Missing mother abducted from parents' house by estranged husband - husband sentenced to life without parole

By Rex Hall Jr.

Kalamazoo Gazette

April 26, 2010, 5:03PM

COLON TOWNSHIP — Police are searching for a missing St. Joseph County woman who is believed to have been abducted Monday morning by her estranged husband, authorities said.

 

Venus Rose Stewart, 32, was taken some time between 7:10 and 8:30 a.m. from her parents’ home in the 55000 block of Driftwood Drive in Colon Township, according to Michigan State Police. Police said Stewart, who was last seen wearing pajamas, may be with her estranged husband, Douglas Harrie Stewart, 29.

“We have information to believe she did not leave voluntarily,” said Lt. Mike Risko of the State Police Post in White Pigeon.

Police said the Stewarts may be traveling in a 1998 silver Mercury sedan with Virginia license plate XNP1453 or a silver full-size Dodge Ram with four doors and Virginia plate XNP1301. Douglas Stewart lives in Newport News, Va., and police believe the two may be headed there.

Risko said Venus Stewart formerly lived in Newport News but had moved back to Michigan where she was living with her parents and children. He said Venus Stewart’s father and children were asleep at the house in Colon Township at the time that she is believed to have been abducted. The lieutenant declined to say Monday what information police have that leads them to believe that Venus Stewart did not leave her parents’ home willingly.

Police described Venus Stewart as a white female, 5 feet 4 inches tall, weighing approximately 130 pounds with brown eyes and dark hair. Douglas Stewart is described as a white male, 5 feet 11 inches tall, weighing approximately 250 pounds with brown hair and brown eyes.

Police ask that anyone with information about the Stewarts’ whereabouts to call the White Pigeon post at 269-483-7611 or the State Police Regional Dispatch Center in Rockford.

(Update 5-2-11)

Two weeks ago, Doug Stewart was sentenced to life without parole after being convicted of kidnapping and killing his wife. Stewart was sentenced to life without parole on counts of 1st degree intential murder, and conspiracy to commit first degree inentional murder. A St. Joseph jury convicted Douglas of these charges on March 11 after a three week trial.

During the sentencing, which took place on April 18, Venus' brother Dustin Jasper read a statement by their mother, Therese McComb. Jasper was angry at his former brother-in-law for not telling his family where Venus' McComb's body was.

“Don’t you miss her? Don’t you realize how much Brook and Rachel need their mother? This just shows how much you didn’t love them and saw them as pawns to hunt Venus. You’re hurting Mom by not telling where she is at to have a proper burial.”

Jasper then called his sister's murder a sociopath who lied and seduced his sister into the marriage. "He never served in Afghanistan or was a sniper...A pathological liar lies to get sympathy, to look better, to save his butt...A sociopath will quickly proclaim that you are their true love and soulmate,” Jasper said. “They want to move in together or get married quickly.”

St. Joseph County Circuit Judge Paul Stutesman presided over the trial and sentencing.

A week ago, on April 26, 2011,  a vigil was held for Venus McComb in Centreville, MI. It was led by Pastor Don Smith of Firm Foundation Ministries and attended by about 100 people. Pastor Smith said “It was a special day for me. My mother had also dedicated her life to the Lord and was going to be baptized that day...You could see the joy in her face in the midst of the struggles she was going through. Today, the biggest question is, ‘what are we supposed to do without Venus?’ How can something good come out of something so tragic?...We see the life in her legacy just by looking at her daughters. There’s nothing wrong with crying over Venus tonight. We need to mourn.”

Theresa McComb, the victim's mother said, “She made my life complete...She was a free spirit. She loved her little girls more than anything in the world.”

Man gets 12-25 years, woman gets 5 2/3 to 15 years for three way with developmentally disabled daughter

A Fruitland Township, MI man was sentenced to 12-25 years in prison Tuesday, April 12, 2011 after pleading to three counts of 1st degree criminal sexual conduct. He and a Manistee, MI woman were originally charged with three counts of 1st degree and 3rd degree criminal sexual conduct, respectively by Muskegon County officials.

The sexual assault charge stem from both perpetrators having sex with the woman's 21 year old developmentally disabled daughter, described as needing 9 to 16 hours of supervision a day by her case manager and as a girl with the mental capacity of a 10 to 13 year old. Both perpetrators were sentenced by Muskegon County 14th Circuit Judge William C. Marietti.

The victimization of the daughter by then 51 year old Mark Wayne Barnhard and her then 46 year old mother took place over several months in 2008, with the victim undergoing a sexual assault examination April 23, 2009. Both offenders were originally arraigned in May 2009.

According to a Muskegon County Sheriff's report, Barnhard -- using the alias "Mike Bradford" -- met the woman in an online chatroom more than a year and a half ago. He told police that the two later met in person and began having sex on numerous occasions at his Fruitland Township home.

At some point, Barnhard and the woman -- both married to other people -- decided they wanted to have a "three way" and the woman brought her 21-year-old mentally impaired daughter to Barnhard's house to participate, the report said.

Authorities were alerted to the alleged sexual abuse after the 21-year-old victim told her aunt that she might be pregnant by Barnhard. It turns out she was not, according to the report. Barnhard told investigators that both he and the victim's mother performed sex acts on the daughter.
"It was a secret life I had," he told investigators.

