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
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