After an incident involving my medical marihuana grow, I found myself being charged with 2 manufacturing felonies. Upon a recommendation from an associate, I retained Michael Komorn. It was the best decision I ever made. Most of the cards were stacked against me but Michael was brilliant. He was very knowledgeable with all the case law needed. He explained the process we would take in the beginning and he stuck to his plan. In the court room he stood up for me like I was his brother. He knew every avenue we could explore and he explored most of them. In the end I received a misdemeanor with a few months non reporting probation. I am confident that if I had fought this case until the end, Michael would have won. I would, without hesitation, recommend Michael to anyone for any defense. I know my family and myself greatly appreciate the work Michael has done for me and if I find myself in a similar position in the future, he will be the first call I make.
My name is Jim, Did not believe I would be in need of an attorney. Yet there I was ! Being a firm believer , that knowledge is power. Brought me to find an attorney that is at the forefront of Michigan marijuana laws. An advocate for all of us. Micheal Komorn ! Komorn is leading the way, demanding clarity and definition of the laws that are always changing. Mike Komorn is that guy that fights for us all. Knowledge is Power. My case was dismissed, I rest my case. Thanks Mike !
Hired Komorn for a medical marijuana debacle. Komorn never jumped ship when it came down to the battle. I gave up before he would. Highly recommended when you need an attorney not to abandon you.
I hired Michael at a very difficult and stressful time. I had two charges pending and was facing jail time. He handled them with great care and confidence and kept me in the loop during the whole process. He got my most serious charge (2nd OWI) dismissed because the officer did not go by the book and violated my rights. My other charge which was a VOP over six years old was handled very well and I had the best outcome possible. I would recommend Michael to anyone I know. He is a great attorney that will fight for you just like he did for me.
Mike Komorn is very thorough and understanding. He listens attentively, he explained the law thoroughly and he advised me on my options. He also referred me to substance abuse counselors who have helped me to get back on the right track and make permanent and positive changes in my life. If is wasn’t for Komorn Law, I’d be in jail right now, instead of on probation and getting the help I really needed.
I cannot say enough good things about Micheal and his team at Komorn Law. Micheal met with me and explained exactly what was going to happen throughout the legal process and what I could expect throughout my case. He was clear and concise and didnt sugar coat anything. He took the time to explain what defense options I had and recommended an aggressive coarse of action. He then started to work on my case. We pooled together all of the documentation and information about my case including all prosecutor information and created my defense. Micheal and his team constructed my defense and approached the court with so much information and documentation that they lessened the charges and I was given a minimal fine. It was Michaels diligent determination that made this happen. He was professional yet firm. His arguments were always well prepared and presented in a timely manner. I would highly recommend Michael and his team at Komorn Law. He has been the only attorney that I truly feel has represented me the way I would like to be represented. He was aggressive yet professional. His team was always responsive and timely. Michael is the only attorney I would ever use. His experience and dedication is absolutely the best.
The work ethic of Tom Brady and brains of Peyton Manning. It was definitely an unfair and lopsided playing field in favor of prosecutors, however, there was a since of confidence after seeing him in action the 1st day.
Most attorneys are a lot of bark and no bite when it comes to actually fighting in court if you need to battle he is your fighter.
When countless attorneys advised us we had no chance to fight our case in Oakland County and just to take a plea mainly because it was too much work we fired them and hired Komorn who took the lead and we WON and we WON big.
Without Komorn’s sincere dedication (we talked to midnight at times!) and relentless pursuit of justice we would all be felons with a bleak future. This review does not justify all he has done for us and the entire mmj community. Komorn for Governor!
Best attorney in the state in my opinion. Handled my case in BAd Axe.Took a couple yrs Case dismissed. Well publicized in Huron Daily Tribune.Medical Marijuana case.
Just a middle aged couple trying to follow the law
5.0 stars
Posted by a Criminal Defense client November 13, 2013
My husband has chronic pain and I am disabled. Both of us are in our sixties and we are medical marijuana patients/caregivers. We were diligent about strict adherence to the law. Despite that, we found ourselves fully involved in the criminal justice system – Yikes!
