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

In October 1999, Macomb County Sheriff William Hackel was investigated for raping an acquaintance during a Michigan law enforcement convention. Sheriff Hackel maintained that the sex was consensual.

In November 1999, Sheriff William Hackel was charged with rape, after he failed a polygraph exam.

During his trial in April 2000, Sheriff Hackel falsely maintained that the sex had been consensual. The jury convicted Hackel of rape.

In May 2000, Sheriff Hackel was sentenced to at least 3 years in prison for the October 1999 rape. He served 5 years and was released in 2005.

In June 2000, Sheriff Hackel filed an appeal on his rape conviction...He was still falsely claiming that the sex had been consensual. Hackel's appeal was denied.

In 2007, the Detroit US Federal Court turned down Sheriff Hackel's request for a new trial on his rape conviction. Hackel was still maintaining that the sex had been consensual.

Sheriff William Hackel has been throwing the words "consensual sex" around for years. In 1991, when male jail inmates broke into the female inmate section of the jail, the male inmates did not rape the women: "There's no question that they had sex," Hackel said, "It was consensual".

Sheriff prosecuted after failing lie detector test
The Argus Press
Owosso Michigan
Mon., May 8, 2000

Mount Pleasant, Mich. [AP] - Former Macomb County Sheriff William Hackel failed a lie detector test two weeks before he was charged with raping a 25-year-old woman at a sheriff's convention.

The FBI polygraph exam showed Hackel failed two key questions: "Did you force [the victim] to have sex with you on Oct. 11th?" and "Did [the victim] ever indicate to you that she wanted you to stop having sex with her?"

Hackel answered no to both questions, according to the Detroit News, which obtained results of the test with a Freedom of Information Act Request.

"It is the opinion of the examiner that the recorded responses ... are indicative of deception," lie detector examiner Samuel J. Ruffino wrote in his report. Hackel was given the hour-long test at the FBI headquarters in Detroit on Nov. 2, 1999.

Hackel, 58, was convicted April 27 by an Isabella County jury of two counts of third-degree criminal sexual conduct.

A message was left early Monday seeking comment from Hackel lawyer James Howarth.

Polygraph test results are inadmissible as evidence in court, but prosecutors use them when credibility is a key factor, said Steven Kaplan, an assistant Macomb County prosecutor with 14 years experience.

"It's an important tool in a case where it's one-on-one," Kaplain said. "In cases where the evident is not strong, prosecutors will use polygraphs to determine whether they will charge. It's a tool for the prosecutor in determining the validity of the charges.

Hackel, who was sheriff for 23 years, faces up to 15 years in prison when he is sentenced May 15.

Sheriff prosecuted for rape after lie detector failure
Ludington Daily News
Monday, May 8, 2000

Mount Pleasant, Mich. [AP] - Former Macomb County Sheriff William Hackel failed a lie detector test two weeks before he was charged with raping a 25-year-old woman at a sheriff's convention.

The FBI polygraph exam showed Hackel failed two key questions: "Did you force [the victim] to have sex with you on Oct. 11th?" and "Did [the victim] ever indicate to you that she wanted you to stop having sex with her?"

Hackel answered no to both questions, according to the Detroit News, which obtained results of the test with a Freedom of Information Act Request.

"It is the opinion of the examiner that the recorded responses ... are indicative of deception," lie detector examiner Samuel J. Ruffino wrote in his report. Hackel was given the hour-long test at the FBI headquarters in Detroit on Nov. 2, 1999.

Hackel, 58, was convicted April 27 by an Isabella County jury of two counts of third-degree criminal sexual conduct.

A message was left early Monday seeking comment from Hackel lawyer James Howarth.

Polygraph test results are inadmissible as evidence in court, but prosecutors use them when credibility is a key factor, said Steven Kaplan, an assistant Macomb County prosecutor with 14 years experience.

"It's an important tool in a case where it's one-on-one," Kaplain said. "In cases where the evident is not strong, prosecutors will use polygraphs to determine whether they will charge. It's a tool for the prosecutor in determining the validity of the charges."

Hackel pleads not guilty
CM LIFE
January 01, 2000
http://media.www.cmlife.com/media/storage/paper906/news/2000/01/10/News/Hackel.Pleads.Not.Guilty-2479189.shtml

Macomb County Sheriff William Hackel pled not guilty to two counts of third degree criminal sexual conduct Dec. 17 at the Isabella County Circuit Court.

He is scheduled to appear for a definite final pretrial date at 1:30 p.m. Feb. 1, where settlement may be considered and a trial date set, according to court reports.

Hackel, 57, remains sheriff for Macomb County, though he faces felony charges that could result in 15 years in prison.

The charges stem from an investigation conducted by the Saginaw Chippewa Tribal Police from a complaint made on Oct. 11.

The complaint was filed by a woman who alleges she was assaulted in her hotel room at the Soaring Eagle Casino and Resort, 1600 Soaring Eagle Blvd.

According to court reports, "Hackel orally penetrated (the alleged victim) by using force or coercion to accomplish sexual intercourse."

He was required to submit to mandatory HIV/AIDS and sexually transmitted diseases tests.The incident allegedly occurred while Hackel was attending the Michigan Sheriffs' Association fall conference in October.

Hackel, who has been Macomb's sheriff for 23 years, was released on a $10,000 surety or 10 percent bond.

STAY PUT OR RESIGN?
OTHERS ANSWER FOR HACKEL SEX CHARGES DIVIDE MACOMB OFFICIALS
November 19, 1999
Detroit Free Press
As rape charges threaten to limit Macomb County Sheriff William Hackel's effectiveness in a way political rivals never could, opinion was divided Thursday over whether the county's top cop should step down. "All we know at this point are bare-boned allegations," said Macomb County Prosecutor Carl Marlinga, a friend and political ally of the six-term Democratic sheriff. "There should be some grace period to come to a decision ...

Macomb sheriff accused of CSC
CM Life
November 19, 1999
http://media.www.cmlife.com/media/storage/paper906/news/1999/11/19/News/Macomb.Sheriff.Accused.Of.Csc-2479534.shtml

Macomb County Sheriff William Hackel, who was arraigned Wednesday for allegedly sexually assaulting a woman, will face a preliminary examination set for Nov. 23.Hackel, 57, was charged with two counts of third-degree criminal sexual conduct, which requires that he submit to a mandatory HIV/AIDS.

The charges stem from an investigation conducted by the Saginaw Chippewa Tribal Police from a complaint made on Oct. 11, tribal police said.

Hackel could not be reached at press time for comment. The Isabella County Prosecutor's Office stated in a written release that the complaint was filed by a woman who alleges she was sexually assaulted in her hotel room at the Soaring Eagle Casino and Resort, 1600 Soaring Eagle Blvd.

In reports filed at the Isabella County Building, Hackel "orally penetrated (the alleged victim) by using force to accomplish sexual intercourse."The incident occurred while he was attending the Michigan Sheriffs' Association fall conference last month.

Hackel, who has been Macomb's sheriff for 23 years, was released on a $10,000, surety or 10 percent bond.

He is married with a son.

The Associated Press contributed to this article.

