Stuart Dunnings III

Ingham County Prosecuting Attorney

1999 Annual Report

INDEX

YEAR IN REVIEW 2

ADMINISTRATION 5

BUDGET 6

CRIMINAL UNITS

District Court Unit 7

Circuit Court Unit 10

Vertical Prosecution Unit 13

APPELLATE UNIT 14

FAMILY COURT/JUVENILE UNIT 17

FAMILY SUPPORT UNIT 24

DIVERSION PROGRAM 26

VICTIM/WITNESS PROGRAM 29

DOMESTIC VIOLENCE PREVENTION PROGRAM 31

1999 DEPARTMENTAL STAFF 33

1999 ORGANIZATIONAL CHART 37

LETTER TO THE CITIZENS OF INGHAM COUNTY

 

Dear Citizens:

I am pleased to present what is the last annual report of the 20th century. This 1999 Annual Report is on the performance and accomplishments of the Ingham County Prosecuting Attorney=s Office.

There were significant legislative changes for repeat offenders on drunk driving charges which affected all citizens of the State of Michigan. Vehicle forfeiture is being used on an increasing basis for those convicted of drunk driving.

On November 29, 1999, we switched over to a new computer software system -- CourtView 2000. This integrated system works with 55th District Court, Family Court, Ingham County Sheriffs Department, and Circuit Court. While there are still many problems in implementing this new system, we are optimistic that eventually we will be able to use CourtView 2000 to its full advantage. Throughout this process, I was very appreciative of the efforts made by the office=s staff to understand and use this program.

When I took office on January 1, 1997, I made several promises to the citizens of Ingham County. I promised to efficiently use the office=s resources; to target major crimes; and to educate the public. I am proud to report to you on the work that I=ve done to meet these promises.

I have implemented a number of programs to insure the best use of the office=s resources. Let me give you one example. One of the duties of the Prosecutor is to enforce crimes relating to welfare fraud. Since the State of Michigan is the victim of this crime, they pay a standard fee for each case to the county=s prosecutors. In mid-1997 I assigned a new Assistant Prosecuting Attorney to perform this work. Her efforts have been astounding. Since I took office, the State of Michigan has paid Ingham County $162,255 through March 31, 2000. In comparison, the prior administration garnered only $87,221 for the previous four years. These monies go to the County=s general fund that provides for the Prosecutor=s budget. By generating revenues, we are efficiently using the office=s resources to the best of our ability.

The Ingham County Prosecutor=s Office targets major drug traffickers through its Forfeiture Unit, as well as through a multi-agency partnership with the Tri-County Metro Narcotics Squad and its partner agencies.

The 1999-2000 budget year saw a large increase in drug forfeiture funds, due to the arrests and seizures associated with a number of large-scale drug traffickers. In particular, the arrest and conviction of cocaine trafficker Lester Taylor resulted in approximately $100,000 in drug proceeds forfeited to law enforcement agencies. The Tri-County agreement is unique in that drug dealers pay indirectly for the cost of their own arrest and prosecution. In Mr. Taylor=s case, conviction for delivery of 50-225 grams of cocaine resulted in the seizure of a house on Rockingham Drive in Lansing, a 1989 Corvette and $4,075 in cash. Mr. Taylor was unable to show a legal source of income requisite to support his expenditures, and so as a result the drug assets were forfeited to the taxpayers of Ingham, Eaton and Clinton Counties.

The total amount of forfeiture dollars rose from $167,208.82 during 1998-99 to $924,824.58 in 199-2000 - an increase of $757,615.76, or 453 percent.

 

 

 

 

1998-99

1999-2000

Incidents

205

167

Counts - drug charges

323

348

Counts - other charges

86

56

Search warrants

27

48

Seizures (drugs and weight)

 

 

 

 

Marijuana - pounds

545

1,225

Cocaine - grams

9107

11,493

Methamphetamine - grams

137

3

Heroin - grams

9

12

Pscilocybin mushrooms - lbs.

7

1

Firearms

17

23

Vehicles

19

23

Currency

$274,356.20

$95,768.69

Forfeitures:

 

 

 

 

Firearms

0

35

Vehicles

11

14

Currency

$167,208.82

$924,824.58

 

 

Finally, I have continued to work with local schools in an effort to reduce chronic truancy among students. The Lansing School District reported in 1999 that the regular attendance rate in Lansing=s elementary schools (defined as the percentage of students with ten or fewer absences per year) rose from 69% to 86%. Superintendent Richard Halik stated that AThis is the first time we have had a prosecutor come to us and offer to help.@

 

While the Prosecutor=s office and schools emphasize cooperation with students and parents as the first recourse in improving attendance, 1999 was also the first year that misdemeanor warrants were issued against the parents of elementary school students who failed to ensure their child=s attendance in school. In one such case, the student had missed 104 1/2 days out of 180. In cases where older students skipped classes at the middle and high school levels, interventions are focused on the individual student rather than the household.

 

The cooperation of local police agencies and school safety officers is critical to improved attendance and a falling juvenile crime rate. Lansing Police reported a corresponding drop in youth crime within daylight hours during a period corresponding with increased anti-truancy efforts. Lansing Police Captain Mark Alley reported in March 1999 that juvenile crime had dropped 27 percent during days in the first two years of increased anti-truancy efforts.

 

Juvenile arrests between 7 a.m. and 5 p.m.

1995-96

368

1996-97

383

1997-98

341

1998-99

250

 

 

Source: Lansing State Journal, March 9, 1999

 

 

After reviewing this report should you have any questions, please feel free to contact me at (517) 483-6108.

