Wednesday, January 30, 2013-DAILY PRESS ARGUS 3A (517) 548-2000 Court (517) 548-7125 News Briefs 4A NEWSROOM County Obituaries. Malott METRO EDITOR More county news Police PRESS ARGUS COURTS Casteel report goes to court Competency exam for I-96 shooting suspect completed Raulie Casteel of Wixom listens as he's ordered to undergo a forensic competency and criminal 1 responsibility examination in Oakland County District Court on Nov. 14. Casteel is accused of shooting at motorists in four counties along the Interstate 96 corridor last fall. Three of those shootings took place in Livingston County.
ASSOCIATED PRESS FILE PHOTO COURTS Defense attorney granted appeal By Lisa Roose-Church DAILY PRESS ARGUS The Michigan Court of Appeals has agreed to hear a Madison Heights attorney's appeal of a Livingston County judge's ruling that booted him from representing two women on charges they sold synthetic marijuana. Defense attorney Timothy Corr alleges that District Judge L. Suzanne Geddis' ruling booting him from representing two women from Smokers Depot on Lawson Drive in Genoa Township in a criminal case violated his clients' Sixth Amendment right to choose their own counsel. "While the wheels of justice may sometimes turn slowly, our system can work," Corr said Tuesday. Corr was in the middle of a preliminary exam for Melissa Dzierwa and Ronda Roszak when the prosecution told the judge that a plea offer was being considered for one of the defendants.
Corr said that alleged plea offer has not been made. Geddis ruled that representing both women would be a conflict of interest, and she ordered the women to find new attorneys. Livingston County Circuit Judge Michael P. Hatty upheld that ruling. Corr alleges that the prosecution's motion coming during the preliminary examination to disqualify him was "frivolous" and "more harmful" because it puts the prosecution in a position to thwart a defendant's "fundamental constitutional right to counsel of choice, but also negates the possibility of any constitutionally valid waiver." He said Roszak and Dzierwa adamantly proclaim their innocence and have no desire to accept a plea bargain or to turn against the other.
That sentiment is confirmed through affidavits from two separate attorneys the women consulted as ordered by the judge. Roszak each Dzierwa and are charged with one count of possession with intent to distribute a synthetic marijuana product known as Gods of Aroma. In a prior hearing, a Michigan State Police sergeant testified that officers seized about 6 pounds of suspected synthetic marijuana from Smokers Depot during an April 26 tobacco-compliance check. Lab tests revealed the product contained the chemical JWH-018, which was banned as a controlled substance in 2011. Corr, however, argued that Roszak, 41, and Dzierwa, 27, believed the product was legal based on a lab report they received from the seller.
Contact Daily Press Argus reporter Lisa Roose-Church at 517-552-2846 or at Follow her on Twitter. a By Lisa Roose-Church DAILY PRESS ARGUS The results of the forensic competency and criminal responsibility examination for the accused Interstate 96 corridor shooter will be submitted to the court today. This exam for Raulie Casteel was ordered for the terrorism case charged by state Attorney General Bill Schuette against Casteel in December. The proceedings will take place before Judge Carol Sue Reader in Livingston County District Court in Howell. Joy Yearout, a spokeswoman for the attorney general's The 24 shootings three of office, declined to say whether which occurred on I-96 in Livthe report indicates if Casteel ingston County and the rest is competent for trial.
along trunk lines and side Casteel faces a seven-count streets in Oakland, Ingham and complaint in Livingston Coun- Shiawassee counties took ty alleging terrorism for shoot- place Oct. 16-18 and Oct. 27 and ing.at motorists along the I-96 spanned a 100-mile-long area. corridor in Livingston, Shi- Police' allege Casteel ranawassee and Ingham counties. domly fired a 9 mm handgun at He also faces 66 felony motorists traveling in the oppocharges for shootings in Oak- site direction.
land County, most of them Of the 24 incidents, only one around the Wixom area. person was injured. The Livingston complaint is Contact Daily Press Argus being prosecuted by the attor- reporter Lisa Roose-Church at ney general's office, while Oak- 517-552-2846 or at ganland County will prosecute the nett.com. Follow her that occurred there. RooseChurch on Twitter.