Michael Komorn was the right call to make…so current on every front and more than willing to “go the extra mile” for his clients. His understanding and compassion certainly helped ease our stress. Always respectful and never condescending he took the time to explain all proceedings and took our case to its happy conclusion. Nothing more rewarding than seeing a great attorney put an over-zealous prosecutor in his place. This is one great lawyer
The Criminal Defense Attorney of Michigan’s Award Committee has selected Michael J. Komorn as the recipient of their Right to Counsel Award. This award recognizes the amazing contributions of a group or individual in the form of legal representation or other extraordinary service.
Komorn will be recognized at CDAM’s Annual Dinner and Awards Banquet, Friday, March 11, 2016, at the Troy, Marriott. The Cocktail Reception begins at 6:15 with dinner at 7:00p.m. For those interested in attending, visit www.CDAMonline.org and click Registration Annual Awards Dinner Tickets ONLY. For those wishing to attend the CDAM Spring Conference AND dinner, click on 2016 Spring Conference Registration OPEN. This link will allow your to register for the conference and dinner. Tickets are $65 per person
Said CDAM President Patricia A. Maceroni, “CDAM is delighted to recognize Michael Komorn for his extraordinary work in uncovering testing irregularities at the Michigan State Police Forensic Crime Lab while representing his client, Max Lorincz, pro bono.”
While defending Lorincz, Komorn obtained emails through the Freedom of Information Act uncovering recent changes in Crime Lab policies. These policies allowed for the reporting of marijuana abstract residue as “origin unknown” allowing prosecutors to charge someone with having synthetic THC, a felony, rather than marijuana, a two year misdemeanor.
Said Komorn during a recent interview with Michigan Radio, “The lab specifically changed their policy to report these things in a way that they could arrest patients or caregivers, instead of honoring the protections of the Michigan Medical Marijuana Act.”
In January 2016, Komorn was successful in getting Max Lorincz’ two year felony charge dismissed.
For more information, contact CDAM at (517) 579-0533.
OTTAWA COUNTY, Mich. – After 16 months of a criminal and family court battle, an Ottawa County Circuit Court Judge dismissed wrongful felony charges against a Spring Lake father and card-carrying medical marijuana patient for having “synthetic THC.”
Friday Max Lorincz was in court for multiple hearings regarding his criminal case, after he was charged with a two-year felony for what the Michigan State Police crime lab depicts as “synthetic THC.” Judge Edward Post ruled that the prosecution did not provide any evidence to prove what Lorincz had was not marijuana; therefore the charge is dropped.
“It’s been a long 16 months, it’s just nice to have it over that’s for sure,” said Lorincz.
“I’m glad it helps anyone else, I mean from the very beginning I haven’t been willing to take a plea deal or anything ‘cause I didn’t do anything wrong. We’ve always medicated properly, and tried to make sure that we’re doing everything right,” he said.
This dismissal has statewide implications for marijuana cases, and potentially puts a stop to erroneous charges of synthetic THC.
“The judge got it right: the law is very clear on this, and any prosecutor that proceeds under a theory as this office did here is flat-out wrong,” said Attorney Michael Komorn, who represents Lorincz.
“It should be appealed, they should be stopped from doing that. So all defense lawyers should know that it’s an inappropriate charge.”
This dismissal is a huge step for Lorincz, but his life is only partly back to normal as he and his wife continue to fight for custody of their six-year-old son, Dante.
“[My son] has been incredibly happy, having a lot of fun and begs us to come home constantly,” said Lorincz.
“Obviously we can’t give him answers about any of that, but we try to keep him positive, we try to stay as positive as we can.”
Lorincz’s crime lab report showed he had a “smear” amount of THC, the psychoactive ingredient in marijuana, and then the phrase “origin unknown.” He was charged with a two-year felony for having synthetic pot; a case FOX 17 has been reporting since February 2015. As a result of this charge, Lorincz and his wife lost custody of Dante, and have spent the last 16 months in a separate family court case that has uprooted their lives.
In October, FOX 17 broke Komorn’s allegations that the crime labs’ recent policy change is corrupt. It’s a policy that is accused of targeting Michigan medical marijuana patients with far-reaching affects for Lorincz, who is fighting for custody of his son because of it.