 

 

 

 

Stuart J. Dunnings III

ADMINISTRATION

 

The Administrative Division is composed of the Prosecutor, Chief Assistant, Administrator, Administrative Assistant, Executive Secretary, and Community Outreach Coordinator. The administrative division provides supervision of the legal, professional and support staff. Administrative functions include: planning, personnel supervision, fiscal management and the development and implementation of departmental policies and procedures.

 

To facilitate the training of the legal staff, the second annual day long retreat was held for all Assistant Prosecuting Attorneys in June 1999. At this retreat, speakers discussed new changes in the laws and provided the Assistant Prosecutors with an opportunity for feedback on the practical aspects of the changes.

 

Several opportunities were given to the Assistant Prosecutors to assist them in successfully trying cases. In late 1998, the Board of Commissioners approved the purchase of two sets of computerized video equipment to be used in the presentation of cases to juries. This equipment, that was delivered in early 1999, includes a television monitor, a telestrator, a laptop computer, a VCR and a projector. This projector allows an attorney to show photographs and any type of physical evidence to all of the jury at one time. We believe that this equipment greatly improved the presentation of physical evidence to a jury. In various cases, Assistant Prosecuting Attorneys have used this equipment to present DNA analysis results, to show videos from a crime scene, and to show the similarities between the crime scene video and known photographs of an accused.

 

 

1999 BUDGET

 

 

 

 

 

 

BUDGET

ACTUAL

Personnel

$4,034,954

$3,277,333.40

Supplies

$107,790

$101,051.19

Professional Services

$140,485

$114,012.67

Transportation

$51,902

$50,818.16

Other

$336,416

$304,509.28

Library

$34,784

$34,483.57

Capital Outlay

$35,384

$34,483.57

 

 

 

 

 

 

TOTAL

$4,741,715

$3,916,691.40

DISTRICT COURT UNIT

 

 

Eight assistant prosecuting attorneys are assigned to the District Court Unit of the Ingham County Prosecutor=s Office. The District Court Unit handles cases assigned to the five judges of the 54-A District Court in Lansing, two judges of the 54-B District Court in East Lansing, and two judges of the 55th District Court in Mason. The Unit handles traffic offenses, misdemeanor crimes and felony crimes at the preliminary examination level.

 

One attorney assigned to the Unit is designated as the Unit Chief. This is a reduction from the two Unit Chiefs previously assigned to the Unit. The reduction occurred because of shifting staffing requirements in the office. The Unit Chief handles a caseload, performs office administrative duties and supervises the other attorneys in the Unit.

 

In addition to their caseload, the District Court attorneys are assigned daily on a rotating basis to review criminal complaints. The attorney will meet with a police detective or with a citizen to review a criminal complaint and make a decision as to what criminal charge is appropriate according to the law and the facts of the case. Screening is one of the most important functions of a prosecutor=s office; it requires an up-to-date knowledge of the criminal law and the analytical ability to apply the law to the particular facts of each case. Successful prosecution will not come about without an accurate and thorough screening process.

 

Some changes were made in the District Court Unit during 1999 to better address the issue of domestic violence. A new policy was instituted in which the victims of domestic violence were contacted immediately after the crime occurred and were asked to come to the Prosecutor=s Office to meet with the attorney who would screen the case. This immediate contact with the victim allows us to better address the needs of the victim, to offer support and resources to victims of domestic violence and to assess the strength of the case in the event it must proceed without the victim=s cooperation in court.

 

Proceeding in court without the victim=s cooperation is necessary in some types of domestic cases, but also carries with it a high degree of risk. Some cases that are deemed suitable for victimless prosecution are resolved without the necessity of a trial. However, in 1999, the District Court Unit selected a domestic violence case suitable for victimless prosecution and proceeded to jury trial with it. The successful prosecution in that case serves as a benchmark for victimless prosecution in the future.

 

DISTRICT COURT REPORT

COURT ACTION TOTALS

JANUARY 1, 1999 TO DECEMBER 31, 1999

 

 

 

 

ACTION

1999

1998

1997

Pretrial - Pled guilty charge

1485

1338

1020

Pretrial - Pled guilty lesser

1448

1389

1252

Pretrial - Bench warrant

487

N/A

N/A

Pretrial - Dismissed

803

789

706

Pretrial - Set for Trial

1028

1639

1253

Pretrial - Adjourned

684

686

650

TOTAL PRETRIALS

5935

5841

4881

Non-Jury Trial - Found Guilty

39

49

26

Non-Jury Trial - Found Not Guilty

8

17

32

Non-Jury Trial - Bench warrant

52

N/A

N/A

Non-Jury Trial - Dismissed

135

219

162

Non-Jury Trial resulting in plea to chg

121

121

71

Non-Jury Trial resulting in plea to lesser charge

58

78

66

Non-Jury Trials adjourned

57

66

66

TOTAL NON-JURY TRIALS

470

550

423

Preliminary Examination - Bound Over on charge

171

188

214

Preliminary Examination - Bound Over on Lesser

7

16

16

 

Preliminary Examination - Bound Over on Higher

7

16

10

 

ACTION

1999

1998

1997

Preliminary Examination - Waived

744

913

738

Preliminary Examination - Pled to Misdemeanor

490

501

406

Preliminary Examination - Bench warrant

75

N/A

N/A

Preliminary Examination - Dismissed

206

193

188

Preliminary Examination - Dismissed/Reissued

33

24

19

Preliminary Examination - Adjourned

616

616

616

TOTAL PRELIMINARY EXAMINATION

2349

2467

2207

Formal Hearing - Found Responsible

118

52

54

Formal Hearing - Found Not Responsible

8

N/A

N/A

Formal Hearing - Adjourned

23

15

19

Formal Hearing - Dismissed

17

10

22

TOTAL FORMAL HEARING

166

77

95

Jury Trial - Guilty

17

13

21

Jury Trial - Not Guilty

13

8

6

Jury Trial - Bench warrant

151

N/A

N/A

Jury Trial - Dismissed

401

472

266

Jury Trial - Pled Guilty Charge

289

380

255

Jury Trial - Pled Guilty Lesser

258

258

243

Jury Trial - Adjourned

186

295

200

JURY TRIAL TOTAL

1315

1426

997

Motion - No Testimony

26

17

48

Motion - Testimony

58

71

31

Motion - Miscellaneous

21

N/A

N/A

MOTION TOTAL

105

88

79

 

 

 

CIRCUIT COURT UNIT

 

 

 

The Ingham County Prosecutor=s Office is responsible for the prosecution of all felony and high court misdemeanor cases in the 30th Judicial Circuit for Ingham County. These are the most serious crimes, carrying prison penalties from two years to non-parolable life offenses. This responsibility is handled by the seven-person Circuit Court Unit.

