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.
Review the evidence
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.
LANSING –Michigan Attorney General Dana Nessel today established a four-member Wrongful Imprisonment Compensation Act (WICA) Board to review each WICA request and make recommendations on key decisions in the litigation of WICA cases. Once cases meet the legal standard of wrongful conviction, the Act ensures exonerees are provided appropriate compensation for the harm they suffered.
“These cases are complex and weave together the skill sets of criminal prosecution, criminal defense and civil litigation to ultimately decide whether or not an individual is entitled to compensation,” Nessel said. “It is critically important this board have representation from each of those skill sets to make certain we review all aspects of a case, from every legal angle, before awarding or denying compensation.”
Nessel appointed Michigan Solicitor General Fadwa Hammoud, a career prosecutor; Operations Chief Christina Grossi, a career civil litigator; Conviction Integrity Unit Director Robyn Frankel, a former criminal defense attorney; and Criminal Appellate Division Chief John Pallas, a former career prosecutor, to the WICA Board.
Nessel also established a protocol to ensure all claims undergo a thorough and systematic assessment before a decision is rendered. While not every case is entitled to relief under WICA, the protocol provides for a timely resolution where compensation is warranted, recognizing the immense material and psychological barriers wrongfully imprisoned individuals experience upon their release. The protocol also safeguards the integrity of the review process by establishing a standard to prevent conflicts and ensure proper communication between parties.
Under WICA, a plaintiff is entitled to compensation if he/she can show: 1) new evidence demonstrates that the plaintiff did not perpetrate the crime and was not an accomplice or accessory; 2) the new evidence resulted in the reversal or vacation of the charges; and 3) the new evidence resulted in either the dismissal of all charges or a finding of not guilty on all charges on retrial.
Komorn Law The Best Criminal Defense Lawyer You Could Hope For To Be On Your Side Contact Our Office for a free case evaluation (248) 357-2550 or Visit OurWebsite
LANSING – Taking steps to protect Michigan’s emerging marijuana industry and its consumers, Attorney General Dana Nessel joined a bipartisan group of 21 Attorneys General Monday, urging Congress to pass legislation that allows legal businesses to access the federal banking system.
Under existing law, financial institutions are prohibited from providing banking services to marijuana businesses in the 33 states and other U.S. territories where medical or retail marijuana sales are legal. As a result, businesses that comply with state law are forced to operate as cash-only businesses, posing serious safety threats and creating targets for violent and white-collar crime.
The legal marijuana industry employs hundreds of thousands of Americans nationwide and is expected to provide more than 40,000 jobs in Michigan by the time the market is fully established, according to the Michigan Cannabis Industry Association. It is estimated that the industry will generate revenue between $50 billion and $80 billion nationally over the next decade.
“All legal and legitimate businesses should have a safe place to deposit their revenue and not have to rely on under-the-floor safes to store their legally earned money,” Nessel said. “This is not just a states’ rights issue, this is an issue of safety. The expansion of Michigan’s market to include legal sales of recreational marijuana this year compels us to join this effort to ensure we protect Michigan businesses from becoming unnecessary targets of bad actors.”
In their letter, the Attorneys General say that the legislation (H.R. 2093; S. 1028) would provide businesses oversight and reduce the risk of violent and white-collar crime affecting the growing industry by allowing marijuana businesses to access the federal banking system. The “STATES” (Strengthening the Tenth Amendment Through Entrusting States) Act already has bipartisan support with 62 cosponsors in the U.S. House and 9 cosponsors in the U.S. Senate.
Nessel joins the Attorneys General of Alaska, California, Colorado, Connecticut, the District of Columbia, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Minnesota, New Mexico, New York, Nevada, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington in sending this letter.
So when you’re convicted of a crime, or a traffic ticket, you have to pay a bunch of costs. Did you know that many of those costs go back into the local court’s operating budget? So when that judge orders you to be a good convict and pay your court fees, you’re actually paying the salary of the judge’s court recorder, or paying for the copy machine they use to print your probation order. According to this source, local courts get up to 26% of their operating budget from their own generated revenues (fines, costs and imposed penalties. Not from holding bake sales).
