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Dismissed
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Fetal Alcohol Syndrome is a condition that affects an individual before their birth. Many defendants in the criminal justice system have suffered from this syndrome without ever expressing such to their attorneys. Today, we will explain the syndrome and gain insight from leaders of the Michigan legal community.

Fetal alcohol syndrome is a child’s condition that results from alcohol exposure during the mother’s pregnancy. Fetal alcohol syndrome causes brain damage and growth problems. The problems caused by fetal alcohol syndrome vary from child to child. Still, defects caused by fetal alcohol syndrome are not reversible. In addition to physical defects, quite often, the psychological issues associated with the disease can help in the criminal defendant’s advocacy.

Matthew McManus is the Managing Member of McManus and Amadeo is Ann Arbor, Michigan. (https://www.mcmanusamadeo.com/matthew-c-mcmanus.html) McManus has written successful briefs and memorandums on this topic. When asked for insight, McManus stated, “When you research this topic, you should start by going to the Mayo Clinic’s website. (https://www.mayoclinic.org/). A quick study displays that when alcohol enters your bloodstream and reaches your developing fetus by crossing the placenta. Exposure to alcohol before birth can harm the development of tissues and organs and cause permanent brain damage in your baby. Later in life, if the baby becomes a criminal defendant, a good defense lawyer can trace an argument back to this condition.”

In Michigan, the number of CSC (Rape) allegations has been on the rise. While a CSC is deemed one of the most severe crimes in the criminal justice system, it is also a crime where there is rarely physical evidence. There is a theory that many complaining witnesses make up false allegations and believe those allegations to be true. This is what we call a “Fixed False Belief,” which has become a critical component of CSC cases.

When we look at the concept of “Fixed False Beliefs,” we look to the theory of delusions.  According to the Johns Hopkins Psychiatry Guide, we define a delusion as a fixed belief that is not amenable to change in conflicting evidence. As a pathology, it is distinct from a belief based on false or incomplete information, confabulation, dogma, illusion, or some other misleading effects of perception. Individuals with these beliefs can change or readjust their beliefs upon viewing the evidence for these beliefs.

Delusions have been found to occur in the context of many pathological states (both general physical and mental). They are of particular diagnostic importance in psychotic disorders, including schizophrenia, paraphrenia, manic episodes of bipolar disorder, and psychotic depression. To discuss how fixed false beliefs play a role in the criminal justice system, we spoke to several of the top attorneys in our state to gain their insight.

Editor’s Note:  This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed. CM=Carly McGregor, Officer=Defendant’s father, the other parties will go by their initials MM,=Matt McManus, JK=Jennifer Kelley, BA=Bill Amadeo, NS=Nick Sanderson).

Part IX of this series will deal with the sentencing.

CM:  On the day of the sentencing, what were you thinking?

Editor’s Note: This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed. CM=Carly McGregor, Officer=Defendant’s father, the other parties will go by their initials MM,=Matt McManus, JK=Jennifer Kelley, BA=Bill Amadeo, NS=Nick Sanderson).

Part VIII of this series will deal with the second motion day that ended up in a plea in Circuit Court.

CM:  The next step was the second motion date, tell us what you are feeling at this point?

Editor’s Note:  This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed. CM=Carly McGregor, Officer= Defendant’s father, the other parties will go by their initials MM,=Matt McManus, JK=Jennifer Kelley, BA=Bill Amadeo, NS=Nick Sanderson).

Part VI of this series will deal with the first circuit court appearance and another case that hit close to home. Tensions flared with Bill (Amadeo) and the father of the defendant and the past of both parties came to a collision course.

CM:  What were you thinking when the matter wen to circuit court?

“The Clayton Motion” is a criminal motion to dismiss an indictment in the interest of justice.  The action has garnered national recognition since it’s mention in the hit television series “For Life.”  Aside from its popularity in pop culture, motion is a powerful technique that has played a role in preserving justice in the New York criminal justice system and now has a chance to impact the Michigan criminal justice system with the encouragement of forwarding thinking prosecutors.