 

By necessity this Unit is comprised of experienced attorneys who have shown the aptitude and proficiency to try these more difficult cases. While ordinarily there are seven attorneys trying felony cases, in 1999 recent retirements reduced the number of attorneys to six. The average courtroom experience level is well over 10 years.

 

At the circuit court level, the attorneys deal with all aspects of the criminal case once it has been bound-over to the circuit court. Duties include: review of police and other agency reports, review of evidence and scientific analyses performed on the evidence, document preparation and reviews, meeting with and interviewing victims and witnesses in preparation for trial, and legal research and brief-writing with regard to issues raised by the defense or inherent in the case. The Circuit Court Unit attorneys also engage in pretrial negotiations and litigate pretrial motions. They attend and handle all arraignments, pretrial hearings, pretrial motions, plea hearings, trials, sentence hearings, and many post-trial motions. In addition to representing the state in these criminal matters, the attorneys represent the Department of Corrections in probation violation hearings and the Secretary of State in driver=s license appeals.

 

As a result of the (unfunded) restructuring of the Michigan court system by the legislature, the criminal case load for the Ingham County Circuit Judges handling felony cases has increased dramatically. Consequently, those Circuit Unit attorneys assigned to specific judges are now required to prepare for a trial docket of five straight weeks versus the three week dockets previously required. The two unit chiefs Afloat@ between courtrooms to try cases and attempt to provide a Abreak@ for the docket attorneys in the middle of their dockets.

 

In 1999, there were 1,361 new felony cases heard in the circuit courts (not including probation violations, driver=s license cases and district court appeals). More that 86% (1,180) were resolved. Of that group, by far the largest portion (613 cases) were guilty pleas to the highest charge issued; another 256 defendants pleaded guilty to reduced felony charges. Thus, almost three-quarters (74%) of the cases issued by the prosecutor and sent on to circuit court resulted in guilty pleas to charges for which the defendant was subject to a possible prison sentence. About 5% of the cases resulted in pleas to misdemeanors or remand to district court where a misdemeanor plea was entered. Less than 12% of the cases were dismissed: many of them for guilty pleas in other cases, many in exchange for cooperation in other on-going criminal cases.

 

The circuit court unit tried 73 cases in 1999. Of that number, there were 4 hung juries. Of the 69 cases resolved by a trial during the year, 57 were guilty verdicts. That is a conviction rate for trials of over 82%, a figure higher than any prosecutor=s office of comparable size in the state.

 

Between guilty pleas to felonies and jury verdicts of guilty in felony trials, 926 defendants were convicted of their felonious behaviors. The resulting removal of those felons who are a danger to the community will mean safer streets and neighborhoods for Ingham County. The Ingham County Prosecutor=s Office is a fundamental Aenvironmental protection@ agency.

 

 

 

 

 

 

 

 

 

 

1997 THROUGH 1999

CIRCUIT COURT TRIALS

 

 

 

 

TRIALS

JURY

NON-JURY

GUILTY

NOT GUILTY

HUNG

1997

96

91

5

56

21

11

1998

71

69

10

49

14

7

1999

73

68

5

57

12

4

 

VERTICAL PROSECUTION UNIT

MAJOR CRIMES UNIT

 

The Major Crime Unit was instituted within the Prosecutor=s Office during 1998. It was intended that the Unit be a Aclearing house@ and coordinator for prosecutions involving drug crimes, gang-related criminal activity and other cases assigned for special handling.

 

The attorneys assigned cases from this Unit were to handle those cases from start to finish, i.e., by authorizing charges, conducting pre-trials, preliminary examinations, discovery, through disposition by way of trial or plea negotiations. This constant attention to the prosecution of these cases results in the title of Avertical@ prosecution. The method ensures consistency in the case, and fosters better communication between the police agencies, crime victims, and the assistant prosecutors.

 

During this past year, assistants given Avertical@ assignments have demonstrated the desired effectiveness in several areas. First, assistants tasked to investigations were able to lend valuable aid to police agencies, resulting in successful prosecutions. The homicide prosecutions for the murders of Denise McCall and Wanda Mason, the East Lansing Riot Cases, and several large fraud cases are just examples. Additionally, assistants directed to the prosecution of gang-related criminal activity were both busy and successful. These specialists convicted eleven individuals belonging to two street gangs for crimes relating to auto theft and conspiracy. The auto theft rings were put out of business. The gang specialists have also been aggressive in the prosecution of violent crime attributed to gang members. Cases now pending include murder, aggravated assaults, criminal sexual conduct, and controlled substance violations.

 

Also within this Unit are two Assistant Prosecuting Attorneys assigned solely to handle the prosecution of controlled substance violations committed by major drug dealers. These assistants are assigned to proceed with the seizure of the drug dealer=s assets by way of civil forfeiture. During this year, these assistants participated in the state and federal seizure of nearly $800,000, including eight automobiles.