The mother was sentenced to 5 2/3 to 15 years imprisonment by Judge Marietti on September 15, 2009. The victim's aunt, now her guardian, said "when she gets dressed, there's not enough layers of shirts and sweaters."

When the young woman first arrived in her aunt and uncle's home, she barely spoke, and her family could see "fear in this young girl's eyes."

The victim's impact statement, read during the first sentencing by a family friend, said, "You did a very bad thing to me and let bad things happen to me...Why did you do this?" When the victim wanted the abuse to stop, instead of stopping,"you yelled at me and told me not to be a baby...You made me feel dirty and told many lies. I never want to be anything like you, Mom...I will never forgive or forget you, Mom... I hope you'll be gone for a long time."

Judge Marietti said that "this is probably the most outrageous and disgusting scenario that I have ever come across. It actually is beyond belief." Robert Hedges, a 22 year prosecutor in the Muskegon County court system, said "It's just awful. Even in the animal world, mothers care for their children."

Barnhard plead guilty to his three counts of 1st degree CSC on March 2, 2011, and was able to stay out on bond until his sentencing. At the sentencing, the family friend read another letter from the victim, this time directed at Barnhard. “Auntie wakes me up and I'm afraid to open my eyes, because I'm afraid it will be you. I scrub my skin until it's red and I can't feel clean. … Auntie and I moved far away and I still can't feel safe.” The aunt asked Barnhard, "Does it make you feel like a big man that this little girl's afraid of you? Calling you a monster is too good for you.”

Sterling Heights man who kidnapped, raped mother of his children gets 26 3/4 to 75 years

A Sterling Heights, MI man was sentenced to 26 3/4 to 75 years in prison in a suburban Detroit courtroom Friday, April 15, 2011 for raping and kidnapping his "girlfriend," the mother of his two children, on New Years Day 2010.  Brandon Jay Smith kidnapped the woman be forcing her into his grandmother's car when she arrived to work at a Green Oak Township restaurant.

The woman testified at a June preliminary examination that Smith was waiting for her when she arrived to work. She said he told her not to resist and not to scream for help. She resisted and she screamed, and Smith grew angrier, the woman said. The woman sat on the ground in an effort to be dead weight, but her 5-foot, 96-pound frame was no match for Smith, at 6-foot-3 and 180 pounds.

She said Smith fled on U.S. 23, where he cut off his electronic tether, he had to wear one as a condition of his sentencing less than a month earlier on charges of aggravated domestic violence against the same woman, and threw it out the window. He put zip ties on her wrists and took the batteries out of both of their cell phones.

Smith told the woman that he was taking her somewhere no one would find her and during that trip north, he told her that he was going to asphyxiate himself and she was going to watch. He also told her that he was going to kill her and if police stopped them, he threatened to kill her in front of them.

The woman said Smith raped her while en route to his family’s camper trailer in Antrim County and again once they reached the site. She was rescued by Antrim County sheriff’s deputies in the early morning hours of Jan. 2, 2010.

Defense attorney Mark Gatesman said that he was proud of his client's taking responsibility. He also said that a factor in his client's favor was that instead of killing his victim should police raid the trailer, he simply surrendered to police.

This view contrasts with some of the statements Smith made to the Center for Forensic Psychiatry.  "My intent was never to hurt her, but she got hurt. We were supposed to go up to the camper, up north. She kept asking why we were going there. I told her that's where I'm going to commit suicide. ... The reason she was with me was she could watch. Never got around to doing it, though. The cops came before I had a chance to."

However, according to presiding Judge Livingston County Circuit Judge Michael P. Hatty, it was Smith's mother who took on her reasonably to the mother of her grandkids to lead them to the camper. Judge Hatty, citing the "horrendous" nature of the case, said "This case came up very short of being a murder case, if the police didn't get there quick enough." According to Prosecutor David Moses, the victim was 45 minutes from death. "She thought she was going to die. She thought she would not see her family again, would not see her children," Moses said about the victim.

Beside the kidnapping and 1st degree criminal sexual conduct counts, Smith was also sentenced for assault with intent to commit great bodily harm, aggravated domestic violence and assault with a dangerous weapon for threatening and cutting the woman with a knife as well as interfering with electronic communications.

The victim's father, who attended the sentencing, said that he thanked the officials who helped find his daughter. "We owe a lot to the police agencies that were involved in this. Those guys did a great job."

Prosecutor given 6 months in jail, SO treatment for assaulting drunk driving defendant

(Original Post 4-24-10)

A former Holland, MI city attorney was sentenced to 6 months in jail, a year of probation, and sex offender treatment for coercing a 21 year old woman into sex in exchange for letting her off on a traffic ticket. 31 year old Carl Gabrielse was formally sentenced Monday, April 19 to 3rd degree criminal sexual misconduct and misconduct in office by Ottawa County Circuit Court Judge Calvin Bosman. If he completes his probation successfully, Gabrielse can withdraw the 3rd degree CSC conviction and plead guilty to a reduced charge of gross indecency between a male and female, allowing him to escape the Michigan SO Registry.

The incident took place with a 21 year old Zeeland, MI woman in a jury bathroom last fall.

