Defense attorneys for two of three men charged with manslaughter after a killing in Warren say the case should be dismissed after the Macomb County medical examiner took the rare action to remove homicide as the manner of death.
Medical Examiner Dr. Daniel Spitz initially ruled the death of Kenneth “Kenny” Klingler, 24, of Auburn Hills, as caused by another person.
Watching The Video
After viewing related video of the incident Spitz changed the manner of death in January to “indeterminate.” Video shows Klinger could have been run over by one vehicle, and possibly as many as three, as he laid on Mound Road in Warren.
Attorney Michael Komorn, representing co-defendant Chris Twarowski, agreed charges should be dropped and blamed prosecutors and Warren police officials for initially presenting a “false narrative” of the incident to the public and Klingler’s family.
“It’s a huge disservice to the victim’s family by suggesting this false narrative, that they beat him and left him to die,” he said.
Three men remain charged with involuntary manslaughter, punishable by up to 15 years in prison.
“I’m very pleased Dr. Spitz was willing to take a second look at this … and had an honest change of mind,” said Robbie Lang, attorney for defendant Christopher Zehnpfennig. But, “I am just shocked why this case continues and has not been dismissed.”
It’s been unfair to the defendants as they all have had trouble getting jobs while the charges are pending, the attorneys said.
Zehnpfennig and Twarowski, both 23 at the time of the incident, reside in Warren. Their co-defendant is Nathan Thomas Domagalski, 25 at the time, of Hazel Park. The trio’s preliminary examination scheduled for last Friday in 37th District Court in Warren was adjourned after Spitz’s amended report was disclosed.
A new date was set for March 25, 2020.
Read the back story and a lot More Here in the Oakland Press
If you have a case that needs one of the top criminal defense attorney’s in Michigan to help defend your freedom and future. Call Komorn Law 248-357-2550 or visit KomornLaw.com to learn more.
This is an older article from 2012… but current news and victories are forthcoming. So we like to show the long struggle it’s been to achieve the small steps and sacrifices that have come and gone.
A judge admitted skepticism but is allowing two men convicted of distributing marijuana to continue using the drug for medical purposes.
Dean Ferretti, 38, of Utica; and Kent Currie, 40, of Kimball Township, were sentenced to two years probation Thursday by Judge David Viviano of Macomb County Circuit Court in Mount Clemens.
Originally charged with four counts of delivering or manufacturing more than 45 kilograms of marijuana and operating a drug house, they pleaded guilty to the lesser charges of distribution of marijuana ‘without remuneration’ and attempt to maintain a drug house, in a plea deal.
The men claimed they were growing marijuana in Lenox Township in 2010 under the Medical Marijuana Act. But they possessed more marijuana than allowed.
Viviano ruled both men could continue to use cannabis plant product to address injuries and conditions but warned they could not distribute marijuana even under the MMA.
‘I’m not going to tolerate you spreading marijuana in the community, medical marijuana or otherwise,’ Viviano told Ferretti. ‘I will allow you to continue to use – like I did while you were on bond – with a healthy dose of skepticism.
‘If I ever hear you’re spreading marijuana, you’re going to jail for a year.’
Ferretti’s attorney, Michael Komorn, said his client wouldn’t have broken the law in 2010 ‘if he knew then what he knows now’ about the MMA, which took effect in December 2008.
‘The law was relatively new,’ he said. ‘There’s a lot more guidance now.’
Both men described physical ailments that they said warrant marijuana use. They said they consume extracted marijuana in oil form and take prescription drugs, a situation about which Viviano seemed skeptical.
‘You think you’re going to get better eating pills and (taking) marijuana?’ Viviano said to Currie. ‘It’s hard to understand why you’re taking Vicodin at all.
‘What are you doing to get better?’
ONE FOR THE BOOKS An historical Macomb County news story involving Attorney Michael Komorn we like to bring back when some fresh news is going to be published regarding similar circumstances. If you have similar circumstances and need a highly experienced and well studied attorney in Michigan marijuana legal issues. Call us 248-357-2550
The Michigan State Police says it has discontinued the use of 203 breathalyzer machines, and it’s accusing the contractor involved of possible fraud.
The Michigan State Police have opened its own investigation into Intoximeters Inc., who calibrate the state’s DataMaster breathalyzer machines.
It alleged “performance-related issues” that could lead to more issues with the way the devices were serviced.
The issue could go all the way back to the beginning of MSP’s million dollar yearly contract with Intoximeters, which was signed in late 2018.
But several defense attorneys say Michigan State Police should not be in charge of any investigation into the matter, and are accusing MSP of a conflict of interest as they investigate one of their own contractors. The attorneys are calling for an independent investigation into the matter.