Komorn first accused prosecutors of inappropriately influencing the way the MSP crime labs report marijuana extracts, when plant matter is not visible–like in the case of brownies and oils–as “origin unknown” on the lab report. This statement allows prosecutors the discretion to charge a person with a felony for having “synthetic THC,” instead of having marijuana, which is a misdemeanor.
Komorn, along with Attorneys Neil Rockind and Mike Nichols, filed federal complaints against the MSP crime labs to the National Institute of Justice. Their complaints call for an independent investigation into these allegations that the state crime labs are knowingly misreporting marijuana as “origin unknown,” which again leads to felonies for synthetic THC.
The bottom line, Komorn and others argue, is the crime labs should be dependent of the state police. Emails Komorn obtained through the Freedom of Information Act show a conflict of interest between police, the crime lab, and prosecutors he said.
“The emails tell a story that show there’s a deep conflict of interest, and this case is that example,” said Komorn.
“The emails from this case reflect a non-independent forensic center that is essentially witnesses for the prosecution with the same goal of conviction, not a goal of science and accuracy.”
Friday in Ottawa County Circuit Court, Judge Post heard the defense’s motion to quash Lorincz’s bindover; Daubert hearing; as well as a bill of particulars.
Attorney Karen Miedema with the Ottawa County Prosecutor’s Office, handling Lorincz’s case, declined to comment. Miedema told FOX 17 the prosecution is considering filing one-year misdemeanor charges for marijuana possession against Lorincz.
“We’re going to hope it’s over, we’re going to hope they’re going to re-evaluate their case and end it so we can move on, and Max can move on with his life,” said Komorn.
Here is a series of stories of background on Lorincz’s case:
A permanency planning hearing for Lorincz to regain custody of his son was heard in Ottawa County Probate Court Friday afternoon. Judge Mark Feyen said he was “90 percent” ready to reunite the family going into the hearing, but continued supervised visits until the next hearing which will be set within the next two months.
Officials with the Michigan State Police and the Prosecuting Attorneys Association of Michigan continue to deny these allegations: that politics influenced the way their crime labs report the origin of marijuana extracts on reports. The MSP has repeatedly denied FOX 17’s requests for interviews.
Posted 10:30 AM, January 22, 2016, by Dana Chicklas, Updated at 06:30pm, January 25, 2016
Two local attorneys have filed a formal complaint against the Michigan State Police Crime Lab, suggesting the agency should be made into an independent entity, but state officials have refuted the accusations of negligence and incompetence.
Southfield-based attorneys Neil Rockind and Michael Komorn filed the complaint with Gerry LaPorte, the director of the National Institute of Justice, Office of Investigative and Forensic Sciences in Washington D.C.
In it, the attorneys accuse the lab of negligence and incompetence, resulting in “findings, integrity and reliability that are in serious doubt,” a press release states.
Michigan State Police find “the claims of this small group of defense attorneys wholly without merit,” according to a statement.
The attorneys accuse the lab of allowing prosecutors to control reporting regarding whether marijuana is natural or synthetic, leading to basic misdemeanors being elevated to felonies for possession or manufacture of synthetic marijuana, the attorneys said.
“Compromising forensic science as a matter of course in order to support a felony prosecution is abhorrent and illegal,” Rockind said.
“(The Prosecuting Attorneys Association of Michigan) is interfering with the reporting of scientific results, revealing a co-dependence between the association and the crime lab that is antithetical to independent and objective forensic reporting.”
The forensic science division of the Michigan State Police changed its policy for reporting marijuana and THC in 2013 “in an effort to standardize reporting practices … and to ensure laboratory reports only include findings that can be proved scientifically,” MSP officials said.
“With the influx of synthetic drugs into the laboratory system, it became necessary to ensure reporting standards were in place across all labs. As is common practice in the (Michigan State Police Forensic Science Division), involved laboratory personnel were given the opportunity to discuss the proposed changes and provide their insight before a final decision was made by laboratory leadership.”
Ultimately, it was decided that the phrase “origin unknown” would be used for samples where it could not be scientifically proven that the THC originated from plant-based material.