Gabrielse, contracted through Cunningham Dalman as a deputy city attorney, was accused of assaulting the woman at the Holland District Court in November. The victim later helped gather evidence so police could arrest Gabrielse.

The victim, who never entered the drunken-driving plea reached with Gabrielse, recently reached a different deal with prosecutors to plead down to impaired driving.

The judge scolded Gabrielse before accepting the plea. "I'm sure you know your biggest crime in this case is your violation of your oath to your wife, your oath to your profession and your oath to your employer. It's a costly violation."

So did the victim's aunt on a local forum.

Let me educate you all about a few things, since you weren't there and don't know all the facts. I was there as I am a relative of the victim. First of all.....she was RAPED! He admitted to RAPE. These things are on the record. She had no say in 'the deal' that was made. Her life is never going to be the same. First she gets RAPED by a member of the legal profession. Then she gets metaphorically RAPED by the judicial system.

Guess what the judge said upon sentencing? I haven't seen this reported so I assume the media is in on 'the fix'. The judge said in words similar to these that 'Mr Gabrielse, the people you hurt most in all of this is your profession and your wife and family' Really? Not one single mention about my niece and what she will have to go through because of a corrupt system. I won't go into all of the rest that happened because it all just makes me want to puke. This person, who I refuse to call a man, has gotten off virtually free. All the judicial system wants to happen here is for this to go away. I hope reasonable people can see what happened here.

A young woman commited a crime that she should have been punished for IN A COURT SESSION, not by being assaulted. Once again, Mr. Gabrielse admitted to RAPE and was caught on tape saying he'd like the next time to be 'more mutual'. This......piece of filth should have to suffer for the rest of his life. Instead....because he is a husband and father, and because he's remorseful, and because he's a deacon in his church, and because he hasn't done it before, (somehow I don't buy it), and because he has already been fired, the judicial system, including the prosecutors office I might add, thinks the deal that was made is appropriate. Unfreakenbelievable.

She was hung out to dry the moment she reported it. This is a fantastic precidence to set for victim's of RAPE and other types of abused. Say yes to Michigan? Maybe. But not to the Ottawa County judicial system. Sounds like something that would have happened 75 years ago in the deep south, not in modern America. So very sad.

Gabrielse's law license is currently on administrative suspension by the Michigan Attorney Grievance Commission, an arm of the Michigan Supreme Court that handles attorney misconduct cases of all types. John Burgess, the attorney handling the expected discipline by his organization, said that the complex plea deal will complicate, but not derail the actions expected against Gabrielse's license.

  “It’s a unique situation in that he entered a plea but I understand that he may have the opportunity to withdraw it. That could be a bit more tricky” in deciding exactly when to begin disciplinary proceedings, he said. It’s certainly a serious matter and it’s going to be treated as such,” said Burgess.

(Update 3-12-11) Gabrielse finished his probation without any hitches, so he was able to withdraw his original CSC plea and plead to indecency between a male and a female under Judge Jon Hulsing Monday, March 7. The victim has filed a federal lawsuit against Gabrielse and the city of Holland. The defendants have agreed to settle with the plaintiff out of court, but details of the settlement are still being negotiated.

Man gets 25-50 years for shooting "girlfriend" to death

A “boyfriend” who shot a 6 months pregnant woman to death has pled guilty to second degree murder Monday, February 7, and is scheduled to serve 25-50 years in prison.

Rollon Michael Marko, a 27 year old Portage, MI man, was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to the term for 2nd degree murder and assault on a pregnant individual causing miscarriage or stillbirth. These charges were in place of a 1st degree murder charge, which carries an automatic life without parole sentence.

Marko, who had been drinking alcohol and smoking marijuana on May 22, shot Courtney Delano, 19, in his apartment. She and the fetus died of the single gunshot wound to her chest and shoulder.

Marko, who’s trial was to start Tuesday on charges of open murder and assault as well as the firearms charges, faced up to life in prison without the possibility of parole if convicted.

Troy Delano, father of the victim, 19 year old Courtney Delano told his daughter’s murderer, “You’re going to be raped in prison everyday. I hope you enjoy it. Eff you.”

Long term substitute teacher charged with misconduct with three boys

A British literature teacher who allegedly had sexual relationships with three Bay City Central High School students is free on $100,000 bond. 41 year old Heidi Lewis was charged with 6 counts of 3rd degree criminal sexual conduct, punishable by up to 15 years imprisonment.

While the AOC in Michigan is normally 16, Michigan state law raises the AOC to 18 when dealing with teacher student sex under normal circumstances The same law raises it to 26 when dealing with Michigan special needs students. Lewis was arrested after the "girlfriend" of one of the alleged victims told Assistant Principal Joseph Buggs that her beau had had sex with the teacher. The teacher was a long term substitute, who taught between January and June 2010.  This led to an interview with Buggs and a Bay City police officer.

The students, both 17, told Buggs and the officer they had been in Lewis’ class and that during the school year, their relationship had been of a typical teacher-student nature.

Near the end of the school year, Lewis and one of the students exchanged cell phone numbers, one of the teens said. A short while after school let out for the year, Lewis came over to the teen’s house and they had sex, the teen told investigators.