APPELLATE UNIT

 

 

 

The Appeals Unit is staffed by two attorneys and a clerical/legal assistant. In addition, law student externs occasionally assist the attorneys with research and brief writing. The Unit=s duties include:

 

1. Respond to motions and briefs filed on behalf of convicts.

2. File appeals in certain cases in which a trial judge makes a ruling adverse to the prosecution.

3. Conduct legal research projects at the request of the Chief Assistant or the Prosecuting Attorney.

4. Provide legal advice to trial court APAs and law enforcement agencies.

5. Review new state and federal appellate decisions and distribute training bulletins to the APAs and law enforcement agencies.

6. Review Parole Board decisions to release inmates from prison.

7. Coordinate the law student internship and externship programs. This includes recruiting, interviewing, selecting, training, supervising, and evaluating the students.

During 1999, 84 new files were opened. The Unit filed nine fewer appellate briefs than during 1998, but handled 11 more hearings. These developments occurred because a larger percentage of the Unit=s workload consists of post-conviction motions, which are litigated in the trial courts rather than the appellate courts. These include motions to withdraw guilty plea, for new trial, for re-sentencing, and for relief from judgement. Some of these motions necessitate evidentiary hearings which become Amini trials@. As a result, the Appeals Unit attorneys are spending more time in court than in previous years. We expect this trend to continue.

 

At least two additional factors explain the reduction in the number of briefs and answers filed during 1999. First, the Unit Chief handled a very complicated and time-consuming case which pertained to this office=s attempt to subpoena photographs and film footage of the March riots on the Michigan State University campus. This case made two Atrips@ through the appellate courts. Second, three different APAs served as Unit Chief during 1999. This turnover affected productivity.

 

The Appeals Unit Awon@ 99% of its cases in 1999. This suggests that the Criminal Division APAs are ensuring that defendants receive fair trials. Another contributing factor is that the Court of Appeals and Supreme Court are more pro-prosecution than in the past. Appellate courts are more willing to employ a Aharmless error@ analysis under which a conviction will not be set aside unless a trial court error clearly affected the verdict or sentence.

 

At the end of 1999, the Unit faced a backlog of 15 cases in which an answer or reply brief was overdue. An APA from the Criminal Division volunteered to write a brief in one of these cases.

 

The Appeals Unit will face additional challenges next year because it will take on three new duties:

 

1. Respond to Freedom of Information Act requests.

2. Review requests for, and issue, investigative subpoenas. This duty will be shared with the Major Case and District Court Units.

3. Help the Prosecuting Attorney and District Court Unit Chief write a new policy and procedures manual. The current manual is over 20 years old.

The Appeals Unit has set four ambitious goals for 2000:

 

1. Reduce the overdue case backlog.

2. Develop a system of Ascreening@ incoming briefs to assess the importance of the case. This will help the Unit prioritize cases, and ensure that timely responses are filed in important and high-profile cases.

3. Develop an orientation manual for new APAs and law student interns/externs.

4. Develop a procedure to review parole board decisions.

 

APPELLATE DIVISION

 

ANNUAL TOTALS COMPARISON SHEET

 

YEARS 1999, 1998, and 1997

 

 

 

 

 

 

 

1999

1998

1997

Total New Files Opened

84

98

85

Total Hearings & Arguments

45

34

35

Total Briefs Filed

23

32

75

Total Motions & Answers

9

14

17

Total Appeals Decided

114

119

158

Percent of Appeals Won

99%

96%

99%

 

 

 

 

 

 

 

FAMILY COURT UNIT

 

 

 

 

The Family Division of Circuit Court began January, 1999, functioning for the first time as new unit of the 30th Circuit Court. Throughout the year, issues such as scheduling, new courtrooms at the Washington Street Annex, the appointment of Judge Owens to the Michigan Court of Appeals and subsequent transfer his cases to Judge Economy and the use of visiting judges to handle the caseload until the Governor filled the empty judgeship, made life interesting for everyone in the division. Problems have been addressed in the spirit of good, open communication and cooperation between this office and court staff.

 

Attorneys in the division handle:

(1) juvenile delinquency matters, including authorizing criminal charges

and cases of youthful offenders subject to possible adult sentencing;

(2) child protective proceedings (neglect and abuse), including termination

of parental rights cases and all appeals of such cases;

(3) PPO contempt hearings; and

(4) mental health involuntary commitment proceedings both here at St. Lawrence Hospital and on a rotating schedule with other counties at the Kalamazoo Regional Psychiatric Facility, as well as appeals of commitment cases.

This past year was the unit=s first full year using assistant prosecutors assigned to a specific judge, rather than assigned on a case by case basis. Evaluation at the end of year demonstrated the efficacy of such an assignment system. Caseworkers from both the Family Independence Agency and court staff now know who will be handling their cases more than 2 to 3 weeks in advance of a court scheduled proceeding. Assistant prosecutors can assist casework staff more easily as well as develop a better working knowledge of the cases on their casework load. This change in scheduling has also brought about better communication with crime victims and witnesses.

 

Of key significance is the overall effect of one judge hearing all the issues involved with a family: the central concept behind the legislation which created the new family court. Attorney staff see not only a neglect and abuse case, but might also handle the delinquency case of one of the children, as well as a PPO hearing involving domestic violence between the parents. The overall effect of the change is that, at last, the issues for each family are not dealt with in isolation, but with staff who have knowledge about all the issues and who remain a constant in all aspects of the proceedings. This has meant that we have been able to a better job protecting children in Ingham County.

Initiatives such as the continued joint truancy project with the Lansing School District have resulted in getting elementary school children back in school early in the school year. Other school districts have begun to bring educational neglect protective proceedings for elementary and middle school children. A task force is planning a ATeen Court@ to reach at risk youthful offenders. Cooperative sharing of gang activity information and coordination of efforts between the juvenile and adult divisions has resulted in a number of successful gang prosecutions, including the break-up of an auto theft ring.

