Medical Examiner Changes Cause of Death in Warren

Medical Examiner Changes Cause of Death in Warren

Feb 7, 2020 | Blog, Komorn Law In The News, Recent Victories, Victories Project

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

Updates and more news

Oakland Press 6-18-20
Dismissal sought after medical examiner changes cause of death in Warren case

Macomb Daily 11/21/20
Bizarre night’ in Warren ends with prosecutors dropping charges

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The Oakland Press Dismissal sought after medical examiner changes cause of …Attorney Michael Komorn, representing co-defendant Chris Twarowski, agreed charges should be dropped and blamed prosecutors and …

 

mlive.com Defense attorneys say drivers should refuse Michigan’s new roadside drug testsKomorn calls the effort of the pilot to detect and identify marijuana as the culprit for impaired driving using roadside tests “absurd.” “The science …

 

mlive.com MichMash: Attorneys accuse Michigan State Police of conflict of interest over breathalyzer probeFarmington Hills-based defense attorney Michael Komorn specializes in DUI and cannabis cases. He says an independent investigation would …

2 weeks ago mlive.com Michigan’s suspected drunk drivers face blood draws during breathalyzer ‘fraud’ investigation“If you refuse, they’re usually going to request a search warrant,” Komorn said. “So they’re still going to get your blood somehow, probably.”.

3 weeks ago WDET Attorneys Accuse Michigan State Police of Conflict of Interest …Farmington Hills-based defense attorney Michael Komorn specializes in DUI and cannabis cases. He says an independent investigation would …

3 weeks ago The Oakland PressIs smell enough to justify search warrant? Bloomfield …However, Carlson’s defense attorney Michael Komorn said the judges failed to address if current Michigan marijuana law can be applied …

MLive.com Michigan roadside drug testing pilot program expands to all countiesAttorney Michael Komorn of Komorn Law in Farmington Hills questioned the testing pilot program, saying it is based on “junk science” and the …

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MLive.com New laws, weak cases prompt Michigan attorney general to dismiss marijuana charges”We’re delighted to hear that the attorney general had the courage to dismiss against the Sochackis,” said Michael Komorn, lawyer for Matt and …

MLive.com Cannabis advocates sue to remove marijuana from controlled substances list in Michigan“This is not a controlled substance,” Komorn said. “The idea that someone would be growing an opioid … and bringing it to a pharmacy …

Macomb judge allows medical marijuana use on probation

Macomb judge allows medical marijuana use on probation

Feb 5, 2020 | Blog, Komorn Law In The News, News

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

Read the rest HERE
Defense attorney says drivers should refuse Michigan’s new roadside drug tests

Defense attorney says drivers should refuse Michigan’s new roadside drug tests

Jan 14, 2020 | Blog, Komorn Law In The News, News

 

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

 

Defense attorneys say drivers should refuse Michigan’s new roadside drug tests

 

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Jan 13, 2020
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New laws, weak cases prompt Michigan attorney general to dismiss marijuana charges

 

Feb 25, 2019
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Jan 23, 2019
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Michigan officials grapple with CBD oil regulation

 

Jan 16, 2019
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Recreational weed may spark up Michigan’s medical marijuana industry

 

Jan 09, 2019
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Medical marijuana shortage pushes officials to consider breaking their own rules

 

Nov 29, 2018
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Adding CBD oil to food and drinks is illegal, Michigan officials say

 

Mar 30, 2019
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Medical marijuana shortage will be filled by caregivers

 

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 …

 

 

 

 

 

 

Roadside drug testing pilot won’t be complete until after November election

 

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 …

 

 

 

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Michigan Supreme Court Gives OK to Phones in Courts

Michigan Supreme Court Gives OK to Phones in Courts

Jan 9, 2020 | Michigan Supreme Court

The Michigan Supreme Court says the public can bring laptops, tablets and phones into local courthouses.

The public can now bring cell phone, tablets and laptops into Michigan courthouses under a groundbreaking policy announced Wednesday by the state Supreme Court.

The new rule covers the use of electronic devices in courtrooms and clerk’s offices, where public documents are stored.

Of course many elected clerks had opposed the policy during the drafting stage because it would allow people who voted for them to copy PUBLIC RECORDS and avoid fees source of revenue beyond what they are already absconding anyway.  Surely they will make it up somewhere else like the government always does.

The rule change improves access and “will help make sure the doors to our courts are open to all,” Chief Justice Bridget McCormack said.

The public can bring electronic devices into courtrooms to take notes, use the internet or exchange email and text messages, under the rule, which starts May 1 in circuit, district and probate courts.

Photos or video are prohibited unless approved by a judge.

Copies of court documents can be made as long as the “device leaves no mark or impression on the document and does not unreasonably interfere with the operation of the clerk’s office,” the rule states.

The rule says judges can restrict devices if the activity “is disruptive or distracting to a court proceeding.”

Policies regarding phones have varied throughout the state. In Macomb County and Kent County the courthouse allows phones but Oakland County and the Wayne County criminal courthouses do not.

Source: AP – Read More

Is smell enough to justify search warrant? Bloomfield Township man appealing decision on marijuana case

Is smell enough to justify search warrant? Bloomfield Township man appealing decision on marijuana case

Oct 15, 2019 | Blog, Uncategorized

Nearly a year after voters approved adult use of recreational marijuana, Oakland County resident Kevin John Carlson continues to fight a possession/intent to deliver case, which he believes stems from a search warrant that should never have been granted.

Carlson, 30, was charged in early 2018 after police searched his Bloomfield Township home and reportedly found marijuana and other evidence — months prior to cannabis being legalized in Michigan. At the time Carlson was a registered marijuana patient and caregiver, legally allowed to have a certain amount of cannabis.

The magistrate who issued the search warrant — based on police reportedly smelling marijuana outside the home — was wrong to do so because it wasn’t based on probable cause, Carlson claimed.

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The court further found that the 2008 Michigan Medical Marihuana Act didn’t shield Carlson from the search, stating “the police were not obligated to determine, before obtaining a search warrant, the legality of the marijuana-related activities inside the defendant’s home and whether the defendant’s activities complied with the MMMA.”

However, Carlson’s defense attorney Michael Komorn said the judges failed to address if current Michigan marijuana law can be applied retroactively and are wrong in not considering its relevancy, as well as the state reclassification of medical marijuana as a Schedule II drug — permitted for some use. Carlson’s case is next headed to the Michigan Supreme Court for consideration, which earlier had remanded it to the Court of Appeals.

“This case is important for Fourth Amendment issues (regarding protection against unreasonable search and seizure) for constitutional reasons,” Komorn said, “and for the citizens of Michigan…just because somebody is doing something suspicious, that’s not enough for probable cause.”

Read the rest of the story HERE at the Oakland Press

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