The second teen told investigators the first teen later told him of his relationship with Lewis while they were hanging out together. When the second teen said he did not believe his friend, the first teen called Lewis over to his house. Both teens then simultaneously had sex with Lewis, they said, according to court records.

Over time, the two teens told a third classmate about having sex with Lewis. Investigators interviewed the third teen, who claimed to have had sex with Lewis in the back of her silver Jeep Cherokee. This teen told his girlfriend what happened and she ended up passing the information to school authorities.

Lewis was arrested later that day. She was arraigned February 9, 2011 in Bay County District Judge Dawn A. Klida's courtroom.  Bay County Assistant Prosecutor Jordan E. Case asked that an additional stipulation prohibiting her from contact with minors be added to her release conditions. Defense attorney Richard Lee Jr objected, but Judge Klida granted the prosecution request.

Woman gets 6-15 years for blasting husband while sleeping

A 48 year old Michigan woman was sentenced on August 11, 2010 to 6-15 years in prison for shooting her husband, a Michigan State trooper, to death. 53 year old Sgt. Melvin Paul Holbrook was killed with gunshot blasts from his service revolver to his body on August 11, 2009. Both lived in the Michigan town of Beulah.

Joni Holbrook shot her husband multiple times as he slept in their Benzie County home, then called 911 and reported the incident. She pleaded guilty last month to second-degree murder after agreeing to a last-minute plea deal the day before her jury trial was set to begin.

Joni Holbrook told [Benzie Circuit Judge James]Batzer when she entered her plea that she killed her husband because he subjected her to years of mental, physical and sexual abuse. Batzer later told the Record-Eagle that Holbrook's attorneys had "considerable evidence" she had been sexually battered and abused, and he took that evidence into account for her sentence.

Joni's statement to her victim's family echoed those remarks. ""I am sorry that my actions have taken someone so special away from you," she said. "I don't look at myself as a killer. I look at myself as a survivor."

Joni's attorney Jesse Williams said that the sentenced for her husband's killing, "a matter of self defense," was better than he thought. "The outcome was better than people expected. I didn't know what to expect. This court and this judge gave her a fair shake down."

State police Lt. Bill Elliott, who worked with the victim at the Traverse City post for two decades, said "It's just a very difficult situation. I don't know what the right answer would have been, but I was surprised to hear how lenient the sentence was." The victim's sister, Meleen Froman, said "I just think it's a mockery. I just think it's sad. I'm a little angry now." Froman traveled from Oklahoma to MIchigan for the sentencing.

Judge Batner explained to the detractors of the plea deal why their was a 15 year maximum for Joni's sentencing. "The law is an imperfect vehicle, but it's what we have. I know this sentence is going to be unsatisfactory to parties aligned on both sides. There is nothing that this court can do ... that can make it satisfactory."

Eastpointe, MI woman's killer "boyfriend" sentenced to life without parole

A 48 year old man was sentenced to life without parole Tuesday, August 17 by Macomb County Circuit Court Judge Edward Servitto for bludgeoning then suffocating his baby's mama to death with a vacuum cleaner and trying to hide the body in his car trunk.  Latoya Lowery, 35, was murdered around January 11 after an argument in which 48 year old David Cook struck her in the head with the vacuum cleaner. After she stayed alive, Cook finished her off by suffocating her. Lowery was reported missing January 11, and her body was found January 14. Cook was convicted of  1st degree murder by a jury in July. Cook had two children with Lowery.

Drug addict, batterer sentenced to life without parole for killing of "girlfriend"

A Michigan man with a history of violence against woman was sentenced to life without parole Monday, July 5 in the strangulation murder of his "girlfriend." Oakland County Circuit Judge Colleen O'Brien sentenced 50 year old Joseph Susalla, of Howell, MI to life without parole for the 1st degree murder of 50 year old Kelley Duberg, 50, of Wixom, MI.

Susalla, with a history of drug and alcohol abuse and a criminal record for violence against women, was convicted by a jury after under an hour of deliberation last month on the murder charge. Lawrence Kaluzny, Susalla's attorney, hopes that even though his client faced the mandatory life without parole sentence, that Susalla would get drug and alcohol treatment in prison.

Duberg and Susalla had dated for several months. Susalla strangled Duberg in her Wixom apartment on May 22, 2009, authorities said, because he was angry she wanted to break up. He then drove to an area near Grayling and buried her body on his family's property. Michigan State Police, acting on a tip from his mother, found the body on June 5, 2009, in a shallow grave, nude and wrapped in a shower curtain. Duberg had been beaten and strangled with twine.

The victim's sister, Kimberly Arresto, said her sister was a smart and funny woman who adored her cat Peaches. "The world was a better place when Kelley was with us," Arresto said.

Judge O'Brien said that while the life sentence handed down was mandatory, it was also deserved for the attack on Duberg. "You left a gaping hole in her family and her community. I've seen very little remorse...The defendant is not fit to live in society."

Hospital groper sentenced to 16 to 36 months in prison

A hospital groper was sentenced to a prison term of 16 months to 3 years for groping a woman he didn't know in a Lansing, MI hospital. 52 year old Rochester Terrell, a felon with prior convictions for retail fraud and posession of a gun by a felon, was sentenced as a habitual offender Wednesday, June 23 in Ingham County Circuit Court.