　

　

　

　

　
Sheriff Accused of assaulting woman
Moscow-Pullman Daily News
Thursday, November 18, 1999

Mount Pleasant, Mich - A sheriff has been charged with raping a woman while attending the states's Sheriff's Association conference last month.

William Hackel, a 23-year veteran sheriff of Macomb County, was arraigned Wednesday on two counts of third-degree criminal sexual conduct. Each offense carries a maximum penalty of 15 years in prison.

The alleged assault occurred at the Soaring Eagle Casino and Resort in Mount Pleasant, about 60 miles north of Lansing. The investigation was conducted by the Saginaw Chippewa Tribal Police.

The Oct. 11 complaint was filed by a woman who alleges she was sexually assaulted in her hotel room at the resort, the Isabella County Prosecutor's Office said in a written statement.

Investigators interviewed more than two dozen people during the five-week investigation. The woman reported the alleged attack shortly after she said it occurred, prosecutor Larry Burdick said.

More than 100 representatives from 60 of Michigan's 83 counties attended the three-day conference to discuss law enforcement standards.

Hackel's wife also was at the conference.

Hackel was not at the sheriff's department office Wednesday evening. His home telephone number is not published. There was no answer at the office of Hackel's attorney, James Howarth.

Howarth had said earlier that Hackel did not intend to step down and urged people not to form a hasty opinion.

Howarth told the Detroit Free Press this week: "This could end his career."

Hackel, 57, who is serving his sixth four-year term as sheriff of the Detroit-area county, was released on $10,000 bond. A preliminary hearing was scheduled for Tuesday.

Woman says sheriff raped her in hotel
-The veteran lawman is charged on two counts -
The Vindicator
Thursday, November 18, 1999

Mount Pleasant, Mich [AP] - Mount Pleasant, Mich - A sheriff has been charged with raping a woman while attending the states's Sheriff's Association conference last month.

William Hackel, a 23-year veteran sheriff of Macomb County, was arraigned Wednesday on two counts of third-degree criminal sexual conduct. Each offense carries a maximum penalty of 15 years in prison.

The alleged assault occurred at the Soaring Eagle Casino and Resort in Mount Pleasant, about 60 miles north of Lansing. The investigation was conducted by the Saginaw Chippewa Tribal Police.

Statement: The Oct. 11 complaint was filed by a woman who alleges she was sexually assaulted in her hotel room at the resort, the Isabella County Prosecutor's Office said in a written statement.

Investigators interviewed more than two dozen people during the five-week investigation. The woman reported the alleged attack shortly after she said it occurred, prosecutor Larry Burdick said.

More than 100 representatives from 60 of Michigan's 83 counties attended the three-day conference to discuss law enforcement standards. Hackel's wife also was at the conference.

Hackel was not at the sheriff's department office Wednesday evening. His home telephone number is not published. There was no answer at the office of Hackel's attorney, James Howarth.

Michigan sheriff accused of rape
Rome News-Tribune
Thursday, November 18, 1999

Mount Pleasant, Mich [AP] - Mount Pleasant, Mich - A sheriff has been charged with raping a woman while attending the states's Sheriff's Association conference last month.

William Hackel, a 23-year veteran sheriff of Macomb County, was arraigned Wednesday on two counts of third-degree criminal sexual conduct. Each offense carries a maximum penalty of 15 years in prison.

The alleged assault occurred at the Soaring Eagle Casino and Resort in Mount Pleasant, about 60 miles north of Lansing. The investigation was conducted by the Saginaw Chippewa Tribal Police.

Macomb sheriff accused of assault
The Argus Press
Owosso Michigan
Thurs. Nov. 18, 1999

Mount Pleasant, Mich. [AP] - The Macomb County sheriff has been charged with raping a woman in a hotel while he was attending the Michigan Sheriff's Association fall conference last month.

William Hackel, 57, was arraigned Wednesday on two counts of third-degree criminal sexual conduct. Each offense carries a maximum penalty of 15 years in prison.

"Conviction would almost certainly mandate some length of prison term," Prosecutor Larry Burduck told The Detroit News.

The charges stem from an investigation conducted by the Saginaw Chippewa Tribal Police from a complaint made on Oct. 11, tribal police said. Tribal police conducted the investigation because Soaring Eagle Casino and Resort in Mount Pleasant where the attack allegedly occurred is on tribal property.

Hackel surrendered to authorities Wednesday afternoon.

Hackel, who has been the sheriff for 23 years, was released on a $10,000 bond. A preliminary examination is scheduled for Tuesday.

The complaint was filed by a woman who alleges she was sexually assaulted in her hotel room at the Soaring Eagle Casino and Resort, the Isabella County Prosecutor's Office said in a written statement.

Investigators interviewed more than two dozen people during the five-week investigation. The woman reported the alleged attack shortly after she said it occured, Burdick said.

Hackel was not immediately questioned by police.

More than 100 representatives from 60 of Michigan's 83 counties attended the three-day event to discuss law enforcement standards and hear speakers. Hackel's wife also was at the conference.

Macomb County Prosecutor Carl Marlinga, a close friend and political ally of Hackel, called Wednesday "the saddest day of my political career." But he said he believes the judicial system will work to find the truth.

"I'm perfectly torn in half on this," he told The Macomb Daily of Mount Clemens. "Bill Hackel is my friend, but I also don't believe police or prosecutors would bring forward a charge unless it's being brought in good faith."

Hackel was not at the sheriff's department office Wednesday evening. His home telephone number is not published. There was no answer at the office of Hackel's attorney, James Howarth.

Howarth had said earlier that Hackel did not intend to step down and urged people not to form a hasty opinion.

But he told the Detroit Free Press on Thursday: "This could end his career."

Hackel, who has a son who works for the sheriff deparmtnet, was elected sheriff in 1976.

Prisoners break in to have sex
Lewiston Tribune
Saturday, April 13, 1991

Mount Clemens, Mich - Eight prisoners broke into the women's section of the Macomb County Jail and had sex with eight female inmates, authorities said.

The incident was discovered when the male inmates scrambled back to make bed check Tuesday night, jail administrator Donald Amboyer said. The male inmates were awaiting transfer to the Phoenix Correctional Facility at Plymouth. They broke into a closet, descending a plumbing shaft to a closet one floor below and broke knobs off a closet there to get into the women's section.

They stayed in the woman's quarters about a half hour, Sheriff William H. Hackel said. "There's no question that they had sex," Hackel said. "It was consensual."

Wednesday, October 6, 1999

10061999 - Mayor Gerald "Ajax" Ackerman - Trial - Port Huron

Also See:

Port Huron Mayor Gerald "Ajax" Ackerman - charged for sexual assaults [April 07, 1999]

http://michiganoidv.blogspot.com/1999/04/mayor-gerald-ajax-ackerman-charged-port.html

Mayor Gerald "Ajax" Ackerman - Trial for CSC [October 06, 1999]

http://michiganoidv.blogspot.com/1999/10/mayor-gerald-ajax-ackerman-trial-port.html

Mayor Gerald "Ajax" Ackerman - Sentenced for exposure [October 26, 1999]

http://michiganoidv.blogspot.com/1999/10/mayor-gerald-ajax-ackerman-sentenced.html

Mayor Gerald "Ajax" Ackerman: Re-Trial [May 02, 2000]

http://michiganoidv.blogspot.com/2000/05/mayor-gerald-ajax-ackerman-re-trial.html

Port Huron Mayor Gerald "Ajax" Ackerman sentenced for CSC [June 16, 2000]

http://michiganoidv.blogspot.com/2000/06/mayor-gerald-ajax-ackerman-sentenced.html

2nd trial scheduled for ex-Michigan mayor
The Blade
Toledo, Ohio
October 30, 1999

Port Huron, Mich. - A former mayor will be tried again in February on at least some of the felony counts that jurors could not reach verdicts on as they convicted him of exposing himself to nine underage girls.

