Ingham County Prosecutor

INDEX

! District Court Unit 5

! Circuit Court Unit 8

! Vertical Prosecution Unit 10

LETTER TO THE CITIZENS OF INGHAM COUNTY

During the year 2000, our office received funds to begin additional enforcement of child support orders. Assistant Prosecutor Heather Adamo was appointed to the task of prosecuting felony non-support orders. While I don=t believe that imprisoning deadbeat parents will result in increased compliance, we have seen that the incentive of avoiding prosecution has resulted in increased support for children in our community.

In addition, the office received additional funding from the Board of Commissioners for a Family Court Clerk, to work on the backlog of juvenile delinquency cases. We believe that early intervention is necessary to keep youthful offenders from Agraduating@ to the adult system, and these additional resources will help the Prosecutor=s Office achieve this goal.

Each of the divisions of the Ingham County Prosecutor=s Office has contributed to this report, with information on service activities and accompanying statistics. As Prosecutor, I am grateful to have a professional, competent staff to serve the public, and like all of the Prosecutor=s activities this report makes use of their talents. Our hope is that this information will be a valuable resource. If there are additional questions or comments, please feel free to call my office at (517) 483-6272.

ADMINISTRATION

An integral part of the administration of the Prosecutor=s Office is the Chief Assistant. Kathaleen Rae Price was Stuart Dunnings III chief assistant from day one of his first administration. Late 1999 Kathy was diagnosed with breast cancer. Early January, 2000, Kathy was declared cancer free.

Late February, 2001, Kathy was diagnosed with terminal liver and brain cancer. Sadly, Kathy=s struggle to stay alive long enough to see the spring flowers ended on March 17, 2001. The conference room for the Prosecutor=s Office has been named the Kathaleen Rae Price Conference Room in her memory.

2000 BUDGET

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.

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.

JANUARY 1, 1998 TO DECEMBER 31, 2000

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-parole life offenses. This responsibility is handled by the five-person Circuit Court Unit.

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.

1997 THROUGH 2000

CIRCUIT COURT TRIALS

VERTICAL PROSECUTION 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 effort has been successful.

The attorneys receiving assignments through this Unit are to handle their cases from start to finish; that is, by authorizing charges, conducting pre-trial conferences, preliminary examinations, motions and discovery, through to disposition by way of trial or plea negotiation. This constant personal attention given 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 the past year, more than 200 criminal cases have been handled by the three attorneys assigned to the Unit.

Since the Unit is Amulti-tasked@, criminal intelligence gathered by police specialty units is now increasingly directed toward other applications. This year, for example, investigations conducted by the Tri-County Metro Narcotics Unit were coordinated with a homicide task force, resulting in two suspects being charged in an unsolved 1999 East Lansing homicide. In another, intelligence gathered by the Tri-County Metro Unit was instrumental in the prosecution of a Home Invasion ring pursued by the Mason Police Department and the Ingham County Sheriff. And, intelligence gathered by officers assigned to the Agang Unit@ of the Lansing Police Department was important in a homicide investigation conducted by the Lansing Township Police Department. As of this writing, four individuals have been charged in that April, 2000 double homicide. The Aclearing house@ potential of the Major Crime Unit is becoming realized.

The Unit aggressively utilized the AProsecutor=s Investigative Subpoena@ during the year. Police agencies were assisted in six unsolved homicides through the use of subpoena power. Charges have been brought in two of these matters, with murder charges now pending against six individuals. Fraud, Controlled Substance Act violations, and prostitution charges have also been investigated.

The Major Crime Unit is a valuable resource both within the Prosecutor=s Office and to the police agencies within Ingham County.

APPELLATE UNIT

The Appeals Unit is staffed by two attorneys and a clerical/legal assistant. The Unit=s duties include:

This Unit=s most notable accomplishment during 2000 was the reduction of the case backlog. At the beginning of the year, briefs or answers were overdue in 15 cases. These cases have been processed. The Unit wishes to thank APA Michael Cheltenham, APA David Hartwig, and two law students (Colleen Joliqueor and Michelle Williams) for writing briefs in several of the overdue cases. On December 31, seven (7) briefs or answers were due. We anticipate that they will be processed in a timely manner.

During 2000, the Unit Chief responded to 161 FOIA requests and issued four (4) investigative subpoenas. He also handled at least six (6) forfeiture cases and six (6) criminal fireworks cases. In addition, the Unit Chief filed a civil action against a high-volume fireworks merchant under the Michigan Consumer Protection Act. This case resulted in a consent decree which severely restricts the merchant=s future fireworks-related activities.

