Michigan Criminal Defense Lawyers Blog

Capital Cases in Michigan: When Life in Prison is at Risk

Published on: November 28, 2020 | By McManus & Amadeo PLLC

While Michigan abolished the death penalty in the state constitution in 1964, the term “Capital Case” now has a new meaning in our state, and this is life in prison. While many advocates, including those of the ACLU (www.aclu.org), stand against the death penalty, many feel that a life sentence in the Michigan Department of Corrections (www.Michigan.gov) is a penalty far worse than death. For those charged with a capital case, choosing the attorney to fight for their freedom becomes the most pivotal of decisions. Today, we spoke to several of the top lawyers in the State of Michigan to discuss how to combat a capital case.

Matthew McManus is the Managing Member of McManus and Amadeo (www.mcmanusamadeo.com) in Ann Arbor, Michigan, and his firm has over 100 capital cases currently in litigation. McManus spoke on the subject when he said, “The capital case is a concept where the stakes could not be higher. We often get a private polygraph done with retired Michigan State Police Officer Andrew Longuski (www.propolygraphllc.com) to see if the defendant can pass a test. If you can pass a Longuski test, we then ask for a police test. Sadly, many prosecutors on a case such as this do not care about polygraph results, but the test certainly has value in other aspects of litigation.”

Jennifer Kelley is a Senior Associate for McManus and Amadeo and one of the top family law attorneys in Michigan. Kelley stated, “When we have this type of case, we often research the surroundings of the defendant. If the alleged victim is a family member or a former relationship product, we find out if there is a motive. In many of these cases, there is limited or no physical evidence, and the prosecutor is simply taking the word of someone.”

The Polygraph: A Ticket to Freedom or Incarceration?

Published on: November 27, 2020 | By McManus & Amadeo PLLC

The polygraph is an issue that has been at the center of a great deal of controversy in Michigan. The polygraph, also known as the “lie detector test,” is a way for law enforcement to gauge whether or not a criminal defendant is telling the truth. The test has been compelling in rape (CSC) cases, and the Michigan Legislature has taken notice with a statute giving the defendant a statutory right to take the test. MCL 776.21 (5) allows a criminal defendant to have a statutory right to have a polygraph when charged with a CSC. What many fail to realize is that MCL 776.21 (2) explains that a law enforcement officer cannot offer a polygraph to the alleged victim. We are faced with the question of whether our legislature is looking to preserve the rights of the defendant or if they seek to extend confessions in prosecutions. To discuss this matter more, we turned to several of the top lawyers in the state of Michigan for insight into the issue.

Matthew McManus is the Managing Member of McManus and Amadeo in Ann Arbor, Michigan, and one of the state’s top business attorneys. While the polygraph is a concept born in the criminal law sector, McManus has become a pioneer in advocating for the polygraph in other fields. McManus stated, “The point of the polygraph is to get to the truth of the matter. In any form of litigation, we are supposed to be telling a story based upon the truth. We find in business settings; this can be helpful. Still, in heated discussions, we need to remember that criminal prosecution can arise at any time, so you need a strong private test to proceed as the risk is lessened.”

Jennifer Kelley is a Senior Associate for McManus and Amadeo. She is known as one of the top divorce lawyers across Michigan. Kelley provided commentary when she said, “We have utilized polygraphs in divorce matters of late. An interesting way to gauge the truth is to see if both parties are willing to engage in a polygraph. When one party is, and the other is not, that can tip the scales, but like Matt (McManus) stated, we need to gauge criminal consequences before enlisting the test. Bill (Amadeo) has always been a big proponent of the polygraph in that area.”

Will COVID-19 Compromise Washtenaw County Courts?

Published on: November 12, 2020 | By McManus & Amadeo PLLC

COVID-19 has continued to wreak havoc on the criminal justice system in Michigan. The number of COVID- 19 cases and hospitalizations continue to surge across the State of Michigan, with 6,008 new cases reported on Wednesday, Nov. 11, 2020. With this new surge of cases, it has caused many to consider the hard-hit possibility of a second shutdown. With county court systems all taking different approaches, the impact on Washtenaw County seems extremely significant. With caseloads that continue to grow and a new power structure in place, Washtenaw County is a community that is at the center of the COVID-19 controversy.

The Washtenaw County Circuit Court will experience a great deal of change. Tracy Van den Bergh won the seat that was vacated by the retirement of Judge David Swartz. Van den Bergh brings a wealth of knowledge with her career at the Michigan Attorney General’s Office and a successful career in social work which will add a new layer to the 22^nd Circuit Court. Eli Savit is taking over as the new prosecutor at the Washtenaw County Prosecutor’s Officer and appointed Detroit attorney Victoria Burton-Harris whom was known as one of the top criminal defense lawyers in Michigan and ran a very spirited race against Wayne County Prosecutor Kym Worthy. Savit and Burton-Harris have the potential to bring a fresh perspective to Washtenaw County with a “Restorative Justice” platform. While the future looks bright with leaders such as Van den Bergh, Savit and Burton-Harris at the helm, COVID-19 looms large on the immediate future of the county. To gain insight into this issue, we spoke to three of the top lawyers in Washtenaw County to gain their insight.