 

The use of CASA volunteers and a new court-initiated mediation program in neglect cases has helped in a number of problem cases. The prosecutor=s office has been a leader in better coordination between law enforcement, FIA caseworkers and APA staff in investigation of child abuse, including sexual abuse. This cooperation includes a newly formed child death review team which meets to review the death of any child in Ingham County.

 

Starting in October, this office, in conjunction with the Ingham Intermediate School District and all the public and private school districts in the county began meeting and working on local agreements mandated by the newly-enacted school safety legislation. All districts received the state mandated ASchool Safety Response Guide@, prepared by the Attorney General, the State Superintendent of Public Instruction and the Director of the Department of Michigan State Police. In addition to the state guidelines, local counties are required to address communication and reporting issues involving each school district, each law enforcement agency within the county, the Family Division of Circuit Court and the prosecuting attorney=s office.

 

Local agreements provide for reporting of certain offenses, the designation of staff personnel to be contacted, follow-up information from this office and the court about pupils who have been adjudicated guilty and the flow of information in emergency situations. The group intends to continue meeting to adopt county-wide guidelines to supplement the agreement and improve school safety.

 

Lastly, attorneys in this division serve on numerous committees in the community, for example, the M-Team, a county-wide group of medical personnel, court staff, service agencies and adult protective workers who meet to address issues for the elderly, the Youth Violence Coalition, the Friend of Court Citizens Advisory Committee, the Capital Area Family Violence Coordinating Council just to name a few. Staff remains committed to attending and assisting in training and cross-training efforts with court staff, FIA and service provider staff, law enforcement, and our local bar association.

 

 

 

FAMILY DIVISION -- COURT REPORT

1999

 

 

NEGLECT

Action

Total

 

 

Pretrial - Adjourned

50

 

 

Pretrial - Dismissed

27

 

 

Pretrial - Pleas

104

 

 

Pretrial - Set for Trial

152

 

 

TOTAL PRETRIALS

333

 

 

 

 

 

 

 

 

Motion - No Testimony

22

 

 

Motion - Testimony

8

 

 

TOTAL MOTIONS

30

 

 

 

 

 

 

 

 

Dispositions - Contested

37

 

 

Dispositions - Not Contested

199

 

 

TOTAL DiSPOSiTIONS

236

 

 

 

 

 

 

 

 

Preliminary Hearings

4

 

 

TOTAL PRELIMINARY HEARINGS

4

 

 

 

 

 

 

 

 

Jury Trial - Adjourned

19

 

 

Jury Trial - Dismissed

6

 

 

Jury Trial - Jursidiction

5

 

 

Jury Trial - Pleas

18

 

 

TOTAL JURY TRIALS

48

 

 

 

 

 

 

 

 

Non-Jury - Adjourned

13

 

 

Non-Jury - Dismissed

8

 

 

Non-Jury - Jurisdiction

16

 

 

Non-Jury - No Jurisdiction

1

 

 

Non-Jury - Pleas

30

 

 

TOTAL NON-JURY

68

 

 

 

 

 

 

 

 

Post-Disposition - Contested

7

 

 

Post-Disposition - Not Contested

71

 

 

TOTAL POST-DISPOSITION

78

 

 

 

 

 

 

 

 

PERMANENT WARDSHIP HEARING

 

 

 

 

PW - Adjourned

16

 

 

PW - Petition Dismissed

4

 

 

PW - Rights Relinquished

31

 

 

PW - Rights Terminated

63

 

 

TOTAL PERMANENT WARDSHIP

114

 

 

DELINQUENCY

ACTION

TOTAL

 

 

Pretrial - Adjourned

69

 

 

Pretrial - Dismissed

35

 

 

Pretrial - Pleas

157

 

 

Pretrial - Trial

60

 

 

PRETRIAL TOTAL

321

 

 

 

 

 

 

 

 

Motion - No Testimony

4

 

 

Motion - Testimony

2

 

 

MOTION TOTAL

6

 

 

 

 

 

 

 

 

Disposition - Contested

15

 

 

Disposition - Not Contested

165

 

 

DISPOSITION TOTAL

180

 

 

 

 

 

 

 

 

Jury Trial - Adjourned

11

 

 

Jury Trial - Dismissal

14

 

 

Jury Trial - Guilty

3

 

 

Jury Trial - Not Guilty

1

 

 

Jury Trial - Pleas

36

 

 

JURY TRIAL TOTAL

65

 

 

 

 

 

 

 

 

Non-Jury - Adjourned

5

 

 

Non-Jury - Dismissal

5

 

 

Non-Jury - Guilty

1

 

 

Non-Jury - Not Guilty

1

 

 

Non-Jury - Pleas

24

 

 

NON-JURY TOTAL

36

 

 

 

 

 

 

 

 

Adult Designation - Denied

8

 

 

AD - Granted

25

 

 

AD - Preliminary Exam/Bound Over

7

 

 

AD - Preliminary Exam/Dismissed

1

 

 

AD - Sentencing

12

 

 

ADULT DESIGNATION TOTAL

53

 

 

 

 

 

 

 

 

Post-Disposition - Contested

3

 

 

PD - Not Contested

52

 

 

POST DISPOSITION TOTAL

55

 

 

 

 

 

 

 

 

Waiver Hearing - Ph.I Bnd.