The Unit Chief also supervised nine (9) law students during 2000--two (2) work-study interns, two (2) PAAM interns, and five (5) externs (who Awork@ to earn graduation credits). They handled misdemeanor prosecution, involuntary mental health commitments, legal research projects, and/or appeal briefs. The Unit Chief has assembled an orientation packet to acquaint law students with office policies and procedures.

During April and November, APA Linda Maloney distributed two Case Law Updates which summarized recent important appellate court decisions. In addition, the Unit Chief circulated a training bulletin regarding a federal court ruling regarding the constitutionality of Michigan=s anti-stalking statute.

The Appeals Unit has become involved in an on-going in-service training program with the Lansing Police Department (LPD). During March and April, APA Maloney provided a legal update for LPD officers. In addition, the Unit has agreed to provide a monthly legal update which will be videotaped and shown to LPD personnel. The first taping occurred In December. This program will enable LPD staff to submit legal/procedural questions for the Unit Chief or another APA to answer. It also gives the Prosecutor=s staff an opportunity to offer practical advice to police officers, and thereby improve their effectiveness.

The Unit Chief will no longer handle forfeiture cases because the Major Crimes Unit has assumed control over them. The Appeals Unit=s legal assistant will coordinate all forfeiture files.

During December, the Unit Chief was assigned to lead a committee that will develop a mission statement for the Prosecuting Attorney=s office. Representatives from several of the other units will serve on this committee.

1. Develop a procedure to review parole board decisions.

2. Develop a mission statement for the Prosecuting Attorney=s office.

3. Develop a revised policy manual which will include guidelines and standards for, inter alia, issuing criminal charges and plea bargaining.

APPELLATE DIVISION

YEARS 2000, 1999, and 1998

FAMILY DIVISION - 2000

The Family Division of the 30th Circuit Court began its second full year of operation in January, 2000. The court remains located in three different temporary locations - the Washington Annex (Judges Baird and Manderfield}, the Grady Porter Building (Judges Garcia and Economy) and much of the family court staff including all juvenile court workers and referees, and Town Center which houses the court clerk=s staff, jury clerk and the Personal Protection Order office. Everyone is looking forward to the opening of the new county courts building and the consolidation of some of these offices in July, 2001. Throughout the year this division and court staff worked in the spirit of good, open communication and cooperation to handle issues such as scheduling, transition to new computer systems, files gone astray and a myriad other issues. The Family Division Judges asked the Ingham County Prosecutor=s Family Court Unit Chief to attend their monthly meetings in order to facilitate problem-solving.

This year saw a major increase in active neglect and abuse cases in Ingham County, an anticipated effect of major legislation effective April, 1998, as well as increased Family Independence Agency staff. The legislation (known as the ABinsfield legislation@ after the former Lt. Governor who headed a state-wide task force on protection of children) mandates the filing of a petition where one child in a family has been seriously injured or sexually assaulted; where the parent(s) have previously been involved in a neglect case and their rights have been terminated or they have released their rights to other children, and mandates that the court consider terminating the rights of such parents at a the initial hearing. Other statutory changes have facilitated better protection of children in the county. These include the ability of the family court to order a non-parent partner/abuser out of the home or to order the non-parent member of the household to attend counseling, parenting classes, substance abuse assessment or any other program that would help the family.

This office remains committed to better coordination between law enforcement, Family Independence Agency staff and prosecution staff in investigating child abuse and neglect, including child sexual abuse. This includes working closely to coordinate within the Prosecutor=s office where there may be a pending criminal case, a neglect/abuse case and a paternity/support case all involving the same family members and the same criminal incidents.

The Ingham County Child Death Review Team began operations this past year. The Team looks at the death of every child in the county, regardless of whether the death was by violent means, with an eye at better cooperation, an analysis of Awhat went wrong@ and looks at prevention. A number of Prosecutor=s staff are involved with the Team.