Michael Komorn a Farmington Hills-based defense attorney whose main focus is on DUI and drugged driving cases says that an independent investigation would also help with the question of what happens to the countless DUI cases that might be affected by this.
“If we have a full investigation by an independent body, maybe they would make a recommendation,” says Komorn. “That is a better way of going about it where an independent body identifies those who have been harmed, if people have been harmed, and they put forth a remedy of some kind, some redress for people versus some finding that’s in question.”
The Michigan State Police suspended the contract with Intoximeters Inc, the company that issues the state’s breath alcohol testing devices amid concerns the test results could be flawed.
A letter written to police departments and prosecutors statewide, stated police officials warned law enforcement agencies about “performance-related issues” with the Datamaster DMT breathalyzer devices, according to The Detroit News . Such issues could affect drunken driving cases. The letter did not identify the problems or how they were uncovered.
Attorney Michael Komorn stated “The idea that those two entities that are working together in a contract are now…one of them is investigating the other one for fraud is a remarkable circumstance.
” What is the impact going to be on those that have been convicted of these breath tests that were not disclosed to potentially be accurate that were not properly calibrated” Komorn questioned
State police Lt. Michael Shaw stated a stop order was issued when they “noticed some issues with the vendor that was responsible for maintenance and auditing the DataMasters around the state.”
“We will be (setting) up a unit in order to assume the responsibilities of that vendor,” Shaw said. “Authorities will keep using the devices, but Michigan State Police, not the vendor, will calibrate them,” Shaw said.
State police will also take over the contractor’s duties of certifying and serving the breathalyzer units.
Oakland University criminal justice professor Daniel Kennedy said such issues with the breathalyzer devices could be troublesome for drunken driving cases in Michigan.
“This could open the floodgates for appeals,” Kennedy said. “In drunk driving cases, one of the first questions any defense attorney asks is, ‘When was the last time the device was calibrated?’ So, if they found problems with how these things were being calibrated, that could wind up being one big mess.”
Here is the complete MSP statement on the situation:
Based on new information learned over the weekend, the Michigan State Police (MSP) is aggressively investigating potential fraud committed by contract employees of Datamaster vendor, Intoximeters, and also moving today to take all 203 Datamaster DMT evidential breath alcohol testing instruments out of service until MSP can inspect and verify each instrument to ensure it is properly calibrated. In the interim period, the MSP recommends that police agencies utilize blood draws rather than breath tests to establish evidence of drunk driving.
On Jan. 10, 2020, the MSP alerted prosecutors and police departments statewide that it had issued a stop order on the current vendor’s contract due to performance-related issues. The vendor, Intoximeters, employs three contract employees who were responsible for servicing all 203 Datamaster DMT instruments in the state, and it is records from these service sessions that are in question. Effective Jan. 10, 2020, fully certified MSP personnel have taken over responsibility for ensuring all Datamaster DMTs are certified, calibrated and serviced according to state law and industry standard.
Review of vendor records in the last two days has yielded additional discrepancies that may point to the potential for a more widespread issue with the way in which some instruments were being serviced. While the discrepancies do not directly impact or deal with the results of evidential breath tests, it is concerning that it appears as though some certification records have been falsified. As a result, the MSP has opened a criminal investigation that is looking into possible forgery of public documents.
Defense attorneys say drivers should refuse Michigan’s new roadside drug tests.
Multiple defense attorneys say they would advise that their clients refuse Michigan’s new statewide roadside drug tests.
They’re too untrustworthy, they said.
The penalty for refusing the test is a civil infraction, the fine for which varies by community, but it’s a better option than having unreliable results used to prosecute you in court, said Michael Komorn, a highly experienced drugged- and drunk-driving attorney, who also specializes in marijuana law.
With legalization of recreational marijuana in November 2018 and the opening of retail marijuana shops across the state. The impact of marijuana impaired driving and public safety has heightened.
The usefulness of the saliva swab tests in identification of drug-impaired driving is exactly what state police hope to determine with a second-year long pilot program that kicked off in October 2019.
So you can have your future, family, finances destroyed, be publicly humiliated, lose your job, your future over a pilot program and testing of equipment to fund the court system. Call Komorn Law and fight that BS 248-357-2550
The first year of the pilot program lasted from November 2017 to November 2018 and included 12 police agencies or state police posts in five counties. The second yearlong pilot includes 125 officers, dubbed “drug recognition experts” who are trained to detect drug impairment and administer saliva tests.
To become a drug recognition expert, participating law enforcement must complete 72 hours of classroom study and 40 hours of field training.
In 2018, Michigan State Police data shows 247 drug-involved traffic fatalities, representing about one-quarter of the 974 traffic fatalities that year. In 2010, state police reported 153 drug-involved traffic fatalities, representing about 16% of total traffic deaths. While the drug blamed in those cases wasn’t identified 95 percent of the time, in cases where the drug was included, 70 percent involved marijuana, according to state police.