The second trial of Gerald "Ajax" Ackerman is to begin Feb. 23, St. Clair County Circuit Court officials said yesterday.

Ackerman was sentenced Tuesday to a year in jail after jurors convicted him of nine counts of indecent exposure. Jurors couldn't reach verdicts on eight counts of first-degree criminal sexual conduct, six counts of felony second-degree criminal sexual conduct, and two counts of felony child sexually abusive activity.

Former Michigan Mayor Convicted on Indecent Exposure Counts
October 27, 1999
Jim Burns

(CNSNews.com) - An eastern Michigan jury convicted a former mayor of Port Huron Tuesday on nine indecent exposure charges, but the jury couldn't reach a verdict on the 16 felony sexual misconduct charges.

After the verdict, Judge Peter Deegan immediately sentenced former Port Huron Mayor Gerald "Ajax" Ackerman to one year in prison on the nine misdemeanor counts that will be served concurrently. Ackerman, 42, had no visible reaction when the verdicts were read.

The allegations against Ackerman, once hailed as a role model who used his story of how he overcame drug and alcohol addictions to motivate others, involved 11 girls, ranging in age from 8 to 15.

When the judge asked if he would like to make a statement, Ackerman responded, " I don't understand why I'm being treated different, prior to these allegations, there is no history of me ever having a problem with children."

The jury reached the verdicts after more than 15 hours of deliberation over four days.

One woman started to cry when she heard the sentence, and the judge ordered her and three other women to leave the courtroom. As she was escorted out by a deputy sheriff, she screamed obscenities.

Saint Clair County, Michigan prosecutor Peter George said after the verdict, "Although the jury was not able to unanimously agree that Mr. Ackerman committed criminal sexual conduct, we believe Mr. Ackerman is accountable for those counts and we expect to strenuously pursue those charges in retrial."

Assistant County Prosecutor Mona Armstrong added that a retrial could come as early as January.

Ackerman was mayor of Port Huron, Michigan in November 1997 and resigned in April 1999, one day after the first charges against him were filed.

While Mayor, Ackerman initiated programs that once earned him the title of "Michigan Public Citizen of the Year."

Ex-mayor convicted on sex charges
The Tuscaloosa News
Joseph Altman Jr.
Associated Press
October 27, 1999

Port Huron, Mich [AP] - Port Huron's tattooed, motorcycle-riding former mayor, once hailed as a role model for overcoming drugs and alcohol, was convicted Tuesday of exposing himself to nine underage girls.

Judge Peter Deegan immediately sentenced Gerald "Ajax" Ackerman, 42, to a year in prison on the nine counts of indecent exposure.

The jury couldn't reach verdicts on 16 other counts of sexual misconduct.

"This conviction on these counts has nothing to do, Mr. Ackerman, with what you've done for this community. ...You could have won the Nobel Prize for Peace and if you would have acted this way this sentence would be the same," Deegan said.

The allegations involved 11 girls ages 8 to 15. In one instance, three girls - 9, 11, and 13 - testified they were together when Ackerman told them to take off their clothes and then performed oral sex on them.

Ackerman testified that he did nothing sexaully inappropriate to any of his under age accusers. He acknowledge two affairs with teen-agers - who were not among his accusers - and said there was a possibility that four girls could have seen him exposed accidently.

Ackerman, who once sported a ponytail, leather clothes and tattoos, was named Michigan Public Citizen of the Year in 1994.

He was elected mayor of Port Huon three years later and resigned in April, one day after charges were filed.

Before he was escorted from court in handcuff Monday, Ackerman told the judge: "I'm willing to accept my convictions ... I spent 12 years in this community doing everything I could to contribute. I've helped numerous children in this community over a number of years."

Prosecutor Peter George said he expects to retry Ackerman on the 16 other charges.

Ex-mayor's jury split on sex charges
The Blade
Toledo, ohio
October 27, 1999

Port Huron, Mich [AP] - This city's tattooed, motorcycle-riding former mayor, once hailed as a role model for overcoming drugs and alcohol, was convicted yesterday of exposing himself to nine underage girls.

Judge Peter Deegan immediately sentenced Gerald "Ajax" Ackerman, 42, to a year in prison on the nine counts of indecent exposure.

The jury couldn't reach verdicts on 16 other counts of sexual misconduct on 16 other counts, including eight counts of first-degree criminal sexual conduct, six counts of felony second-degree criminal sexual conduct, and two counts of felony child sexually abusive activity.

The former mayor, 42, showed no reaction when the verdicts were read. he could have faced up to life in prison if he had been convicted of first-degree criminal sexual conduct.

The allegations involved 11 girls ages 8 to 15.

St. Clair County Prosecutor Peter George said the former mayor will be tried again on the criminal sexual conduct charges. A retrial could be as early as January, assistant prosecutor Mona Armstrong said.

Jurors finish second day of deliberations with no verdict
Argus-Press
October 24, 1999

Port Huron, Mich [AP] - Jurors deliberated more than five hours Saturday without reaching a verdict on the criminal sexual conduct charges against former mayor Gerald "Ajax" Ackerman.

The jury, comprised of seven women and give men, asked to have portions of testimony re-read to them during the deliberations Saturday. They are scheduled to hear more testimony when deliberations resume Monday.

Assistant Prosecutor Mona Armstrong said she is encouraged by the portions of testimony the jurors asked to re-hear. The jury also asked to have the jury instructions read again.

Defense attorney Kenneth Lord declined comment.

The jury was scheduled to deliberate until 4 p.m., but worked nearly a half hour late.

The 42-year-old Ackerman faces 16 felony charges and nine misdemeanors, including first-degree criminal sexual conduct and indecent exposure. If convicted, he faces life in prison on the first-degree criminal sexual conduct charges.

Ackerman was arrested in April after a Port Huron police investigation into allegations of sexual abuse in St. Clair County. He resigned from the mayor's job a day later.

St. Clair County Judge Peter Deegan rewarded the jurors for conducting deliberations on a Saturday by treating them to lunch.

Jurors deliberate fate of former mayor in sex case
The Argus-Press
Owosso, Michigan
October 23, 1999

Port Huron, Mich. [AP] - The jury considering criminal sexual conduct charges against former mayor Gerald "Ajax" Ackerman deliberated seven hours Friday without reaching a verdict.

The jury is scheduled to resume deliberations Saturday morning. On Friday, the jury asked to review portions of court transcripts.

Ackerman, 42, faces 16 felony charges and nine misdemeanors, including first-degree criminal sexual conduct and indecent exposure. If convicted, he faces life in prison on the first-degree criminal sexual conduct charges.