Youth violence continues to be a chief concern of the Prosecutor=s Family Court Unit. A significant number of youthful offenders were charged and/or sentenced as adults this past year. The Prosecutor=s Office has made a concerted effort to hold young offenders accountable to the community. The City of Lansing Teen Court began its first sessions in September, 2000. Family division staff participated in the all aspects of the program. Parents, teachers and court staff involved report seeing an real impact made by the court, not just on the teens charged (ages 13 - 18) but on the teens serving as jurors. The court, prosecution staff and the Lansing Police Department also began a grant-funded AJuvenile Intervention Program@ in calendar 2000. The program is aimed at juvenile offenders ages 10 to 13 who have committed fairly serious crimes. It follows a comprehensive study of youthful offenders and recidivism over the past 10 years in the city of Lansing. The goal is to focus special attention on this group, which the study showed were most vulnerable to continue to commit increasingly serious crimes It is hoped that the early invention can prevent the criminal activity.

The lack of effective, affordable mental health evaluation and treatment for young people remains a major concern and frustration for Family Court prosecutors and the community at large. Respite care facilities are limited and the county youth detention center does not have the space to house young people for whom there are Asafety@ not criminal concerns yet keep them close to family, school and the community.

The court, local school districts, charter and private schools and academies and this office worked under the newly-formulated county ASchool Safety Response Guide@ for the first time this past year. Implementation is not complete but much-improved communication and cooperation between law enforcement, schools and the prosecutor=s office was an important outcome of the operations under the guide. In addition, this office has continued its emphasis on impacting truancy at all levels by prosecuting parents, teens and pursuing educational neglect cases where appropriate. Although the program to focus on elementary school absences began and continues in the Lansing School District in 1999, the court now has cases from many other county school districts. School attendance officers have learned that they have the full cooperation and attention of this office in dealing with truancy.

In July, 2000, legislation took effect which expanded the authority of prosecuting attorneys to conduct contempt hearings for civil Personal Protection Orders violations. {Note: While the legal acronym APPO@ is the correct usage, these are also called Arestraining orders@ at times.} In addition to conducting hearings where a custodial arrest has been made, prosecution staff now conduct hearings begun by a petition and order to show cause, if so requested by the petitioner. Not surprisingly, the division=s case load of PPO hearings increased substantially in the second half of the year.

FAMILY DIVISION -- COURT REPORT

2000

PROSECUTOR=S DIVERSION PROGRAM

What is the Prosecutor=s Diversion Program? It is a deferred prosecution program which has operated within the Prosecuting Attorney=s office since 1975. Diversion is a voluntary program which channels first-time non-violent offenders in programs such as community service, drug and alcohol treatment, high school completion or individual counseling.

DIVERSION PROGRAM

STATISTICS

VICTIM/WITNESS UNIT

The Ingham County Prosecutor=s Office began it=s Victim/Witness Unit in 1978. In 1985, the Michigan Crime Victims Rights Act was enacted for all felony cases. Since then the program has grown to include a coordinator and five full time positions devoted to assisting the victims of Ingham County. In 1988, the Act expanded to include misdemeanors. In 1994, the Unit began handling victim rights for juvenile crimes and, in 1998, it expanded once again to encompass a domestic violence unit, providing volunteers to attend court proceedings with victims as well as attempting to reduce family violence in the Ingham County area by providing direct services to the victims.

Several services are provided by the Victim/Witness Unit. One such service is a tape recording made daily for circuit, family and district courts, which allows subpoenaed witnesses to telephone the office to determine if their service is needed for court the following day. Another service is placing witnesses such as doctors, nurses, and others who request it, on one-half hour call the day they are to testify to allow them to decrease the time spent waiting to testify. This Aon call@ service also reduces costs to the county as expert witness fees are cut down by shortening the billable time for the professionals.

The Unit also provides several courtesy services for victim=s and witnesses. Upon request, we will make contact with an employer to verify testimony in court and encourage an employer to grant time off work to testify. Also, whenever possible, a victim/witness assistant will meet with witnesses either at the office or court to escort them into the courtroom. Also, a private room will be provided to allow the victim privacy as well as safety. Finally, when needed, our program offers emergency child care and transportation based upon need and personnel resources available through our office.

Members of the Unit work closely with Senator VanRegenmorter=s office and the Prosecuting Attorney Association of Michigan (PAAM) in order to keep abreast of new legislature as it pertains to victim rights by attending bi-monthly Forum meetings with advocates from around the State.

The goal of the Victim/Witness Unit is to provide rights to all victims who may request them and to ensure that the victim=s experience within the judicial system is as comfortable as possible.

INGHAM COUNTY VICTIM/WITNESS PROGRAM

As of January 1, 2001