CLICK HERE TO VIEW COMPLETE LISTING OF 2008 OIDV CASES BY DATEWednesday, December 31, 2008
Monday, December 8, 2008
12072008 - Deputy Scott Ford - Emmet County SD
On December 07, 2008, while Deputy Scott Ford [Emmet County Sheriff Department] was on duty he had consensual 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.
ALSO SEE:
DEPUTY SCOTT FORD, EMMET COUNTY SD [October 19, 2007]
Misuse of Sheriff Department LEIN system to stalk ex-girlfriend.
http://michiganoidv.blogspot.com/2009/03/deputy-scott-ford-emmet-county-sd.html
DEPUTY SCOTT FORD, EMMET COUNTY SD [Summer 2008]
Sexually assaulted a woman during traffic stops
http://michiganoidv.blogspot.com/2008/06/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 · 0 comments
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.
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.
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."
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.
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.
Subscribe to:
Posts (Atom)