Ackerman was arrested in April after a Port Huron police investigation into allegations of sexual abuse in St. Clair County. He resigned from the mayor's job a day later.

Ackerman used the story of his struggle with drug and alcohol abuse to help others overcome their problems. He iniated programs that once earned him Michigan Public Citizen of the Year.

Michigan Ex-Mayor Claims Pants Falling Was Accident
October 20, 1999
Jim Burns
http://cnsnews.com/news/article/michigan-ex-mayor-claims-pants-falling-was-accident

(CNSNews.com) - Former Port Huron, Michigan Mayor Gerald "Ajax" Ackerman testified in a Michigan circuit court that he had affairs with two young women and that his pants fell down, accidentally, several times at the youth center that he ran. Ackerman, however, denied molesting any girls.

Ackerman is being tried on 25 counts of criminal sexual conduct against 12 girls ranging in age from 8 to 16.He has denied the criminal charges.

The former mayor testified that on four occasions his pants accidentally fell down in front of children. But he insisted the incidents were accidental.

Ackerman described one time when his shorts fell. "I was playing Ping Pong with (one of the alleged victims). The button on my shorts was broken; the shorts started to fall. But I immediately pulled them back up."

The former Port Huron mayor also said the zipper and button on the shorts had been broken for some time before the incident. He also testified that he wasn't wearing underwear at the time.

Assistant Saint Clair County, Michigan prosecutor Mona Armstrong asked Ackerman, "You knew those shorts were broken, yet you still wore them around children without any underwear. Did you ever say to yourself 'Maybe I should wear underwear?' Ackerman replied, "yes."

Armstrong also questioned Ackerman at length about his admitted sexual relationships with two high school girls. Both young women were above the age of consent, 17, when the relationships took place. But Circuit Judge Peter Deegan allowed the testimony after Armstrong argued that Ackerman's liaisons with the two girls demonstrated a pattern of behavior.

Ackerman acknowledged "with great pain that those relationships were inappropriate. It essentially ruined my life, I was a married man."

Kenneth Lord, Ackerman's attorney, objected to the amount of time spent questioning the former mayor about his relationships with the young women.

The jury is expected to begin deliberations Friday.

Some charges against former mayor dismissed
The Argus-Press
Owosso, Michigan
October 20, 1999

Port Huron, Mich. [AP] - A judge has thrown out two charges against former Mayor Gerald 'Ajax" Ackerman and reduced two other charges.

Ackerman still faces 16 felony counts and nine misdemeanors, including first-degree criminal sexual conduct and indecent exposure. He faces life in prison if convicted.

Circuit Judge Peter Deegan on Tuesday granted defense motions to dismiss one count of second-degree criminal sexual conduct and a misdemeanor charge of furnishing obscenity to children, saying testimony did not support the charges.

Deegan also reduced two first-degree criminal sexual conduct counts to second-degree counts.

Earlier Tuesday, a woman who volunteered at dances at the former mayor's youth center testified that she never saw him act inappropriately in front of minors.

Magaret Drews, who took the witness stand for Ackerman's defense, said she sometimes paid unannounced visits to the center and never saw Ackerman expose himself or do anything to make her feel uncomfortable.

Defense lawyers fof Ackermean, accused of sexual misconduct with girls ages 8 to 15, began presenting their case Tuesday as his trial stretched into its third week.

Ackerman, 42, will take the stand this week, defense attorney Kenneth Lord said.

He said the defense could finish its case Thursday and closing arguments could be held as early as Friday.

Girl testifies former Port Huron mayor repeatedly abused her
The Argus-Press
Owosso, Michigan
October 15, 1999

Port Huron, Mich. [AP] - Jurors in the trial of the city's former mayor have heard testimony from all of his accusers, including a 9-year-old girl who said the man had sex with her when she was 8.

Thursday, the 9-year-old testified that Gerald "Ajax" Ackerman performed oral sex on her and touched her genitals, the Times Herald of Port Huron reported. She also testified that Ackerman had sex with her while a 13-year-old and an 11-year-old - who also accused Ackerman of sexual contact - were in the room.

St. Clair County Assistant Prosecutor Mona Armstrong asked the 9-year-old how the alleged activity made her feel.

"It was sad," she said, responding to a series of questions, "Because it was scary."

Ackerman, 42, is charged with 17 felony counts and 10 misdemeanors, including indecent exposure, first-degree criminal sexual conduct and furnishing obscene material to minors. First-degree criminal sexual conduct is punishable by up to life in prison.

On Thursday, Mrs. Armstrong called seven witnesses to the stand, Port Huron radio station WPHM reported. She said the prosecution expects to rest today. The defense then could begin calling an expected 20 witnesses.

During Thursday's cross-examination, defense attorney Kenneth Lord said that two experts who examined the same girl two days apart had completely different findings. One said there was evidence of sexual assault while the other found no such evidence.

The prosecution has called about 40 witnesses to the stand sicne the trial began last week.

On Wednesday, a 13-year-old girl testified that Ackerman repeatedly sexually abused her, but said she kept quiet about the alleged abuse because she was afraid of him.

The girl's testimony came a day after two girls testified that they once had consensual sexual relationships with Ackerman.

Three girls say they lied to police about Port Huron Mayor
Argus-Press
Owosso, Michigan
October 13, 1999

Port Huron, Mich. [AP] - A 10-year-old girl testified that she lied about the city's former mayor exposing himself to her because she said she wanted to come to court with her older sister, who also alleges the man abused her.

The 10-year-old was among three witnesses who testified Tuesday that they lied when questioned by police following Gerald "Ajax" Ackerman's April arrest, the Detroit News reported.

Ackerman, 42, is charged with 17 felony counts and 10 misdemeanors, including nine for indecent exposure. The charges range in severity from first-degree criminal sexual conduct, punishable by up to life in priosn, to furnishing obscene material to minors, which carries a 90-day sentence.

"I wanted to be there with my sister so she wouldn't have to go through this alone," the 10-year-old testfied Tuesday.

A 19-year-old said she lied to police on three occasions because she loved Ackerman and wanted to protect him.

The girl, who was 17 at the time of the alleged abuse, said Tuesday that Ackerman last year gave her a bag containing pornographic video-tapes.

She had told police that she threw the tapes away last fal. But under cross-examination Tuesdays she said she got rid of them the week after Ackerman's arrest.

She said she lied because she didn't want to get Ackerman in any more trouble.

A third girl testified Tuesday that she originally told police that Ackerman hadn't abused her because she "didn't feel like talking about it."

Last week, seven young witnesses testified that Ackerman had exposed himself to them. The trial, which began last week, is expected to last two weeks.

6 youths say ex-mayor exposed himself to them
The Blade
Toledo, Ohio
October 09, 1999
Port Huron, Mich - Ex-Mayor Gerald "Ajax" Ackerman's child sex abuse tgrial conntinued yesterday, with six young witnesses testifying that the former mayor exposed himself to them.

On the second day of testimony in Mr. Ackerman's trial on sex charges, four girls - two 12-year-olds and two 15-year-olds - said they had seen his overalls fall down, exposing his genitals.

Another 15-year-old girl and an 11-year-old boy testified that the former mayor's genitals were exposed, because he wore his overalls loosely.