5

 

 

WH - Ph.II Deny

1

 

 

WH - Ph. II Grant

2

 

 

WAIVER HEARING TOTAL

8

 

 

 

 

 

 

 

 

Probation Violation -Adjourned

4

 

 

PV - Pleas

6

 

 

PV - Proven

2

 

 

PROBATION VIOLATION TOTAL

12

 

 

 

 

 

 

MENTAL HEARINGS

ACTION

TOTAL

 

 

Commitment Hearing - Adjourned

6

 

 

CH - Deferred

206

 

 

CH - Dismissal

12

 

 

CH - No Pretrial

7

 

 

CH - Pretrial

151

 

 

COMMITMENT HEARING TOTAL

382

 

 

 

 

 

 

 

 

Motion Hearing/Other

7

 

 

MOTION TOTAL

7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GRAND TOTAL - NEGLECT, DELINQUENCY, MENTALS

 

 

2,036

 

 

 

FAMILY SUPPORT UNIT

 

 

The Family Support Unit within the Prosecutor=s office is directed by statute to handle all litigation on any referrals from the Michigan Family Independence agency dealing with cases which fall under the Paternity Act; the Family Support Act and the Uniform Interstate Family Support Act (UIFSA). The purpose in filing these cases is to establish paternity and or child support in each case and to direct reimbursement back to the State of Michigan when appropriate so that the financial burden of supporting the child does not continue to fall directly onto the taxpayers.

 

The Family Support Unit handles over a thousand cases annually. The overall number of cases has remained fairly consistent from year to year. There was a noticeable drop in the number of UIFSA cases initiated between 1997 and 1998 as well an increase in paternity and support cases which is primarily attributable to a change in the UIFSA statute which allowed us to take advantage of more legal grounds for establishing long arm jurisdiction. It is preferable to file using long arm jurisdiction and thereby maintain control over the case rather than filing an interstate action which can take years to settle.

 

When the conversion to the full Family Court took affect on January 1, 1999 it reduced the number of Judges hearing these cases from seven to four. This change was accommodated in the Family Support Unit by setting cases every week for the four Family Court Judges instead of every other week which had been the prior schedule for the seven Circuit Judges who heard paternity and child support cases. By making that adjustment the dockets were not overloaded on any given motion day and the increased hearing dates allowed the same number of custodial parents to have their cases processed in an efficient manner even though there were three less judges hearing them.

 

In addition to the establishment of paternity and child support orders, a new obligation fell to this unit pursuant to a change in the UIFSA statute dealing with the Registration of Foreign Judgments. Responsibility for the registration of foreign judgments still rests with the Friend of the Court; however, under the new UIFSA statute, if the defendant objects to the registration within 28 days, the case is automatically sent to the Prosecutor to handle the subsequent litigation on the objections. Our office works closely with the Friend of the Court on these cases because their files contain the factual background and pleadings from other states needed to surmount many of the legal arguments raised by the Respondent.

 

 

 

 

 

 

 

 

 

 

 

 

 

FAMILY SUPPORT UNIT

SUPPORT ORDERS ESTABLISHED

 

 

 

 

PATERNITY SUPPORT UIFSA UIFSA TOTALS

INITIATING RESPONDING

 

 

1997 430 802 73 39 1344

 

1998 529 919 21 30 1499

 

1999 404 983 36 49 1472

 

 

 

 

 

 

DIVERSION PROGRAM

 

 

 

The Ingham County Prosecutor=s Office started the Diversion Program in 1975 and has served the community as a deferred prosecution program for first-time, non-violent offenders. Diversion is a voluntary program which channels first-time offenders into programs such as community service, drug and alcohol treatment, high school completion or individual counseling.

 

The terms of each individual program are based on a contract between the probationer and the Prosecutor=s Diversion program. The client must meet all terms of the contract agreement, which include; not violating any criminal laws, paying restitution if necessary, maintaining an active employment or educational status, attending all scheduled casework appointments, and performing assigned community service.

 

Offenders who successfully complete the program are not formally charged with the offense, and receive no criminal record for their original offense

 

Diversion participants provide community service at such agencies as Impression 5, Alfa Adult Day Care, East Lansing After-School Tutoring, Volunteers of America, etc. Many clients report to us that the most meaningful and rewarding part of their Diversion experience is community service.

 

The Diversion Program collected almost $80,000 in Service Fees and just over $6,000 in application fees. Victims of crimes were reimbursed $37,000 through the collection of restitution.

 

As a result of an 85% satisfactory completion rate, the benefits to Ingham County residents are clearly shown. Prosecutions, court appointed counsel and probation costs are reduced or non-existent when an individual participates and successfully completes the program.

 

There were two events this year that affected this program. One was the introduction of CourtView 2000 in November. As a result of this new computer program, difficulties occurred entering new cases into the system. Approximately 70 new cases, eligible for Diversion and received by the Prosecutor=s Office in November and December, were not recorded until January 2000. Therefore, these cases were not reported as part of our case referrals for this year.

 

The second situation affected the amount of service fee collected this year. Effective January 1, 1999, several state statutes were changed. This resulted in dollar amounts designated for specific charge categories to be increased. Thus, many divertible charges which had previously been assessed as felonies are now designated as misdemeanors. The service fee for the Diversion program is based on whether the

offender is referred on a felony or misdemeanor charge ($400 for a felony, $200 for a misdemeanor). This year more than half of the referred offenses were misdemeanors. This resulted in a reduced amount of service fee received by this program.

 

 

DIVERSION PROGRAM

 

 

 

 

 

 

1997

1998

1999

CASES REFERRED

785

652

599

CASES ACCEPTED

416

350

328

SATISFACTORY COMPLETIONS

274

270

279

REVOCATIONS

50

36

47

TOTAL TERMINATIONS

324

306

326

% OF SATISFACTORY COMPLETIONS

85

88

85

SERVICE FEE

$73,655

$87,174

$79,233

APPLICATION FEE

$5,940

$7,415

$6,084

 

 

 

 

VICTIM/WITNESS UNIT

 

 

 

The Ingham County Prosecutor=s Office began it=s Victim/Witness Unit in 1978. Since then the program has grown to include a supervisor and five full time positions devoted

to assisting the victims of Ingham County. In 1985 the Michigan Crime Victims Rights Act was enacted for all felony cases. In 1988 the Act included misdemeanors as well. In 1994 our unit expanded again to include victims of juvenile crimes.