Jennifer Kelley is a Senior Associate for McManus and Amadeo in Ann Arbor, Michigan and is known as one of the top family law attorneys across the state. When asked about the impact of COVID-19 on Washtenaw County, Kelley said, “This is an issue that Judge Van den Bergh and I discussed during her election. There is a concern that judicial economy will be compromised but as litigators, we need to work as a team with our adversaries right now. We have to not only advocate for our clients but we also have to respect the burden on the court during this pandemic.”

The Atlanta Child Murders: Did Racism Lead to the Conviction of Wayne Williams

Published on: November 11, 2020 | By McManus & Amadeo PLLC

The Atlanta Child Murders was a topic at the center of the criminal justice universe from 1979-1981. The Atlanta murders of 1979–1981, sometimes called the Atlanta child murders, were a series of murders committed in Atlanta, Georgia, between July 1979 and May 1981. Over the two years, at least 28 children, adolescents, and adults were killed. In the April 2020, during a HBO Documentary, “Atlanta’s Missing and Murdered: The Lost Children,” new evidence was presented, making people wonder if the wrong person was convicted of a crime.

The defendant was a young man named Wayne Williams. Williams was born on May 27, 1958, and raised in the Dixie Hills neighborhood of southwest Atlanta, Georgia, the son of Homer and Faye Williams. Both of his parents were teachers. Williams graduated from Douglas High School and developed a keen interest in radio and journalism. He constructed his own carrier current radio station. He began visiting stations such as WIGO and WAOK, where he befriended a number of the announcing crew and began dabbling in becoming a pop music producer and manager. Williams was often being accused of the crimes because of his suspicion of homosexuality in the early ’80s.

As displayed in the documentary, many of the victims’ parents do not believe that Wayne Williams committed these murders. President Reagan’s startling revelation may have been involved in making sure a young black man was unjustly found guilty of these crimes has stirred controversy. To discuss this matter in greater detail, we spoke to several of the top lawyers in the State of Michigan to gain their insight.

Biden, Trump, Covid-19 and the Legal Ramifications of the 2020 Presidential Election

Published on: November 10, 2020 | By McManus & Amadeo PLLC

With the 2020 United States Presidential Election over (maybe?), and Covid-19 still leaving an impact on our country, the judiciary has been dealt with many obstacles. What will President Joe Biden do when he takes over at the helm? How will the historic victory of Kamala Harris impact and inspire society? Will Donald Trump fight the election all of the way to the United States Supreme Court? Will Covid-19 continue to wreak havoc on our daily lives? To gain insight into these issues, we spoke to several of the top lawyers in the State of Michigan.

Matthew McManus is the Managing Member of McManus and Amadeo in Ann Arbor, Michigan. When asked about the impact of the election and the continual issue of Covid-19, McManus said, “We are living in very different times. Whenever there is an election, things are bound to change. We saw this when President Obama took over in 2008 and we witnessed a dramatic transition with the election of Donald Trump in 2016. The number of voters has sent a message that Americans are becoming very active politically and this will have a profound impact on our courts.”

Jennifer Kelley is a Senior Associate for McManus and Amadeo and has quickly developed a reputation as one of the top divorce lawyers across the State of Michigan. Kelley added, “Whenever there is a heated presidential election, you can expect a lot of change. President Biden has a very different agenda than President Trump had. Covid-19 clearly has an agenda of its own. We hope that courts will resume in the near future, until then, we are using Zoom and having limited live appearances. There is no question that as officers of the court, we need to continue to adjust to preserve justice and people need to adapt to change. These are historic times.”

Shiawassee County Prosecutor’s Race: A Crucial Election

Published on: August 22, 2020 | By McManus & Amadeo PLLC

On November 4, 2020, the people of Shiawassee County, Michigan, will decide who will be their prosecuting attorney for the next four years. The election pits incumbent Scott Koerner against defense attorney Robert Hinojosa. With Shiawassee County playing such a vital role in Michigan news of late, the prosecutorial race has become on the most discussed elections in recent years. Topics such as the candidates’ history, the level of crime in the community, and the issue of preliminary examinations have taken center stage in Corunna. The history of both candidates has become a water cooler talk both in Shiawassee and surrounding communities. Today we will look at both candidates and their history in the legal profession.

“Scott Koerner”

Scott Koerner is the incumbent, and before joining the Shiawassee County Prosecutor’s Office, he was known as one of the most successful criminal defense attorneys in the state. Koerner has tried numerous jury trials, including two that gained national attention where children in the Shiawassee community were victims. Koerner serves on the services on the board of Voices for Children Child Advocacy Center and plays a vital role in both the Shiawassee County Mental Health and Drug Courts.