Ex-Mayor on trial on sex charges
The Blade
Toledo, Ohio
October 8, 1999

Port Huron, Mich. - This city's former mayor - on trial on sex charges - was a manipulator who "weeded out children who would be receptive to his sexual advances," a prosecutor told jurors yesterday.

"This case is about the utmost manipulation of children to meet one's ends," Mona Armstrong, an assistant St. Clair County prosecutor, said in the trial of Gerald "Ajax" Ackerman.

Mr. Ackerman, 42, is charged with 17 felony counts and nine misdemeanors, including eight for alleged indecent exposure.

Jury selection to begin Wednesday in trial of former Port Huron mayor
The Argus-Press
Owosso, Michigan
Alexa R. Moses
Associated Press
October 05, 1999

Port Huron's former, flamboyant mayor, who initiated programs that once earned him Michigan Public Citizen of the Year, goes to trial this week on allegations of sexual misconduct involving children.

In what was considered a sort of Cinderella story, Gerald "Ajax" Ackerman was hailed as a role model, using the story of his struggle with drug and alcohol abuse to help others overcome their problems.

His popularity earned him the most votes in the November 1997 City Council election, giving him the ceremonial role of mayor.

"When we all became acquainted with him and he ran for office it was an example, we though, of how someone can rehabilitate himself," said Port Huron Police Chief William Corbett. "This guy seemed like a true success story."

Jury selection begins Wednesday in Ackerman's trial on charges involving 11 girls ages eight to 15. He's charges with 17 felony counts and nine misdemeanors, including eight for indecent exposure. Final motions are scheduled to be heard on Tuesday.

Ackerman was arrested in April. He resigned from the mayor's job a day later.

The charges left the conservative city which one embraced the tattoed, motorcycle-riding mayor at a loss.

"If you hypothetically look at this case, here's a guy who struggled back, did well with himself. It's a very unfortunate thing that in the midst of gaining his credibility that this would come forth and destroy his effort," said Port Huron Mayor Steven Miller. "If he turns out to be guilty, then it's a whole different matter. That'll speak for itself."

Said Corbett: "It was extremely disappointing to all of use. I considered him a friend."

He says the allegations have yielded mixed feelings.

"I think there are two camps really. There are those that think it couldn't possibly be true...and there are those that are very upset about it," Corbett said.

Ackerman is out on bond and still visible in the city, something that concerns 39-year-old Carey Little.

"He's quite free and lackadaisical about it," said Little, a cook at the Cavis Grill. "The big issue is the safety of the kids...

"Everybody talks about it," he added. "I think the public thinks he's guilty."

Ackerman's attlorney, Kenneth Lord said his client knows that despite the credo of innocent until proven guilty, many people see it as the opposite.

"He knows he's up against that," Lord said. But he said support for Ackerman is coming back.

"His attitude was fairly upbeat," he said.

St. Clair County Assistant Prosecutor Mona Armstrong said because of the media coverage of the case, it could take longer than usual to select a jury. But she didn't expect it to be impossible to find jurors.

"We are comfortable and confident in the fact that we will find a fair an impartial jury among the people of St. Clair County," Ms. Armstrong said. "Someone who's heard about the case but hasn't formed an opinion can still sit on a jury."

Lord said the prosecution has 61 witnesses and the defense has about 21 so far. He said Ackerman plans to take the stand.

Miller said now, it is up to a jury to consider the allegations against Ackerman, who after a tumultuous early life, pulled himself up, put himself through college and made several community contributions, including work at a mental health center and an HIV/AIDS clinic.

"The stake of his life is with the judge and jury," he said.

Ex-mayor's trial slated on child sex charges
The Blade
Toledo, Ohio
August 04, 1999

Port Huron, Mich. [AP] - Former Mayor Gerald "Ajax" Ackerman's trial on sexual misconduct charges has been scheduled for Oct. 12.

Mr. Ackerman could face life in prison on the charges, which include 17 felony counts. He is charged with nine misdemeanors, including eight for indecent exposure.

The allegations involve 11 girls ages eight to 15.

Thursday, September 30, 1999

09301999 - Mayor Gerald "Ajax" Ackerman - Appeal - Port Huron

Also See:

Port Huron Mayor Gerald "Ajax" Ackerman charged for sexual assaults [April 07, 1999]

http://michiganoidv.blogspot.com/1999/04/mayor-gerald-ajax-ackerman-charged-port.html

Port Huron Mayor Gerald "Ajax" Ackerman sentenced for CSC [June 16, 2000]

http://michiganoidv.blogspot.com/2000/06/mayor-gerald-ajax-ackerman-sentenced.html

Sunday, September 26, 1999

09261999 - Lionel Villarreal - Murder Of Nicole Sanchez - Daughter Of Officer Vince And Belia Sanchez

OFFENDER: LIONEL VILLARREAL

MURDERED NICOLE SANCHEZ [DAUGHTER OF OFFICER VINCE SANCHEZ AND BELIA SANCHEZ]http://michiganoidv.blogspot.com/1999/09/nicole-daughter-of-detective-lashawn.html

ORIGINAL CHARGES: OPEN MURDER; FELONY FIREARM USE.

MDOC NUMBER: 309305
CURRENT STATUS: PRISONER
LOCATION: CHIPPEWA CORRECTIONAL FACILITY
SECURITY LEVEL: II
EARLIEST RELEASE DATE: LIFE
MAXIMUM DISCHARGE DATE: LIFE

SENTENCE 1:
OFFENSE: WEAPONS- FELONY FIREARMS
MCL #: 750.227BA
COURT FILE # : 99018046FC4
COUNTY: SAGINAW
CONVICTION TYPE: JURY
MINIMUM SENTENCE: 2 YEARS 0 MONTHS
MAXIMUM SENTENCE: 2 YEARS 0 MONTHS
DATE OF OFFENSE: 09/26/1999
DATE OF SENTENCE: 06/09/2000

SENTENCE 2:
OFFENSE: HOMICIDE- MURDER, SECOND DEGREE
MCL #: 750.317
COURT FILE # : 99018046FC4
COUNTY: SAGINAW
CONVICTION TYPE: JURY
MINIMUM SENTENCE: LIFE
MAXIMUM SENTENCE: LIFE
DATE OF OFFENSE: 09/26/1999
DATE OF SENTENCE: 06/09/2000

http://www.mi.gov/documents/FIA-DomVioHomicides_9777_7.pdf

Nicole Sanchez -- Age 17 Saginaw, MIPolice found Nicole dying on a bed on September 27th 1999. Police arrested Nicole’s 23-year-old boyfriend Lionel Villareal at the scene. He first told them that Nicole had committed suicide, and then changed his story repeatedly during questioning. Villareal was arraigned on an open charge of murder and felony firearm use.

Nicole was the daughter of a Saginaw Police Officer Vince Sanchez and Belia.

[MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE]

Fatal site familiar to officers
September 29, 1999
THE SAGINAW NEWS
Author: JOEL KURTH and DARRYL Q. TUCKER,

The house where a Saginaw police detective's teen-age daughter suffered a fatal gunshot wound Sunday is familiar to narcotics officers, investigators say.

They also say they found cocaine residue in the home.