It was the afternoon of March 4, the woman recalled. She had gone to the emergency room because of a blood sugar problem and eventually was transferred to a private room. She was starting to drift off to sleep when 52-year-old Rochester Terrell - wearing a leather jacket over a collared shirt and dress pants - walked up to her bed and offered her the gold-and-yellow box of chocolates. "I told him, 'no, I'm a diabetic,' " she recalled.

Discreetly, so he wouldn't see, she tried to press the button that would call a nurse. But instead, the television changed channels. "I kept asking him who he wanted to see, and he said: 'Just anybody,' " the woman said.Eventually, the woman said Terrell touched her inappropriately and then tried to lift up her dress. At that point, she didn't care if he saw her press the button to call the nurse.

The victim told the nurse to "get in the room real quick." Terrell looked at the victim and asked "Why?" before packing up his stuff and leaving. Hospital security apprehended Terrell and handed him over to police.

The incident has called into question Sparrow Hospital's security.  A task force has recommended changes to the hospital's procedures. Hospital spokesman John Berg said "We're asking associates to ask questions, ask people if they are visiting, to check in and get a visitor's badge."

"Our security has a fairly active presence. The question is, how do we improve that?"

Domestic violence coordinator guilty of assaulting husband over alleged affair - sentenced to DV counseling

(Original Post 5-29-10)

A director of a Michigan domestic violence shelter was convicted of attacking her husband over an alleged affair on May 18, 2010. 46 year old LaDonna Glenn was convicted of felonious assault, which carries a maximum 4 year prison term and a $2,000 fine for threatening her husband with a hammer September 24 at their Southfield, MI condo. An Oakland County jury found her guilty after only two hours of deliberation.  Oakland County Circuit Judge Martha Anderson will sentence Glenn June 21.

She was accused of going Sept. 24 to her and her husband’s condominium in Southfield, beating on the door with a hammer and twice raising the tool at her husband, George Glenn, 69, whom she alleged was unfaithful. LaDonna Glenn was arrested after George Glenn told police he had to grab his wife’s hands and wrestle her to the floor to remove the hammer from her grip, according to a Southfield Police Department report. She had been hitting a glass table with it and calling her husband a cheater.

When officers, who were summoned by a neighbor, arrived at the home, George Glenn was sitting on LaDonna Glenn as she lay on her stomach, pinning down her hands at the wrist, according to the report. LaDonna Glenn told officers her husband forced her into the living room and threw her to the ground, hurting her right knee. She went to a hospital before going to jail.

LaDonna Glenn is the domestic violence coordinator of AWARE, Inc, an organization which serves victims of domestic violence and sexual abuse/assault in the Jackson, MI area. AWARE's executive director Rebecca Filip and president Bree Thurlby did not comment, but released the following statement:

AWARE cannot comment on the exact circumstances surrounding an employee matter due to employee confidentiality and the law,” according to a letter submitted by the board last week to the [Jackson, MI]Citizen Patriot.

When the legal process is complete, the board determines what action it must take as an employer on a case-by-case basis. Issues involving AWARE’s employees are addressed pursuant to the agency’s policies and procedures. The board fully supports its executive director and all employees.

(Update 6-22-10) LaDonna Glenn was sentenced to a year probation, domestic violence and anger management treatment, and must abstain from posessing deadly weapons or engaging in assaultive behavior. The sentencing took place yesterday in Circuit Judge Martha Anderson's courtroom. Glenn was fired from her job as the AWARE domestic violence coordinator.

Allanah Benton-Wells, Flint, MI ex-teacher, gets 25-38 years for sex with 12 year old student

While we're on the subject of hefty punishment for sexual assault, as shown by many of the recent sentencings below, Allanah Benton-Wells, a Flint, MI teacher was sentenced to 25 to 38 years imprisonment yesterday for her sexual abuse of a 12 year old boy who she was supposed to have been tutoring around Halloween 2007. The victim wasn't a student in her regular classes at Williams Elementary School, according to Flint Schools spokesman Bob Campbell.

Benton-Wells, who has a history of dating younger men, was convicted on two counts of 1st degree criminal sexual conduct on December 22. Her ex-husband said that Benton-Wells had been in the presence of the boy late at night when he was shirtless and she was in a nightgown. The boy himself testified before running away that Benton-Wells told him to keep their sexual encounters a secret.

At Benton-Wells' sentencing, Assistant Prosecuting Attorney Michelle Richardson cited the running away as proof of the damage inflicted by the encounters.

Richardson said the victim was a troubled child before his relationship Benton-Wells, where he considered her his “girlfriend,” but his behavior, respect for authority and his attitude toward women have gotten worse since that time. "She took a 12-year-old student under the guise of monitoring and made him a man in his eyes,” Richardson said.

Prosecutor David Leyton said that the crimes, which ripped apart the families of both the victim and the perpetrator, merited a long sentence. “If a teacher or any grown up has sex with someone who is under the age of 13, the sentence should be severe.” He also said that teachers should treat their students "like gold," and  "should keep their hands off.”