 

The Victim/Witness Unit focuses not only on assisting the victim or witness through out his or her movement in the criminal justice system, but on improving procedures and providing services at key points in order to ensure witness cooperation.

 

Numerous services are provided and handled daily by this unit. Each day a voice mail recording is made stating those cases adjourned in both Circuit and District Courts. This service is provided so witnesses are able to determine whether they are needed in court after receiving a subpoena.

 

Doctors, nurses and other witnesses who request it, may be put on half-hour call the day they are to testify. The purpose of this service is to decrease waiting times and this is a vital money saving service as expert witnesses are not accumulating billable time waiting at court until they testify.

 

Several courtesy services are provided to victim=s and witnesses. Upon request of a witness, the Victim/Witness Unit will make contact with the employer verifying the time spent in court, and requesting cooperation by granting the witness time off. Also, whenever possible, a Victim/Witness assistant will meet with witnesses at City Hall and escort them to the proper courtrooms. Finally, when needed, our program offers emergency child sitting and transportation services based upon needed and personnel resources available at our office.

 

Time is also spent on arranging transportation and lodging for out-of-state witnesses. Special arrangements are made for witnesses who live out-of-state for their transportation, food, and lodging while staying in Lansing or Mason.

 

The Victim/Witness unit also can assist eligible victims in seeking compensation for injuries and loss of wages suffered as a result of criminal acts.

INGHAM COUNTY VICTIM/WITNESS PROGRAM

1996 - 1999 STATISTICS

 

 

New cases in which a victim was eligible to exercise their rights as a crime victim.

 

 

 

 

1996

1997

1998

1999

JANUARY - MARCH

 

 

 

 

 

 

 

Felony

513

671

492

464

Misdemeanor

294

440

406

335

Juvenile

323

265

211

118

 

 

 

 

 

 

 

 

 

 

APRIL - JUNE

     

 

 

Felony

508

602

406

518

Misdemeanor

401

396

474

347

Juvenile

272

258

175

259

 

 

 

 

 

 

 

 

 

 

JULY - SEPTEMBER

 

 

 

 

 

 

 

 

Felony

615

576

429

349

Misdemeanor

428

455

459

353

Juvenile

340

230

323

182

 

 

 

 

 

 

 

 

 

 

OCTOBER - DECEMBER

 

 

 

 

 

 

 

 

Felony

573

463

462

236

Misdemeanor

422

364

310

271

Juvenile

276

165

249

123

TOTALS:

4965

4885

4396

3555

 

 

 

INGHAM COUNTY PROSECUTOR'S OFFICE

DOMESTIC VIOLENCE PREVENTION PROGRAM

 

 

 

The mission of the Domestic Violence Prevention Program is to reduce family violence in the Ingham County area by providing direct services to the victims of crime. Our goals include: enhancing the awareness of domestic violence and crime victim's rights under the law, and improving the safety of survivors of domestic violence.

 

 

The Domestic Violence Prevention Program will assist the victims of crime throughout the criminal justice process by providing the victim with criminal justice advocacy, emotional support, information, referrals to community resources, and safety planning.

 

 

 

 

- Support for Victims

 

Provide court support for preliminary exams, pretrials, trials and sentencing.

 

Notify victims by mail and phone of pretrials, trials and sentencing.

 

Participate in safety planning with victims, including providing information on PPOs, local domestic violence shelters and the CARE program.

 

 

 

 

- Provide Information and Education

 

Send subpoenas to victims of misdemeanor domestics for pretrials in 54A District Court.

 

Assess victim needs for housing, financial, emotional, legal, and medical needs, and provide information and referrals for services.

 

Educate victims on the dynamics of domestic violence and the criminal justice system.

 

Educate victims on their rights including ways that they can participate in prosecution and federal victim compensation.

 

 

 

- Promote Victim's Rights

 

Provide information on case status, case dispensation, and inmate probation and release information.

 

Advocate within the criminal justice system in situations where there are delays that could present danger to the victim's safety or well-being.

 

Provide information and assistance in filing for compensation and requesting victims rights.

 

 

 

- Facilitate Criminal Justice Response to Victim Needs

 

Provide updates on victim information to APAs and VW staff on upcoming cases, including victims outcome wishes.

 

Connect victims with other criminal justice professionals for further assistance including, court probation department, law enforcement supervisors, prosecuting attorneys, and other victim witness unit staff.

 

Assist victims in filing for show cause hearings, appealing decisions, and pursuing other remedial avenues available to them under the law.

 

 

 

- Statistics

 

 

The program served 659 victims of domestic assault and battery and 59 victims of assault and battery. We provided 497 of them with court support or in-person assessment and referral.

 

Our program handled 442 calls for assistance and 134 calls for crisis situations.

 

The program recruited, trained and utilized 8 volunteers and interns who put in 840 hours of service.