“For example, if a sample is submitted to the lab that is clearly from a plant-based source, the results will indicate the sample is marijuana,” officials said.
“If it is not clear that the submitted sample is from a plant-based source because it is an extract, residue or another compound with no visible plant matter, then the report will indicate whether or not THC —— the illegal component of the sample —— is present, but the source of the THC will not be identified because the source cannot be scientifically established.” In such an instance, the sample would be listed as “origin unknown.”
Michigan State Police clarified the situation in July, amending the “origin unknown” phrase to say “The origin of delta-1-tetrahydrocannabinol may be from a plant (marihuana) or a synthetic source,” officials said.
The decision was made in the best interest of science, according to Michigan State Police.
“The allegation that politics or influence from any outside entity played a role in this policy change is wholly untrue,” officials said.
“Further, the MSP rejects the allegation that an internal policy change to ensure standardization regarding how test results are reported rises to the level of negligence or misconduct. As in all criminal cases, the charging decision rests with the prosecutor who makes their decision based upon all the relevant evidence in a case, of which the laboratory report is but one factor.”
The attorneys’ complaint also accuses the lab of under-reporting of uncertainty in blood alcohol analysis, as well as a failure to analyze and scientifically establish a limit of detection for analytes, including THC, over-criminalizing the presence of any amount of a Schedule I substance in an operator’s system while driving.
“Our formal letter of complaint is intended to launch a serious and objective review of the practices of the crime lab by the National Institute of Justice,” Rockind said.
In the complaint, the attorneys suggest that the crime lab should be separated from the state police.
“Ultimately, the crime lab must be made an independent entity and brought out from underneath the very law enforcement agency that collects the evidence and seeks prosecution: the Michigan State Police,” states the complaint, which calls for a sound audit and an investigation.
“The importance of this investigation is vital,” the complaint states.
“Without accountability the lab has no check to try to ensure quality assurance practices are followed and not just discussed to the public via general statements and in court.”
Dave Phillips covers courts for The Oakland Press, having earlier covered the police beat. Reach the author at dave.phillips@oakpress.com or follow Dave on Twitter: @ByDavePhillips
Maxwell Lorincz lives in Spring Lake near Lake Michigan with his wife and their six-year-old son. At least, they did live with their son, until a year and a half ago.
They lost custody of him after Lorincz was charged with a felony for possessing synthetic THC. He’s a card-carrying medical marijuana patient. But that hasn’t helped in his fight to get his son back.
So for now, the family gets unsupervised visits for a few hours every week.
“Normally after he leaves we pick up his room. But the last few times, he’s gotten a little upset when we do, so we’ve been trying to leave his characters right where he left them every time he leaves,” Lorincz says as he and his wife Erica Chittenden stand in their son Dante’s bedroom, which is messy with toys strewn all over the place.
Lorincz says taking marijuana in concentrated oil form is the best way to help his severe back pain, the result of a work-related accident.
In 2014, Chittenden needed medical attention, so they called 9-1-1. A police officer arrived with paramedics. The officer found a lid in their home with a small amount of residue from marijuana oil on it.
“He picked it up and asked what it was. And I told him. He took it and said that they were going to take it for testing,” said Lorincz.
The way the State Police crime lab handled that sample is one reason Lorincz is having a hard time getting his son back.
In 2013, the Michigan State Police quietly changed a policy at its crime labs.
It instructed its lab technicians to change how they handle samples containing THC. That’s the chemical in marijuana responsible for its psychological effects.
It used to be that if it was obvious that a crime lab sample came from a marijuana plant, the lab report would say that. Now, unless there’s visible plant material in the sample, the lab must say the origin is unknown.
That’s important. It means prosecutors can pursue felony charges because they can argue in court that the drugs police found are synthetic. Possessing synthetic THC carries tougher penalties than possessing marijuana from a plant. It’s the difference between a felony and a misdemeanor.
The Michigan Public Radio Network first reported on the policy change and Lorincz’s case in October.
The Ottawa County Prosecutor’s office has not responded to multiple requests for comment about Lorincz’s case.
A number of forensic scientists are now speaking out against the policy, saying there’s no way most or any of the samples in question contain synthetic THC.