Meanwhile, Saginaw County District Judge Kyle Higgs Tarrant arraigned Lionel Villarreal on Tuesday on an open charge of murder and a count of possessing a firearm while committing a felony in the slaying of 17-year-old Nicole Sanchez.

Tarrant denied bail.

Villarreal, 23, of 1407 S. 16th was Sanchez's boyfriend. Police arrested him at 133 N. 12th, where they found the dying daughter of Detective Vince Sanchez on a bed.

Villarreal initially told officers Sanchez committed suicide, then changed his story repeatedly during questioning, police said.

Investigators wouldn't discuss a motive for the shooting, except to say that an argument apparently preceded it.

Lt. Thomas J. McGarrity, Saginaw police spokesman, would disclose almost no information about the case, but other officers provided details.

They spoke only if they could remain unidentified, however, because of a department rule against talking to news organizations.

District Judge Terry L. Clark will preside over a Tuesday, Oct. 12, preliminary hearing to determine whether enough evidence exists for Villarreal to stand trial in Circuit Court.

During his arraignment, court personnel prohibited anyone from entering or leaving the courtroom. They said they took the unusual measure for security reasons but declined to elaborate.

Court records indicate that Villarreal is a single father of one child, although they don't identify the mother.

Records also indicate that he told officials he has worked for the past eight months at Promet Inc., 950 Bridgeview, a Zilwaukee company that prepares engine blocks for automakers.

Chief Assistant Prosecutor Howard B. Gave, who authorized the arrest warrant, declined to give details about the shooting.

Sanchez was enrolled in night classes in a Swan Valley School District adult education program, working toward a diploma, McGarrity said. She also had attended Arthur Hill High School.

Services are at 11 a.m. Thursday at Redeemer Lutheran Church, 3829 Lamson.

Visitation is from 2 p.m. to 9 p.m. today at Deisler Funeral Home, 2233 Hemmeter in Saginaw Township.

Hearing delayed in shooting
Saginaw News
October 14, 1999

A judge has delayed a preliminary hearing for a 23-year-old Saginaw man who faces murder charges in the Sept. 26 shooting death of the teen-age daughter of a Saginaw police detective.

Saginaw County District Judge Terry L. Clark on Monday waived the right for Lionel Villarreal to have the hearing in 14 days because prosecutors have not received all of the paper work they need to proceed.

Villarreal, who lives at 1407 S. 16th, faces an open charge of murder and possessing a firearm while committing a felony in the slaying of 17-year-old Nicole Sanchez. She is the daughter of Saginaw Police Detective Vince Sanchez.

Court officials have not set a new hearing date.

Police arrested Villarreal at 133 N. 12th, where they found Sanchez in a bed suffering from a bullet wound. She died later at Saint Mary's hospital.

Investigators have said they would not discuss the motive until after the hearing.

Stories differ in shooting
December 1, 1999
THE SAGINAW NEWS
DARRYL Q. TUCKER

Lionel Villarreal gave investigators three versions of how his 17-year-old girlfriend - the daughter of a Saginaw police detective - suffered a fatal gunshot wound at an East Side home.

Initially, he said he and Nicole Sanchez, daughter of Vince Sanchez, were arguing and that she then shot herself, Saginaw Police Detective Robert M. Ruth testified Tuesday during Villarreal's preliminary hearing in Saginaw County District Court.

While sitting in a squad car but not under arrest, Villarreal made another admission, Ruth said.

"He said he was trying to make love, and that he shot her," Ruth testified.

Villarreal's third account was that he was playing with the gun and pointed it at Sanchez, and it accidently fired, Ruth said.

The gun fired twice, and one bullet struck Sanchez, but Villarreal said he didn't know what happened to the other projectile, Ruth added.

District Judge Terry L. Clark concluded the hearing by ordering the 23-year-old Villarreal, 1407 S. 16th, to stand trial in Circuit Court on an open charge of murder and possessing a firearm while committing a felony.

The slaying occurred Sept. 26 at 133 N. 12th.

Court officials have not set a trial date. Villarreal, who was in jail without bond, faces up to life in prison.

Villarreal's attorney, Stevens J. Jacobs, acknowledged that Villarreal gave inconsistent statements.

Still, he said, the death, while tragic, was accidental.

Jacobs argued that Clark should reduce the murder charge to manslaughter.

Assistant Prosecutor James F. Piazza countered that Villarreal was mad because Sanchez was going to end the relationship.

"He got upset, had the gun and used the gun," Piazza said.

Villarreal fired one shot to scare Sanchez, he said. She had her feet in the air trying to defend against Villarreal when he fired the second shot at her, Piazza said.

Court records indicate that Villarreal is a father of one child. Documents also note that Villarreal had worked in the eight months preceding the shooting at Promet Inc., a Zilwaukee company that prepares engine blocks for automakers.

Sanchez was enrolled in night classes in a Swan Valley School District adult education program, authorities said. She also had attended Arthur Hill High School.

Andrea Sanchez, 18, testified that her sister had planned to break off her relationship with Villarreal the day before her death because Villarreal was seeing other women.

She said the two began dating in June and that she once saw Villarreal shove her in front of other people. Officer Laura Nelson testified that she arrived at the home and saw Villarreal and another man leave the house and walk to the rear.

Villarreal apparently re-entered the house through a back door because a short time later he was at the front door and asked her to come inside, Nelson said.

Villarreal's eyes were bloodshot and he had blood on part of his pant leg, she said.

Investigators recovered a 9 mm pistol from the back yard of the home.

Gunpowder residue on the teen's clothing and skin was consistent with point-blank range, said State Police Sgt. Ronald D. Crichton.

Detectives recovered two bullets one from a wall in the living room and the other in the basement, Crichton said.

Police also have said they found cocaine at the house.

Witnesses said Villarreal, Sanchez and other people were at the North 12th home watching a prize fight on television and then left to go to a party.

Humberto D. Casas said they returned and went to a McDonald's restaurant about 6 a.m. to get breakfast.

After they came back, Casas said, Sanchez went to sleep on a couch.

Casas, 27, said he went home about a half block away and about three minutes later, his cousin, Eugenio C Casas III, knocked on the door and told him Villarreal had shot Sanchez.

Margarito Casas testified that Villarreal was drinking beer and using cocaine earlier in the day.

Margarito Casas, 26, also said he was drinking but was not intoxicated and that Sanchez did not consume any cocaine. Sanchez and Villarreal were not fighting with each other, he said.

Eugenio Casas, 20, testified that he heard the shots and then left the home because it didn't have a phone and went to a pay phone to call 911.

Story of killing changed
March 24, 2000
THE SAGINAW NEWS
DARRYL Q. TUCKER,

Nicole Sanchez was a 17-year-old who had grown tired of her boyfriend's physical and mental abuse, authorities say.

Before she could end the tumultuous 4-month-old relationship, 23-year-old Lionel Villarreal murdered Sanchez, said Saginaw County Assistant Prosecutor James F. Piazza.

"What he did was the ultimate act of aggression against a woman," Piazza told a nine-man, five-woman jury as Villarreal's trial began.

"He tried to exercise his power and control over his property. He deliberately pointed the gun at her and shot her at point-blank range right between the legs, and she died."

Prosecutors charged Villarreal with an open count of murder and possessing a firearm while committing a felony in the Sept. 26 death.