According to New York’s Criminal Procedural Law Section 201.40, An indictment or any count thereof may be dismissed in furtherance of justice, as provided in paragraph (i) of subdivision one of section 210.20, when, even though there may be no basis for dismissal as a matter of law upon any ground specified in paragraphs (a) through (h) of said subdivision one of section 210.20, such discharge is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance demonstrating that conviction or prosecution of the defendant upon such indictment or count would constitute or result in injustice. In determining whether such compelling factor, consideration, or circumstance exists, the court must, to the extent applicable, examine and consider, individually and collectively with the characteristics listed within the statute. To discuss these factors, we spoke to several Michigan attorneys to gain their insight.

Matthew McManus is the Managing Member of McManus and Amadeo in Ann Arbor, Michigan, and is known as one of the top business attorneys in our state but has ties to New York.  McManus stated, “Growing up in Brooklyn, the Clayton Motion was something that we regularly discussed. The first factor the courts look at is “the seriousness and circumstances of the offense,” and that could place a barrier immediately to a successful motion. We need to remember that the presumption of innocence is in effect at all times, and just because a prosecutor issued a charge that may be deemed severe, the court needs to look beyond the information in the complaint objectively.”

(Editor’s Note:  This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed).

Part IV of this series will deal with the preliminary exam and what happened that day and the strategy that occurred.

CM:  Can you explain what the preliminary exam is and how are you familiar with them?

(Editor’s Note:  This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed).

Part IV of this series will deal with the topic of the District Court and the 2 weeks from when the case was adjourned for another Probable Cause Conference (PCC).  The father/officer of the defendant explains what happened at the District Court level. CM=Carly McGregor, Officer=Subject).

CM:  So when you hired Bill (Amadeo) what happened?

What if I told you that a bag of peanut M & Ms was what led to a false confession? Would you believe me?  And wouldyou believe that the reason an individual made such a confession was because they wanted the M & Ms so bad they told the police what they wanted to hear?  Today, we are going to discuss the topic of the confession and what can lead to one making an admission to something that they did not do.  

The story starts with a young man that was questioned by the Michigan State Police. The young man was a suspect of a crime.  He went into the police station and took a police polygraph.  He was never read his Miranda Warnings and was at the station for 7 hours.  The young man had mental health issues and all he wanted to do was leave the station.  He was tired and he was hungry.  The officer asked if the young man liked some candy.  He responded that he would love some peanut M & Ms.  The officer said he could have the M & Ms if he would just tell the police a few things.  From there the camera accidentallywent off but luckily for the prosecution, a written statement was present.  The young man got his M & Ms and also got life in prison for a murder that DNA proved was not his.  We hear horror stories of the West Memphis Three, The Central Park Five and Brendan Dassey. While all of these cases are tragedies, there are so many other that tragically fall under the radar.  To combat this issue, the qualified criminal defense lawyer needs to bring in a false confession expert.  Today, we spoke to several of the top lawyers in the state of Michigan to discuss the 6-step process of how you should make your argument at the Daubert Hearing for the False Confession Expert.

Step I:  The Introduction.  This is when you lay the foundation for who your false confession expert is. This will generally be 5 to 7 questions that will connect the expert with your judge.  Matthew McManus is the Managing Member of McManus and Amadeo in Washtenaw County, Michigan and is known as one of the top brief writers in the state of Michigan.  When asked about the introduction, McMauns stated, Its like the first quarter of a football game. You want to start strong.  You do not need to go too long but you need to set the tone.  Short and Sweet after you provided the CV for your expert and you start off on the right foot.

(Editor’s Note:  This series will be highly controversial, and the privacy of the article’s subject has demanded to remain nameless for their safety and respect for their family. The only attorneys present for this series of interviews are employed for McManus and Amadeo and include Matthew McManus, William Amadeo and Jennifer Kelley. A non-disclosure agreements have been signed).

Part III of this series will deal with the topic of the attorney switch. The father/officer of the defendant in this case did go through previous counsel before they ended up with William Amadeo as their lawyer.  The journey and why the switch was made is a journey that was surprising. (CM=Carly McGregor, Officer=Subject).

CM:  Was Bill (Amadeo) the first lawyer that you had?

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