FAQs Surrounding Counties Scouting Reports

Published on: July 21, 2020 | By McManus & Amadeo PLLC

Many times in the field of criminal law there are questions that need to be answered. We have received emails and texts on certain issue which will help people navigate the criminal justice system. We will provide insight on issues below:

Question I: My son is being investigated for a CSC in Washtenaw County. The Michigan State Police have asked my son to take a polygraph. Should I allow my son to take the test? My son is 16 and has learning disabilities.

Answer: Washtenaw is in a transition right now. The Brian Mackie regime is close to an end and either Eli Savit or Arianne Slay should take the office in another direction. With that said, under the current administration most people are getting charged with a CSC based on a mere allegation. There are two prosecutors in that office that are abusing bonds and overcharging. When a young person gets charged it is always a difficult situation for the family but I much rather deal with the charge and fight from there as opposed to submitting a child with disabilities to a police polygraph. You do not have the right to counsel at the polygraph. There is a lot more that goes into this situation but that will provide some insight.

The Michigan Criminal Justice System: Race Plays a Role

Published on: July 11, 2020 | By McManus & Amadeo PLLC

Many of us that practice law decided to do so because we did not want to deal with numbers. As any good criminal lawyer will tell you, numbers can be manipulated. Still, when statistics are clear, the court officers need to examine the numbers, no matter how ugly that may appear. In Michigan, we are in a time of crisis in our criminal justice system. With COVID-19 creating a new normal, we see time for a change. Sadly, one difference that is not present is the number of black men and women behind bars. Depending upon one’s political affiliation, a subjective slant is presented. President Donald Trump has called for more significant incarceration while leaders such as Bernie Sanders have called for “Restorative Justice,” a term that is opened to interpretation. To understand the numbers, the issues, and the current state of events, we spoke to several of the top lawyers in Michigan.

Matthew McManus is the Managing Member of McManus and Amadeo in Washtenaw County, Michigan. McManus is known as one of the top legal minds in Michigan and provided insight into the numbers. McManus said, “The data is startling. In our state, black people make up 15% of the population and 53% of the prison population at the Michigan Department of Corrections. Whatever argument you make, the numbers show a clear problem with our system. Those numbers are hard to believe at first glance, but when you study the issue and break things down by county, the issue becomes one of tragedy instead of legislation.”

Jennifer Kelley is a Senior Associate for McManus and Amadeo and has built a reputation as one of the top family lawyers in Michigan. Kelley added to the McManus commentary when she said, “With a black population of 15% in Michigan, 37% of black defendants are in our jails. While those numbers are disturbing, it becomes even more horrifying when you study the difference between prison and jail. There is a reason why the numbers are more disproportionately in prison than in jail. We have a serious issue that needs to be addressed.”

Releasing Inmates During Pandemic and Beyond: Does Michigan Want to Rehabilitate?

Published on: July 11, 2020 | By McManus & Amadeo PLLC

During COVID-19, an issue that many defense lawyers are facing for clients is whether a national pandemic should afford people a second chance at rehabilitation. With COVID still on the rise and many inmates at risk for their life, we have to wonder, are we genuinely concerned with improvement? To discuss this issue in greater detail, we spoke to several of the top lawyers in Michigan.

Matthew McManus is the Managing Member of McManus and Amadeo and has built a reputation as one of the legal community’s sharpest minds. McManus, who wrote several successful, compassionate release motions provided insight when he said, “There is certainly a communication problem. On plea deals, we still see PSI’s that do not take into account COVID-19 and even disregard sentence agreements that are in place. There is no question that probation has a difficult job, but we have seen some PSI’s that are illegally written requesting violation of the “Tanner-Max” rules. It is disturbing that this would happen during COVID. The quick answer is, let’s try every case if we cannot work towards rehabilitation.”

Jennifer Kelley is a Senior Associate for McManus and Amadeo and has built a reputation as a top family law attorney. When asked about releasing inmates during the pandemic, Kelley stated, “Each case needs to be dealt with subjectively. Regardless of the offense, if somebody is older and in the frail condition, they need to play a role in early release. The whole point of prison is to rehabilitate, not strictly to punish. When we put the aging into the prison system, it places their lives at risk and adds to the taxpayers’ burden. Socioeconomics and morality have to play a role in these decisions.”

Pennsylvania Law Cuts Into Institutional Racism

Published on: July 11, 2020 | By McManus & Amadeo PLLC

A new Pennsylvania law will take steps towards eliminating institutional racism. On July 1, Gov. Tom Wolf signed legislation that forbids the state’s licensing boards from automatically disqualifying applicants because of their criminal history.

Previously, it didn’t matter how long ago a crime occurred or whether the offense had any relation to the license’s qualifications. The rules often shut convicts out.

Now, each situation must be reviewed on its merits, and within the profession, they want to enter. Details of the legislation are still left up to interpretation, but this is a step in the right direction for those that have been into the criminal justice system. To learn more about this law and see how it may affect Michigan, we spoke to several top lawyers in our state to gain their insight.