet County Sheriff's Department deputy is alleged to have committed a host of illegal acts, all while in uniform last year.

"My client categorically denies the charges," said Ford's attorney Joseph Kwiatkowski. "That's what trials are for. We don't try people in the court of public opinion."

Ford is facing two fourth-degree criminal sexual misconduct charges, two obstruction of justice charges for misconduct in the office, four felony weapon charges for committing the crimes in uniform while armed with his service pistol, and a pair of charges for refusal to aid the sheriff.

If convicted, Ford, an employee with the department for almost nine years, faces up to 7-years in prison and $14,000 in fines.

He is scheduled back in court on May 4.







Former deputy facing multiple charges
Posted: Thursday, March 19, 2009, 12:00 am
PETOSKEY NEWS
By Noah Fowle
http://www.petoskeynews.com/news/article_6b97ff42-eda3-50f8-b1a5-c986c5c928b1.html

A former Emmet County Sheriff's Department deputy was arrested on Tuesday on six felony counts and four misdemeanors in connection with a string of offenses he allegedly committed while on duty.

Scott Ford, 39, of Carp Lake, is facing two fourth-degree criminal sexual conduct charges, two obstruction of justice charges for misconduct in the office, four felony weapon charges for committing the crimes in uniform while armed with his service pistol, and a pair of charges for refusal to aid the sheriff. The allegations and charges are detailed in an arrest affidavit on file in 90th District Court.

Emmet County Sheriff Pete Wallin said that upon learning of allegations of misconduct by the deputy, he fired Ford on Dec. 19, 2008. Wallin then forwarded the case to the Michigan Sheriffs' Association to complete a criminal investigation.

During that investigation, a pair of criminal sexual conduct charges were leveled against Ford, who was employed by the sheriff's department for almost nine years, for sexually assaulting a female during a pair of traffic stops over the summer.

"Misconduct as is alleged will not be tolerated by this office and is not a reflection of the other fine men and women that continue to serve the citizens of Emmet County," said Wallin. "We accept and acknowledge that members of the Emmet County Sheriff's Office, and all other law enforcement officers, are accountable for their actions - just like the citizens that we serve."

The Michigan Sheriffs' Association regularly performs internal investigations using a special unit of seasoned investigators known as the Michigan Sheriffs Special Investigation Network and usually calls in officers from separate counties to ensure an objective report. Sgt. Randy Baerlocker, of the Crawford County Sheriff's Department, and Sgt. Thomas Fredlund, of the Alpena Sheriff's Department, oversaw Ford's investigation and arrest.

"It's important we do these types of investigations to maintain the public's trust. We are prepared to investigate anyone, even our own," said executive director Terry Jungel. "Anyone who breaks the law has to be investigated fairly and equally."

According to the affidavit, the misconduct which led to Ford's dismissal took place Dec. 7, 2008, when Ford is accused of having consensual sex, while on duty, with an Emmet County woman who had an open stalking complaint under investigation by the sheriff's department.

According to the affidavit, Ford's criminal sexual conduct took place on two separate traffic stops which were never entered into Ford's daily log. According to the victim, Ford made unwanted sexual advances towards her and requested drugs on one occasion while her young son was sleeping in the back seat of the car. She also alleges that she and Ford crushed and snorted morphine together on at least one occasion.

The Emmet County Sheriff's Department does have a drug testing policy in addition to administering psychological evaluations of its employees. The Petoskey News-Review has requested a copy of Ford's personnel file under the Freedom of Information Act in order to learn whether or not he ever failed a drug test or received an evaluation.

If convicted, Ford faces up to seven years in prison and $14,000 in fines.

Ford is free on $10,000 personal recognizance bond, posted on the day of his arrest. He is scheduled for arraignment on the charges Wednesday, April 8.









Former Emmet County deputy facing weapons, sexual misconduct charges
Posted: Wednesday, March 18, 2009 ·
Updated: Friday, October 23, 2009, 5:16 pm
PETOSKEY NEWS

A former Emmet County Sheriff's Department deputy was arrested on Tuesday on six felony counts and four misdemeanors in connection with a string of offenses he allegedly committed while on duty.

Scott Ford, 39, is facing two fourth-degree criminal sexual misconduct charges, two obstruction of justice charges for misconduct in the office, four felony weapon charges for committing crimes in uniform while armed with his service pistol, and a pair of charges for refusal to aid the sheriff. The allegations and charges are detailed in an arrest affidavit on file in 90th District Court.

Emmet County Sheriff Pete Wallin said that upon learning of allegations of misconduct by the deputy, he fired Ford, on Dec. 19, 2008. Wallin then forwarded the case to the Michigan Sheriff's Association to complete a criminal investigation.

During that investigation, a pair of criminal sexual conduct charges were leveled against Ford for sexually assaulting a female during a pair of traffic stops over the summer.

The misconduct which lead to Ford's dismissal took place Dec. 7, 2008, when Ford is accused of having consensual sex, while on duty, with an Emmet County woman who had an open stalking complaint under investigation by the sheriff's department.

If convicted, Ford, who was employed by the sheriff's department for almost nine years, faces 14 years in prison and $14,000 in fines.

Ford is free on $10,000 personal recognizance bond, posted on the day of his arrest. He is scheduled for arraignment on the charges Wednesday, April 8.