Genessee County Judge Geoffrey L. Neithercut, after complaining the mandatory 25 year minimum for 1st degree criminal sexual conduct tied his hands, sentenced Benton-Wells to 25-38 years in prison.  “I heard these words during the trial, ‘a school teacher having sex with her sixth-grade student is the most disgusting, reprehensible thing we can imagine.’ That’s why you’re going to prison."

Benton-Wells maintained her innocence through the trial, and said just before sentencing, "I didn’t commit any of these acts, and I’m innocent...I maintain my innocence and that’s all I can do." She'll appeal the sentence, according to her attorney Michael Cronkright. “She thinks the jury got it wrong,” he said.

Wife who set fire, ran over husband sentenced to life without parole

A woman who murdered her husband was sentenced to life without parole by a Michigan judge Monday, February 8. Linda Kay Stermer, 45, was found guilty by a Van Buren County circuit court jury of 1st degree and felony murder. On Jan. 7, 2007, Sterner set fire to the house she shared with her husband and sons. Her husband was incapacitated by the perpetrator by either medicine or a hit upside the head, according to prosecution witnesses.

Todd Stermer, 42, made it out of the house, according to testimony, but was run over by a van driven by his wife and died shortly after emergency personnel arrived.

Michigan State Police investigators testified during the five-day trial that the fire at the residence in the 66500 block of County Road 215 was deliberately set. Forensic laboratory specialists said Todd Stermer’s clothing had gasoline on them and a gas station employee testified to seeing Linda Stermer purchased gasoline that she dispensed into a container earlier on the day of the fire.

There was testimony linking Linda Stermer to another man, that she and Todd Stermer had been arguing and that she had sent their boys to a Kalamazoo mall on the day of the fire.

Even after her conviction and sentencing, Linda still claimed innocence. “I didn’t set the fire. I did not kill my husband. And at this point, I fully believe that it was not arson, either.”

Brad Sterner, the victim's brother, shot back, saying “The jury didn’t get it wrong, Linda. They got it right. When you go to prison, we will be relieved that his children will be safe and you’ll never hurt anyone again."

Helping those kids become productive adults will be part of Sandra Stermer's job. She thanked prosecutors for speaking for her. “I hadn’t thought about standing up to speak. The police, the prosecutors, the jury got it right. They spoke for me.”

15 year old Muskegon boy sentenced to 20-57 years for rape of 19 year old woman

15 year old Teddius Patterson, of Muskegon, MI, was sentenced to a term of 20 to 57 years today for the burglary and rape of a 19 year old woman last summer. Patterson, who had an extensive juvenile criminal record, was 14 at the time of the rape and burglary. He was found guilty by a judge in a bench trial earlier this month.

Patterson's sentence breaks down as follows - 18 to 55 years for 1st degree criminal sexual conduct; 8 to 20 years for 1st degree home invasion; 2 to 5 years for firearm theft, and a year each for two firearm posession counts. All sentences except the firearm posession counts will be served concurrently.

The attack happened the night of June 22 in the Margaret Street apartment of a 19-year-old woman. Patterson was 14 at the time, out on bond facing juvenile charges for an earlier break-in of an elderly woman’s home while she slept. He already had a record of juvenile convictions for arson and possession of cocaine with intent to deliver.

In testimony at Patterson’s trial and at an earlier probable-cause hearing, the victim told of being sexually groped by a young stranger she confronted in her apartment — then trying to shoot him dead with her husband’s loaded handgun, only to have the invader wrest the gun away and point it at her, repeating the sexual assault with his hand.

Patterson’s 48-year-old mother, who has spent much of her son’s life in prison for drug offenses and felonious assault and was most recently released in March 2008, wrote a letter to the judge pleading for mercy for Teddius and taking the blame on herself for his bad conduct. The boy was raised by his grandparents.

Senior Assistant Muskegon County Prosecutor D.J. Hilson asked for a long sentence for Patterson, citing the lack of remorse and that Patterson believed his confession was a lie. The attack, according to Hilson, was “an extremely traumatic event (for the victim). ... Every sound that happens in her home (now) causes her concern. Not only was the security of her home violated, but her own personal body was violated. It is only by the grace of God that she is not dead today."

14th Circuit Judge William C. Marietti said about the attack, “(This) is probably every woman’s nightmare...It leaves a very, very bad taste in this community’s mouth, a very bad taste in my mouth. This is devastating to this community, and particularly devastating to the victim." Because of previous felony convictions, "at some point I have to shift my focus from rehabilitating you ... to protecting the community."

Michigan man sentenced to life without parole in shotgun murder of wife

Calhoun Couty Circuit Judge Conrad Sindt sentenced a man who murdered his wife to life without parole in a Branch County, MI courtroom Friday, December 18. 40 year old Thomas Foley was sentenced to the mandatory life without parole sentence for the shotgun murder of Dee Dee Foley, 41 on February 7, 2009.

Foley was convicted by a jury the day after Thanksgiving of shooting and killing his wife in the shower in their rural farmhouse while the couple's son and a friend played outside. Police speculate that Foley used a 12-gauge shotgun he took months before from the home of his brother-in-law.

Prosecutors told the jury he killed Dee Dee Foley, a Union City teacher, about 3 p.m., and only two hours before the family was to celebrate their son's 10th birthday at a party at the home of friends.