 

1999 DEPARTMENTAL STAFF

As of January 1, 2000

 

 

Susan Hoffman Adams

Assistant Prosecuting Attorney

Family Support Unit

Carey Amato

Victim Witness Assistant

Victim Witness Program

Ronald Auble

Investigator

Family Support Unit

Sally Auer

Warrant Clerk

Screening

Trixie Brown

Victim Witness Assistant

Victim Witness Program

Carol Bucher

Assistant Prosecuting Attorney

Family Court Unit

Judge Thomas L. Brown

Michael Cheltenham

Assistant Prosecuting Attorney

District Court Unit

Judge James J. Wood

Deborah Chieppo

Clerk/Prosecuting Attorney

District Court Unit

John Cipriani

Assistant Prosecuting Attorney

Circuit Court Unit

Judge Carolyn Stell

Elaine Couthen

Clerk/Prosecuting Attorney

District Court Unit

William Crino

Assistant Prosecuting Attorney

District Court Unit

Kathy Dahlin

Clerk/Prosecuting Attorney

Screening

Lisa Davis

Appellate Secretary/Legal Assistant

Appellate Unit

Jan DeFord

Switchboard Operator/Prosecuting Attorney

Screening

Mary Lou Dobias

Support Clerk

Family Court Unit Family Support

Joyce Draganchuk

Unit Chief

District Court Unit

Judge Paula Manderfield

STUART J. DUNNINGS III

PROSECUTING ATTORNEY

 

 

Marilee Eagan

Support Investigator

Family Support Unit

Catherine Emerson

Assistant Prosecuting Attorney

Major Crimes Unit

Tri-County Metro

Roberta Faivor

Administrative Assistant

Administration

Michael Ferency

Unit Chief

Major Crimes Unit

Joseph B. Finnerty

Assistant Prosecuting Attorney

District Court Unit

Judge Richard Ball

Judge David Jordon

Julie Fletcher

Assistant Prosecuting Attorney

District Court Unit

Judge Patrick F. Cherry

M. Anthony Flores

Assistant Prosecuting Attorney

Major Crimes Unit

Tri-County Metro

Cindy Fox

Victim Witness Assistant

Victim Witness Program

Mary Greener

Executive Secretary

Administration

Monica Hall

Support Clerk

Family Support Unit

Barbara Hamm

Unit Chief

Family Support Unit

Suzie Haney

Caseworker Supervisor

Family Support Unit

David Hartwig

Assistant Prosecuting Attorney

District Court Unit

Judge Beverly Nettles-Nickerson

Jane Hartwig

Victim Witness Coordinator

Victim Witness Program

Dawn Hawes

Diversion Caseworker

Diversion Program

Ernest Horace

Assistant Prosecuting Attorney

Family Court Unit

Judge R. George Economy

Scott Hughes

Community Outreach Coordinator

Administration

Kay Kennedy

Assistant Prosecuting Attorney

District Court Unit

Judge Pamela McCabe

Jodie Kocher

Support Clerk

Family Support Unit

Karen Krepps

Victim Witness Assistant

Victim Witness Program

Theresa Lauderdale

Warrant Clerk

Screening

Susan LeDuc

Unit Chief

Family Court Unit

Angela M. Lloyd

Assistant Prosecuting Attorney

Family Support Unit

Linda Maloney

Assistant Prosecuting Attorney

Appellate Unit

Lisa McCormick

Assistant Prosecuting Attorney

Circuit Court Unit

Judge Peter D. Houk

Jacqueline Millard

Support Investigator

Family Support Unit

Martha Mitchell

Victim Witness Assistant

Victim Witness Program

John Murray

Assistant Prosecuting Attorney

District Court Unit

Judge Charles Filice

Rose Olivett

Diversion Clerk

Diversion Program

James Pettibone

Assistant Prosecuting Attorney

Family Court Unit

Judge James R. Giddings

Alice Anna Phillips

Assistant Prosecuting Attorney

Circuit Court Unit

Judge William E. Collette

Kathaleen Rae Price

Chief Assistant Prosecuting Attorney

Administration

Raymond Purdy

Assistant Prosecuting Attorney

District Court Unit

Judge Thomas E. Brennan, Jr

Frank Russell

Chief Investigator

Family Support Unit

Mary Sue Shelby

Diversion Caseworker

Diversion Program

Pandora Signor

District Court Coordinator/Prosecuting Attorney

District Court Unit

Francesco Simone

Unit Chief

Circuit Court Unit

Barbara Smith

Diversion Clerk

Diversion Program

Samuel Smith

Unit Chief

Circuit Court Unit

Judge Michael G. Harrison

Judith Spencer

Director

Diversion Program

Shondell Strickland

Clerk/Prosecuting Attorney

Circuit Court Unit

Guy Sweet

Unit Chief

Appellate Unit

Maria Valayil

Domestic Violence Prevention Coordinator

Victim Witness Program

 

Jamie White

Diversion Caseworker

Diversion Program

Sherri J. Wiegman

Administrator

Administration

Lynda Williams

Secretary/Prosecuting Attorney

Family Court Unit

Marie Wolfe

Assistant Prosecuting Attorney

Family Court Unit

Judge Donald Owens

Gladys Woodard

Circuit Court Coordinator/Prosecuting Attorney

Circuit Court Unit

 

 

 

 

 

1999 ORGANIZATIONAL CHART

 

 

STUART J. DUNNINGS III

PROSECUTING ATTORNEY

Executive Secretary

 

Chief Assistant Prosecuting Attorney

 

Administrator

 

Community Outreach Coordinator Administrative Assistant

 

District Court Unit Circuit Court Unit Appellate Unit Family Court Unit Vertical Prosecution Family Support Unit

Screening 1 Unit Chief 2 Unit Chiefs Unit Chief Unit Chief Unit Chief Unit Chief

2 Warrant 8 APAs 5 APAs APA 4 APAs 2 APAs 1 APA

Clerks

Clerk Coordinator Coordinator Legal Asst. Secretary Casework Supervisor

Clerk/Typist 2 Clerks 1 Clerk 2 Support Investigators

Chief Investigator

Victim Investigator

Diversion Program Witness Program 3 Support Clerks

Director Coordinator

3 Investigators 4 Assistants

Secretary

Domestic Violence Program

Coordinator

Ingham County Prosecutor

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