Read the Rest of The Story Here at MLIVE – There is much more
Jan 13, 2020 LANSING, MI — Multiple defense attorneys say they would advise their clients refuse Michigan’s new statewide roadside drug tests. They’re too untrustworthy, they say. The …
Jan 13, 2020 LANSING, MI — Michigan state police on Monday, Jan. 13, halted use of 203 breathalyzer machines utilized to determine blood-alcohol levels in drunk driving cases …
Feb 25, 2019 Legal attitudes towards marijuana are changing Michigan. Citing new laws and weak cases, Democratic Attorney General Dana Nessel is dismissing charges against four people in …
Jan 09, 2019 The industry hopes a new governor and legal weed will reform the medical marijuana program. One in four applications for a license to run a …
Nov 29, 2018 Lawyers say it’s an ironic suggestion that could land caregivers in jail. Michigan officials are proposing a solution to a shortage of medical marijuana in …
Mar 30, 2019 Officials are advising Michigan residents that food and drinks infused with CBD oil aren’t quite legal yet. “Being decriminalized and being legal are two different …
Dec 08, 2018 Officials are promising they won’t slap fines on businesses for buying marijuana from caregivers. To keep shelves stocked at licensed medical marijuana shops, state officials …
Sep 25, 2018 The results of a roadside test for marijuana in Michigan won’t be ready before Nov. 6. The results of a roadside drug testing pilot program …
Local Attorney Michael Komorn, got the news that the marijuana case against his client was dropped and her property seized would be returned.
Ginnifer Hency and her lawyer, Michael Komorn, got the news early Wednesday morning that the marijuana case against her was dropped, and her property seized through civil forfeiture would be returned.
The Kimball Township woman’s case is one of at least five marijuana cases in St. Clair County that will be dismissed after a state Supreme Court decision last week.
“I’m elated that this part is over,” Hency said. “It’s been a long year.”
St. Clair County Prosecutor Michael Wendling said about 18 cases were on hold while prosecution and defense waited on the Supreme Court decision.
“We reevaluated the files that we had pending and at least five were no longer viable in light of the Supreme Court decision,” Wendling said.
“I think that’s an analysis that prosecutors across the state are undertaking.”
The Michigan Supreme Court ruling last week — its ninth medical marijuana ruling since voters approved the Michigan Medical Marihuana Act in 2008 — clarified when caregivers and users can use their medical marijuana certification as a defense or immunity if charged with a marijuana-related crime.
“We would have to have specific evidence on those items in order to overcome that burden now that we did not have to show before,” Wendling said.
“Several of those cases the evidence isn’t there to do that.”
Wendling said any unresolved civil forfeiture cases connected to those five dismissed cases also will be dismissed, and items seized will be returned.
The four other marijuana cases dismissed include ones against Austin Ray, Ryan Jackson, Thomas Cook and Kevin Lindke, Wendling said.
According to appeal documents from the prosecution, Hency was charged after she allegedly told a Drug Task Force member she had six ounces of marijuana in a locked bag that she intended to exchange for a different strain with another caregiver and give the marijuana to her patients.
Her case was dismissed by visiting District Judge David Nicholson in May after Nicholson found that no crime had occurred after a preliminary examination.
The prosecutor’s office appealed Nicholson’s decision in circuit court. Oral arguments on the appeal were supposed to be heard by Circuit Judge Michael West Wednesday.
“We still feel that that appeal is justified because it was on a different issue,” Wendling said. “But, at the end of the day, if we win that appeal and that case gets refiled, we still have that Supreme Court decision to deal with.”
Komorn said he, co-counsel Shyler Engel and Hency were happy with the dismissal.
“But that does not eliminate the horror of what they’ve had to deal with the last year,” Komorn said.
“It didn’t come easy. We’ve had to fight for a year.”
Komorn said Hency’s family was devastated by the July 2014 raid on their home and Hency has had trouble finding employment because of the pending narcotics charge.
“We’re interested in pursuing damages,” Komorn said.
“This shouldn’t have happened. There shouldn’t have been criminal charges and there certainly shouldn’t have been a forfeiture.”
Hency said authorities seized several items, including a Chevy Impala, two iPhones, an iPad and a ladder, when they raided her home in 2014.
Hency said she appreciated the prosecutor’s decision to dismiss the case “in the interest of justice.” But she said she feels her case isn’t completely finished.
“When I get my stuff back I will consider it over,” Hency said. “There are a whole lot of other cases in St. Clair County that I hope they revisit in light of the (Supreme Court) decision.”
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
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