When Dee Dee Foley didn't arrive at the party, Tom Foley returned to the home and called police about 5:20 p.m. and said he found her dead. A month later Michigan State Police arrested Foley and he was found guilty after a three-week trial in Coldwater.

Before the sentencing, Calhoun Couty Circuit Judge Conrad Sindt, who presided over the trial, agreed to conduct a hearing after defense attorney J. Thomas Schaeffer said a woman came forward the day after the verdict and said she saw a car with a young man driving leaving the Foley driveway about 4:45 p.m. the day of the murder. A couple testified for the defense at trial they passed the house about 4 p.m. and also saw a white car leaving.

Prosecutor Terri Norris argued against Schaeffer's motion for a new trial and said the new witness is just cumulative and should not be heard. But while Sindt would not dismiss the jury verdict, he said the new witness should be examined under oath as part of Schaeffer's motion for a new trial.

Foley said about his wife, "I love her with all my heart and I never tried to hurt her. She is my best friend. There was no way, no way in hell, no way in heaven that I did this to her. I looked for justice in this trial and I didn't find it. I just want the person who did this to her to be found. There is no way I planned to kill my best friend, the mother of my child."

However, Marilyn Shiery, the victim's mother (and perpetrator's mother-in-law) said that "God and the world, including this family, would have forgiven you your affairs, your ending your marriage, you desire to move but do not ever ask for forgiveness for this hideous murder and the aftermath you and you alone created. There is no forgiveness."
 
She also made this statement prior to Foley's sentencing.
 
  We can now believe you were not only not in love with Dar, but were never in love with anyone including yours and Dar's son. We also now know you were and are in love with only yourself and your selfish wants. Now when your son says, 'Grandma, I think my Dad killed my mom and he did it when he sent us outdoors, but I don't know why,' I will be able to truthfully answer him 'Because he wanted everything your mother stood for, he just didn't want her in the picture. You were devious, misleading, zealously hiding your dark side and deluded enough to think you could get away with murdering her. You took her father's gun from her brother's home to kill his sister.

Flasher sentenced to 5 1/2 months jail, 6 months probation for repeat offense

On August 31, Jerome Dean Pummel, 47, of Muskegon Township, MI, was sentenced to 5 1/2 months in prison, and 6 months probation by Muskegon County's 14th Circuit Court Judge James M. Graves Jr. In addition, Graves ordered Pummel to spend 6 months on tether are remain in an outpatient sex offender treatment program, and pay $328 in fines.

The incident occured February 24, 2009 when Pummel exposed himself, wearing only a shirt, to a young neighbor next door through his window while pleasuring himself. Pummel was charged in March, and plead guilty last month.

Aggravated indecent exposure is ordinarily a high-court misdemeanor with a maximum penalty of two years in prison.

But under a 1952 Michigan statute, the mandatory penalty for a person the sentencing judge finds to be "sexually delinquent" is one day to life in prison. The law defines a sexually delinquent person as anyone "whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others."

Pummel was charged with aggravated indecent exposure for violating his parole for another indecent exposure conviction back in 2008.

Improper behavior leads to CSC charges, conviction for Michigan teacher

(Original Post 9-26-08)

Ranee Sue Proper, a 41 year old teacher from the Michigan town of Holly, was arraigned Tuesday on 5 counts of 3rd degree criminal sexual conduct with students in Clarkston, MI. The incidents, which involved 16 and 17 year old students, allegedly occurred between December and May, and was brought to the attention of authorities in May be a concerned parent.

Proper, who started teaching during the 2004/05 school year, was placed on paid administrative leave May 15 by the Holly School District and was ordered not to contact students or parents by Superintendent Kent Barnes.

"You are hereby directed that during the pending investigation you shall not contact students and/or parents directly or indirectly, via e-mail, phone contact or otherwise, while the investigation is ongoing. Moreover, you shall not be on school district grounds."

Barnes sent a letter June 11 ordering her to appear in his office June 19 for an administrative hearing, but Proper resigned June 25.

"I have thoroughly enjoyed my employment with the Holly Area Schools. However, at this time I am choosing to resign my employment effective today, June 25, 2008." The superintendent confirmed the resignation.

"Mrs. Proper did resign while in the midst of an investigation by the local school district and the village of Holly Police."

Rumors of Proper's alleged intimate relationships with students began spreading around the high school shortly before the end of the school year, sources said."I never thought she would be one of the ones to do that," said Junior Amy Golembiowski. "She seemed normal, and I think she would have been smarter than that."Junior Emily Whitt said her sister had Proper as a teacher."She would let kids give her massages," said Whitt, 16. "I think that's very inappropriate."

Proper, who is married with 3 children, faces 15 years in prison if convicted on all counts. Released on $50,000 bond, her next appearance will be on October 24.

(Update 6-3-09) Proper pled guilty to a single count of CSC 2 (2nd degree criminal sexual conduct) on May 1. As part of the plea deal, prosecutors dismissed 5 CSC 3 counts. Unlike 1st or 3rd degree CSC, there is no mandatory minimum sentence for 2nd degree CSC. 6th Circuit Court Judge Edward Sosnick sentenced her to 9 months in the Oakland County Jail and 5 years of probation earlier this afternoon.