Family fun at the Howell Conference and Nature Center The Trikes family tries snowshoeing Sunday at the Howell Confer- friend Walter Hladchuk, 10; Lillian Trikes; Cosmo Trikes, 13; and ence and Nature Center's SnowOUT event. From left are family Stephen Trikes, 10. PHOTO BY GILLIS PRESS ARGUS COURTS Judge orders Bonners to demolish homes By Jim Totten by demolishing all structures on the properties." Dubuc said he had six experts waiting to tesDAILY PRESS ARGUS The order was welcomed by the city attor- tify Tuesday that there was no nuisance at the ney's office, which typically doesn't comment houses and permits were not required to fix the A Livingston County judge ordered Marilyn on pending litigation but made an exception existing problems. He said Hatty denied his and Leon Bonner to tear down their two vacant with this ruling. request to let the experts testify.
houses in downtown Brighton and closed the "The city attorney's office is pleased with the The city originally wanted the houses demolcase that has dragged on for four years. decision of Judge Hatty," said Brad Maynes, ished, arguing the structures were beyond However, the two houses won't be demol- city attorney. repair and unsafe, but the Bonners were sucished anytime soon, and the case will likely "The city attorney's office believes the rul- cessful in halting that action when the court continue. ing is legally correct and appropriate under the ruled part of a Brighton ordinance was Bonners will never tear those homes circ*mstances to make the properties safe," stitutional. down," said attorney Dennis Dubuc, who rep- Maynes said.
According to court documents, the water resents the Northville couple. Dubuc said his clients have no plans to was cut off during a dispute between the will appeal next week," Dubuc said. demolish their houses. ners and the city in the 1970s and was never On Tuesday, Livingston County Circuit Judge He called it an "erroneous decision." turned back on even though the Bonners preMichael P. Hatty ruled the Bonners had not com- "The judge pulled a Pontius Pilate and vailed in that suit.
Leon Bonner said he didn't plied with his earlier order to get permits washed his hands of everything," Dubuc said. pursue the water issue because he grew tired the houses. He ordered the Bonners to Dubuc said the Bonners applied for permits, of the litigation, and it was expensive. "abate the nuisance posed by the properties but the city denied the request saying it was Contact Daily Press Argus reporter Jim Totten located at 116 E. North St.
and 122 E. North St. incomplete. at 517-548-7088 or at POLITICS County Board of Com Commissioners eyes candidates for vacant seat Carol Griffith, chairwoman of the Livingston County Board of Commissioners, said there's a good quality of diverse candidates seeking to fill a vacancy on the county board. On Monday, the board interviewed the four candidates: Michael Tipton, Michael Brennan, Tom Huff and Don Parker.
Griffith said the board will select someone to fill the vacancy at its Monday meeting next week. "I think what was most impressive is these candidates are engaged in the community," Griffith said. "They all have that desire to serve and give back to the community." The vacancy was created when Jay Drick resigned from POLITICS Jim Totten DAILY PRESS ARGUS the county board and was at the meeting Monday. Comappointed Livingston County missioners also had a chance District Court magistrate this to ask questions. month.
The questions included why The vacant seat is for Dis- they were interested in the trict 5, which covers the city of position, what skill sets they Howell, Howell Township and had, what time commitment Cohoctah Township. The term they could make, and what expires in December 2014. they felt the county had done The county will appoint a successfully and what areas temporary replacement, and could be improved. two special elections will be Tipton was just elected to held so voters can elect a per- the Howell Township Board of manent candidate. A special Trustees, and Parker previousprimary will be held May 7, ly served on the county board.
and a special general election Griffith said she's excited will take place Aug. 6. about the two newly elected The filing deadline for the board members, Gary Childs primary is 4 p.m. Feb. 12.
and Bill Green, and filling the Griffith said seven candi- vacancy on the board. dates submitted letters of "We're off and running and interest, but three decided to feeling it's going to be a very withdraw from consideration. good year in 2013," she said. She said the candidates were Contact Daily Press Argus sent a list of five questions and reporter Jim Totten at 517-548- gave their responses in person 7088 or at COURTS Jury selection gets under way in trial of Brighton man MIAMI (AP) Jury selection was to begin' Tuesday in Miami federal court for the trial of a Michigan man accused of abusing children in his care in Haiti. Matthew Andrew Carter of Brighton has been in custody since his May 2011 arrest.
He faces several charges, including one count of traveling from the United States to Haiti for the purpose of engaging in sexual conduct with minors. Carter ran a residential center for poor children in Haiti's capital. Prosecutors say Carter forced several children at the home to engage in sexual acts in exchange for gifts, money or continued care from the mid-1990s through April 2011. The Haitian government took the rare step of closing the home after Carter's arrest. The trial is scheduled to begin Tuesday..