“It is unreasonable to make any qualifying statements that this stuff might be synthetic. It is not a reasonable scientific conclusion that one could reach,” said Dr. Jay Siegel, a professor emeritus of forensic science at Michigan State University who has worked in crime labs across the country.
Sigel also instructed many technicians in the State Police crime lab, including its current director who oversaw the implementation of the THC policy.
He says samples that come from marijuana hold obvious clues – such as other chemicals that come from marijuana plants. He says those would be extremely difficult if not impossible to create in a lab – and there’s no reason anyone would want to.
Siegel says the only explanation he can come up with for the policy change is political pressure.
“And if that’s the case, that’s deplorable. All the things I ever taught those students was that you have to be a scientist here. You have to be true to the science and not the political or any other kind of pressure,” he said.
The former director of the state crime lab agrees.
“You’re really getting into an ugly area that really gets into professional ethics as far as the reporting of testing results. And my understanding is, having looked at this, is that that line was crossed,” said John Collins, who is also a former student of Siegel’s.
Collins says he quit as head of the crime lab in part because of what he calls “tremendous” pressure from prosecutors to present evidence in a way that’s beneficial to them.
“There are some that really I think view forensic science as being a prosecution business as opposed to a science business,” he said.
Lorincz’s lawyer and several other criminal defense attorneys have formally requested a federal review of the crime lab policy, and hope it will be struck down.
“The lab specifically changed their policy to report these things in a way that they could arrest patients or caregivers, instead of honoring the protections of the Michigan Medical Marijuana Act. And that is what this case turned into,” said Michael Komorn, who is representing Lorincz in both his criminal and child custody cases.
Komorn uncovered State Police e-mails through a Freedom of Information Act request that show internal debate about whether to adopt the policy. His associates provided the documents to the Michigan Public Radio Network in October.
Some lab technicians were adamantly against the policy switch.
“It is unreasonable to make any qualifying statements that this stuff might be synthetic.
It is not a reasonable scientific conclusion that one could reach.”
“This could lead to the wrong charge of possession of synthetic THC and the ultimate wrongful conviction of an individual. For the laboratory to contribute to this possible miscarriage of justice would be a huge black eye for the Division and the Department,” said Lansing crime lab Controlled Substances Unit Supervisor Bradley Choate in an email to colleagues.
Choate pointed out in an e-mail that the lab’s guiding principles state “that ‘Conclusions are based on the evidence and the reference material relevant to the evidence, not on extraneous information, political pressure, or other outside influences.’”
Many others in the correspondence appeared to back the policy change.
“…other cannablnoids [sic] *can* be manufactured synthetically, just as THC can be,” wrote Inspector John Bowen with MSP’s Quality Assurance & Technical Development division.
“Is it likely that someone went to the trouble to manufacture THC and two other cannabinoids, mix them up, and bake them into a pan of brownies? Of course not. That doesn’t mean we should change the results to show we found Marijuana. We didn’t, because Marijuana is a plant, and we didn’t find plant parts.”
“I’m just hoping to get this law clarified and get our son back.”
When asked for comment for this piece, a State Police spokesperson said the department did not want to “dignify (the) allegations with any interviews.” But she said the policy change was needed to create consistency between all of its labs across the state. And she said it’s up to prosecutors to decide which charges to pursue.
The documents uncovered by Komorn show clearly that an employee of the Prosecuting Attorneys Association of Michigan (PAAM) offered advice in favor of the policy switch. But PAAM says it did not direct or pressure the lab to adopt it.
Meanwhile, Max Lorincz and his wife say they just want the whole ordeal to be over.
“I’m just hoping to get this law clarified and get our son back.”
During this February 20, 2013 hearing, Assistant Oakland County Prosecutor Beth Hand notified the court that her office is contemplating filing criminal charges against a medical doctor for his involvement in certifying two medical marijuana patients, Robert Redden and Torey Clark.
The protracted case against Redden and Clark was initially dismissed back on June 17, 2009, but the district court’s dismissal was appealed by the Oakland County’s Prosecutor’s Office and, since then, the case has dragged on between various appellate and trial courts.