Villarreal, in jail without bond, faces up to life in prison. He lived at 1407 S. 16th.

Sanchez was the daughter of Vince Sanchez, an eight-year veteran of the Saginaw Police Department.

"There was nothing in Vince Sanchez's experience to prepare him for what occurred Sept. 26, 1999," Piazza said.

Villarreal's attorney, R. Vincent Green of Lansing, called the slaying an accident.

"If he could turn back the clock that morning, he would do it. My client is so sorry for this tragedy."

Villarreal told different stories about the shooting, prosecutors and the defense lawyer agreed.

"He was scared to death," Green said. "He had just shot his girlfriend in the groin. He was upset."

After Villarreal regained his composure, he told the truth, Green said.

Initially, Villarreal told police he and Sanchez argued and that she shot herself, Piazza said.

Villarreal's second account was that he was playing with the gun and that he fired it accidentally while pointing it at Sanchez, Piazza said.

Court records show that Villarreal fathered a child with another woman and had worked at Promet Inc. in Zilwaukee for eight months before the shooting.

Sanchez was enrolled in night adult education classes in the Swan Valley School District, Piazza said. She had attended Arthur Hill High School.

Family members will testify that Sanchez planned to break off her relationship with Villarreal the day before her death because he was seeing other women and assaulted her openly.

Villarreal, Sanchez and others were at a home at 133 N. 12th watching boxing on television, then left for a party.

When they returned, some of the occupants went to a McDonald's restaurant about 6 a.m. to get breakfast. They forgot Sanchez's meal, so she and Villarreal went to get it.

After they came back, Sanchez went to sleep on a couch, Piazza said.

A short time later, one of the occupants, Humberto D. Casas, 27, went to his home about a half-block away.

About three minutes later, his cousin, Eugenio C. Casas III, 20, knocked on the door and told him Villarreal had shot Sanchez, Piazza said.

Sanchez was on the ground, screaming with pain, he said.

Police arrived and saw Villarreal and another man leave the house, Piazza said, adding that Villarreal apparently re-entered the house through a back door.

Police recovered a 9 mm pistol from the back yard of the home and found two bullets, one in a living room wall and the other in the basement, Piazza said.

The trial resumed today.

Jury finds Saginaw man guilty of murder of teen girlfriend
March 31, 2000
THE SAGINAW NEWS
DARRYL Q. TUCKER

A Saginaw man could spend the rest of his life in prison for the Sept. 26 slaying of his girlfriend, daughter of a police detective.

Thursday, a jury convicted Lionel Villarreal of second-degree murder and possessing a firearm while committing a felony in the shooting of Nicole Sanchez, 17, at 133 N. 12th.

She was the daughter of Vince Sanchez, an eight-year Saginaw police veteran.

The Saginaw County Circuit Court jury of five men and seven women deliberated for about eight hours over two days.

Prosecutors charged Villarreal, 23, with an open count of murder. He shot Sanchez between the legs at point-blank range.

Circuit Judge William A. Crane will sentence Villarreal, who lived at 1407 S. 16th, on Wednesday, April 26. Villarreal was in jail without bond.

The victim's father said he would not comment until after the sentencing.

Assistant Prosecutor James F. Piazza said Villarreal was aggressive toward Sanchez during their stormy four-month relationship.

Sanchez, who attended night adult education classes in the Swan Valley School District, was about to break off the relationship, Piazza said.

She grew tired of Villarreal's physical and emotional abuse, he said.

Villarreal, who didn't testify during his five-day trial, maintained that the shooting was an accident, his attorney, R. Vincent Green of Lansing, has said.

After a night of partying, Villarreal and Sanchez went with friends to the North 12th Street home.

Some of the occupants went to get breakfast. They returned without Sanchez's food. She and Villarreal then left to get breakfast.

After they came back. Sanchez went to sleep on a couch.

A short time later, Villarreal shot her, Piazza said.

Police recovered a 9 mm pistol from the back yard.

Villarreal first told authorities that Sanchez shot herself, Piazza said. His second story was that he was playing with the gun and that he fired it accidently.

17-year-old's slayer gets life in prison
June 10, 2000
THE SAGINAW NEWS

A 23-year-old Saginaw man is headed to prison for the Sept. 26 slaying of his girlfriend, who was the daughter of a police detective.

Friday, Lionel Villarreal received a sentence of life in prison from Saginaw County Circuit Judge William A. Crane for second-degree murder and possessing a firearm while committing a felony in the killing of Nicole Sanchez, 17. In March, a jury convicted Villarreal who maintains the shooting was an accident.

Sanchez, was the daughter of Vince Sanchez, an eight-year Saginaw police veteran.

Prosecutors said Villarreal shot Sanchez at 133 N. 12th when she refused to have sex with him. Sanchez was ending their 4-month-old relationship, investigators said.

Investigators said Villarreal gave three versions of what happened: that an intruder shot Sanchez, that she shot herself, and that he was playing with the gun and fired it accidently.

STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

V

LIONEL VILLARREAL

Defendant-Appellant

UNPUBLISHED
June 4, 2002

No. 228527
Saginaw Circuit Court
LC No. 99-018046-FC

Before: Saad, P.J., and Owens and Cooper, JJ.

PER CURIAM.

Defendant was charged with first-degree murder, MCL 750.316, for killing Nicole
Sanchez by shooting her in the pelvis. A jury subsequently convicted him of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a felony, MCL 750.227b. Defendant was sentenced to life imprisonment for the murder conviction and an additional two years’ imprisonment for the felony-firearm conviction. Defendant appeals as of right. We affirm.

I. Expert Testimony
Defendant initially argues that the trial court erroneously permitted Lt. David Menzie to testify as an expert witness in the area of crime scene behavioral analysis. We disagree. “[T]he determination regarding the qualification of an expert and the admissibility of expert testimony is within the trial court’s discretion.” People v Murray, 234 Mich App 46, 52; 593 NW2d 690 (1999). A trial court’s decision concerning expert witness testimony will not be reversed on appeal absent an abuse of discretion. Id. An abuse of discretion exists when an unprejudiced person, considering the facts on which the trial court acted, finds no justification for its decision.
Id.

MRE 702 governs the admission of expert testimony and provides:
If the court determines that recognized scientific, technical, or other
specialized knowledge will assist the trier of fact to understand the evidence or to
determine a fact in issue, a witness qualified as an expert by knowledge, skill,[PAGE-2-]experience, training or education, may testify thereto in the form of an opinion or otherwise.

For testimony to be admissible under MRE 702, it must meet the following criteria: (1) the witness is an expert; (2) the facts in evidence are subject to analysis by a competent expert; and (3) the knowledge in that particular field belongs more to an expert than to the common man.People v Beckley, 161 Mich App 120, 125; 409 NW2d 759 (1987).

