OIDV Project Of Michigan - Officer Involved Domestic Violence Project Of Michigan

Tuesday, February 19, 2013

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

Also See

Michigan Public Act 550

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

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

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

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

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

Amended MCL 769.4a

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

Current MCL 769.4a

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

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

Also See:

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.