Courts across Michigan generate $418 million per year to fund their own operating expenses. They don’t raise $418 million by finding people innocent.
But wait, there’s news. The 5th Circuit Court of the United States Court of Appeals just ruled that when judges have a personal interest in collecting costs from a defendant, they have a conflict of interest. The court said that they can’t rule in a case where their own court stands to benefit. In the 5th Circuit Court case, the judges personally didn’t benefit, but their staff salaries and operating expenditures came from some of the funds collected in court costs. And the U.S. Court of Appeals said nope.
The history of this is a bit twisted. So stay with me.
In 2014, the Michigan Supreme Court decided the People v. Cunningham case. That case threw half of a wet blanket on court fees. The Michigan Supreme Court said that the court couldn’t impose a cost unless they were authorized by the legislature to impose that cost.
And what do you think the legislature did? They ran out and passed a law that authorized the courts to collect fees. But that law is only in effect until 2020.
So someone challenged that by bringing a new court case, People v. Cameron. The Michigan Court of Appeals upheld the new law as constitutional. The Michigan Supreme Court declined to look at the case.
But in the meantime, someone saw the writing on the wall, because the Michigan Trial Court Funding Commission quietly began working on a new funding scheme that sounds a little more constitutional.
So what the Michigan Supreme Court did was decline to accept the application for leave to appeal, so that $418 million in annual court funding around the state wouldn’t go poof. The Michigan Supreme Court punted in order to give administrators time to figure out how to run the courts and follow the constitution at the same time.
Chief Justice Bridget Mary McCormack more or less admits as much. In her concurring opinion denying leave to appeal, Chief Justice McCormack said that trial court funding is a “long-simmering” problem in Michigan. She said that denying leave to appeal will “allow our current system of trial court funding in Michigan to limp forward.” She then goes on to tell the legislature to pass the new, centralized funding scheme.
Read the rest here – Pretty interesting. The whole website is good. Each city should have one – Dirty Traverse City
It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed.
The legal system made its money and had its glory days and surely they will find new ways to do it, but at this time…
A new bill, introduced in the Michigan legislature could possibly expunge criminal records of those convicted of possession or use of marijuana offenses.
Introduced
by Sen. Jeff Irwin, a Democrat from Ann Arbor, would clear the criminal records
for over 200,000 people without requiring them to apply to the court that
sentenced them.
“Automatic expungement for all of our
lowest-level cannabis offenders allows people to move on with their lives and
making it automatic is essential because many people can’t afford an attorney,
or the legal fees associated with an application,” Irwin said in a release.
“Cannabis is now legal in Michigan and petty offenses in the past should be no
barrier to getting back to work or school.”
No thought is needed…Approval should be automatic…but automatic with the legal system leaves too much room for error. One should hire an attorney…to make sure there are no errors.
According
to Irwin only 6 percent of people eligible for expungement apply because of the
process.
The
bill could also extend to people who were charged with growing or possession
with intent to distribute charges.
The bill will provide an opportunity for people to apply to a judge to expunge their records.
“This
is the next step in ending the unsuccessful prohibition of marijuana that
incarcerated and punished Michigan residents unfairly for decades,” Irwin added
in a release. “After last year’s mandate from voters, I am hopeful that a
majority of legislators will vote to give Michigan residents back the
opportunities that were unjustly taken from them.”
Attorney Michael Komorn stated “Our firm has been fighting for this for many many years. We have fought in the front line trenches for our clients and have many victories. This is just one of the fronts we have been focused on”.
If you are looking to expunge your marijuana criminal record and make sure it is done correctly or maybe you have some other record you would like expunged. Don’t let the system tell you they “automatically” expunged it. You know how the system works you’ve been there…done that. Contact our office at 248-357-2550 for a free case evaluation