Defendant argues that Lt. Menzie was not qualified as a crime scene behavioral analyst because he lacked expertise in behavioral analysis and psychology. However, the trial court is given broad discretion under MRE 702 in determining whether an expert is qualified by “knowledge, skill, experience, training, or education.” People v Moye, 194 Mich App 373, 378; 487 NW2d 777, rev’d on other grounds 441 Mich 864 (1992); see also Mulholland v DEC Int’l Corp, 432 Mich 395, 403-405; 443 NW2d 340 (1989). In this instance, Lt. Menzie had twenty-two years experience as a police officer, had worked on thousands of homicides, sexual assault and domestic violence cases, and was trained in anthropology, sociology, and psychology, and their use in investigating violent crimes. Furthermore, Lt. Menzie was qualified in over twenty other cases as an expert in crime scene behavioral analysis. See People v Lewis, 160 Mich App 20, 28; 408 NW2d 94 (1987). Therefore, we find that the trial court did not abuse its discretion in declaring Lt. Menzie qualified as an expert witness in crime scene behavioral analysis.

Defendant also contends that Lt. Menzie’s testimony concerning defendant’s relationship with the victim, as well as the fact that defendant had lied to and attempted to manipulate the police, was purely speculative and outside his range of expertise. However, Lt. Menzie testified that he took the known facts of similar cases, which included approximately twenty cases of relationships resulting in gunshot wounds to the genital area, and used them to help him explain the unknown in this case. Furthermore, although Lt. Menzie referred to defendant’s statements to the police as inconsistent and manipulative, uncontested evidence in the record indicates that defendant provided the police with at least three conflicting versions of the crime. Expert testimony that the jury may use to assess a defendant’s credibility along with the other evidence presented is admissible. People v Hamilton, 163 Mich App 661, 668-669; 415 NW2d 653 (1987). Consequently, the trial court did not abuse its discretion in admitting Lt. Menzie’s expert testimony.

II. Admission of Evidence
Defendant next asserts that the trial court erred when it concluded that Melissa Mata’s statements to Detective Robert Ruth were inadmissible as hearsay. Specifically, defendant claims that Detective Ruth was improperly prevented from recounting that Mata, who was unavailable to testify at trial, reported hearing defendant say “don’t leave me, baby girl” after the shooting. We disagree. This Court reviews a trial court’s decision to exclude evidence for an abuse of discretion. People v Herndon, 246 Mich App 371, 406; 633 NW2d 376 (2001).

Initially, we find that defendant’s statement itself was not hearsay because it was a command rather than an assertive statement. See People v Jones, 228 Mich App 191, 204-205; 579 NW2d 82 (1998). Nevertheless, Detective Ruth’s account of what Mata told him about the [PAGE-3-] statement would have been hearsay because Mata was the declarant and the statement was being offered to prove that defendant allegedly made a statement of concern. MRE 801(c); People v Bartlett, 231 Mich App 139, 159; 585 NW2d 341 (1998). Hearsay is inadmissible as substantive evidence except as provided by the Michigan Rules of Evidence. MRE 802; People v Tanner, 222 Mich App 626, 629; 564 NW2d 197 (1997). Thus, Detective Ruth’s proposed testimony concerning Mata’s statements would only be admissible if it fell within an exception to the hearsay rule.

Defendant claims that the statement fell under MRE 803(3) because it related to
defendant’s then-existing state of mind. However, Mata is the declarant in this case as Detective Ruth would be testifying about statements that she made to him during a police interview.

Therefore, MRE 803(3) is inapplicable because Mata’s statement was not reflective of her then existing state of mind. Furthermore, defendant’s failure to notify the prosecution before trial that he planned to offer this statement under MRE 804(b)(7), is fatal to its admission under this exception. Because the statement does not fit within any exception to the hearsay rule, we find that the trial court properly excluded the testimony.

III. Prosecutorial Misconduct
Defendant further maintains that the prosecutor’s comments during closing arguments amounted to prosecutorial misconduct. We disagree. Because defendant did not object to these comments at trial, we review them for plain error affecting his substantial rights. People v Carines, 460Mich 750, 763-764; 597 NW2d 130 (1999).

Defendant claims that the prosecutor improperly told jurors that the gun was in
defendant’s car on the night of the shooting. While this fact may not have been in evidence, the prosecutor is permitted to argue all reasonable inferences arising from the evidence as they relate to his theory of the case. People v Bahoda, 448 Mich 261, 282; 531 NW2d 659 (1995).

Furthermore, the circumstances surrounding the location of the gun were not outcome
determinative in light of the defense position that defendant accidentally fired the gun. We also note that whether the statement caused an unfair suggestion of premeditation is irrelevant because defendant was not convicted of premeditated murder.

Defendant also purports that the prosecutor’s assertion that defendant disposed of bullets while standing on the porch lacked factual support. A careful review of the prosecutor’s comments in context reveals that he did not assert this as a fact. People v Schutte, 240 Mich App 713, 721; 613 NW2d 370 (2000). Rather, it appears that the prosecutor was challenging defendant’s claim that he pulled the chamber of the gun while standing on the porch, causing bullets to come “flying out,” although no bullets were found on the porch. See People v Launsburry, 217 Mich App 358, 361; 551NW2d 460 (1996) (prosecutor may argue from the facts in evidence that the defendant is untrustworthy).

Defendant also asserts that there is no record evidence to support the prosecutor’s
statement that defendant told Detective Ruth he had chambered the gun. However, Detective Ruth testified that in a statement at the police station defendant claimed he pulled the chamber on the gun. Given this testimony, we find no evidence of prosecutorial misconduct.
[PAGE-4-]

IV. Offense Variable Scoring
Defendant further challenges the scoring of offense variable six, MCL 777.36 (intent to kill or injure another individual; offense variable seven, MCL 777.37 (aggravated physical abuse); and offense variable ten, MCL 777.40 (exploitation of a vulnerable victim). This Court upholds a sentencing court’s scoring decision if there is any supporting evidence in the record.People v Elliott, 215 Mich App 259, 260; 544 NW2d 748 (1996).

Defendant first argues that offense variable six should have been scored at twenty-five, for unpremeditated intent to kill, rather than fifty. We disagree. A fifty-point score is appropriate where the killing was committed during an attempted act of first or third-degree criminal sexual conduct (CSC). The sentencing judge cited forensic evidence indicating that the victim’s body was in a defensive kicking posture at the time of the shooting, and the fact that the victim told relatives she had planned to break off her relationship with defendant and not have sex with him again. Based on this evidence, we uphold the scoring of offense variable six.

Next, defendant challenges the fifty-point scoring of offense variable seven on the
grounds that the mere use of a gun is insufficient to warrant terrorism. Terrorism is defined as “conduct designed to substantially increase the fear and anxiety a victim suffers during the offense.” MCL 777.37(2)(a). In light of evidence indicating that the victim was in a defensive position when defendant placed the gun directly on her vagina and pulled the trigger, we find support for this score.

Defendant also claims that the five-point scoring of offense variable ten was unwarranted because there was no evidence that he exploited the victim’s vulnerability during the murder.

We disagree. According to MCL 777.40(1)(c), five points is appropriate if “[t]he offender exploited a victim by his or her difference in size or strength, or both, or exploited a victim who was intoxicated, under the influence of drugs, asleep, or unconscious.” The evidence supports a five-point score because the victim was sleeping shortly before she was shot, and because defendant, at 5’9” and 180 pounds, was much larger than the 5’1”, 120 pound victim. MCL 777.40(1)(c). Therefore, scoring of this variable was not erroneous.

Affirmed.
/s/ Henry William Saad
/s/ Donald S. Owens
/s/ Jessica R. Cooper