Proper also goes on the sex offender registry, is ordered to attend mental health counseling, and is barred from unsupervised contact with minors except her own kids.

Oakland County prosecutors were allowed to read a letter submitted by the mother of one of Proper's teenaged victims. In the letter, the mother told of the difficult times her son and family had been through as a result of Proper's action. "I'm proud of my son for telling the truth," the letter read. "He may have been a victim, but now he is a survivor."

Proper's attorney Raymond Correll said that over the last year, Proper has had strong community support, as well as the support of her husband, Tom, family members and children.
"She has significant remorse and feels very badly about what happened," he said.

Sosnick said before sentencing that deterrence of other adult-minor sexual encounters was a major part of Proper's sentence.

"You must pay the consequences of some very, very bad judgment. The best way for you to move on is to throw yourself into the counseling and begin to understand why it happened in the first place."

St. Clair Shores, MI teacher originally charged with 4th degree CSC - convicted of attempted stalking

(Original Post 8-7-08)
A suburban Detroit culinary arts teacher is charged with 4th degree criminal sexual conduct for engaging in sex acts with a 16 year old and a 17 year old boy on a boat belonging to the parents of a former student.Tha alleged victims are current students at South Lake High School in St. Clair Shores. Melissa Lavender, 33 was charged with 2 counts of 4th degree CSC when arraigned by Judge Joseph Craigen Oster.

After her lawyer, Warren, MI based Michael Dennis, waived the formal reading of the charges and entered a not guilty plea on Lavender’s behalf, Judge Oster scheduled a pretrial conference for August 26, set bond at $25,000, which she posted, and set conditions on her release.

The conditions include – no contact with the alleged victims or witnesses, no unsupervised contact with minors, and no alcohol or drug use. Lavender must also submit to random Breathalyser tests 4 times a day.

Police and prosecutors accuse Lavender of engaging in sex acts with two teens on a boat belonging to the family of a former South Lake High student. The two are ages 16 and 17 and currently attend the school.

The boat was docked in a marina in St. Clair Shores at the time of the alleged incidents, which police said occurred in the overnight hours of June 26. Police said Lavender was the only teacher aboard the boat at the time of the incidents.

Alcohol is believed to be a factor, Bergeron said.

Dennis, who called the charges serious, said "from what everyone says, all the students and parents who know her love her. These allegations are totally out of character."

According to Deborah Thompson, South Lake School District Superintendent, Lavender, worked as a culinary arts teacher in the district for 6 years, rising to the head of the culinary arts program from a food teacher. Lavender is being suspended with pay, pending the results of the investigation.

"Students and parents came forward…. We're deeply saddened by these allegations. Our first priority is to follow our policies, ensuring the safety and support of all our students."

Thompson also posted a letter to "South Lake Families" on the high school's Web site, acknowledging that she's been informed of "alleged serious misconduct involving a high school teacher and students."

According to the Detroit News, a substitute culinary arts teaching position was also posted on the site. There were no takers, yet. 16 is usually the AOC in Michigan, but it rises to 18 in regular teacher/student cases, and 26 if the teacher is a special education teacher. This law took effect July 1.

4th degree CSC is a 2-year misdemeanor in Michigan.

(Update 3-20-09) Lavender pled guilty to attempted aggravated stalking Monday March 16. Attempted aggravated stalking is a 5 year felony, so the plea to a greater offense was presumably to get off of the sex offender list. Both 4th degree CSC counts were dismissed at part of the plea agreement, and Lavender signed a document voiding her teaching certificate.

Lavender teared up as she told the court she tried to contact via electronic device two male students in a "harassing manner." Police say although the students were of the age of consent, state law forbids teachers from having relationships with students.

The Macomb County Prosecutor's Office will seek at least 5 years probation when sentencing is held April 29.

(Update 5-2-09) Lavender was sentenced to the agreed upon 5 years probation by Macomb Circuit Judge Matthew Switalski on Wednesday, April 29. The reason prosecutors did not seek prison time was because of her 1st time status.

Kelly Ann Abdo, Monroe, Mi teacher, pleads no contest to indecent exposure

(Original post 2-13-09)

Kelly Ann Abdo pled no contest to a single count of indecent exposure February 11 for having sex with an 18 year old student in a parked car on a street in Monroe, MI last May. According to authorities, 2 other Monroe High (MI) students saw Abdo and the victim going at it.

The Monroe County Prosecutor's Office charged Ms. Abdo with indecent exposure because under Michigan law a teacher and a student can have sexual relations legally if the student is 18 or over.

Assistant Prosecutor Amara Hunter said the student in the car was not charged with indecent exposure because Ms. Abdo had relations with multiple students. Additionally she was older and should have shown more responsibility because she was the teacher."This is the best resolution to this case," Ms. Hunter said after the hearing. "It was poor judgment on her part."

The plea agreement, accepted by 1st District Court Judge Terrence Bronson yesterday February 11, calls for a maximum sentence of a year in jail and a $1000 fine. The Monroe County (MI) Prosecutor's Office agreed not to file any more charges against Abdo, and Abdo agreed to have her teaching certificate revoked for at least 2 years.

The no contest plea works the same as a guilty plea in criminal proceedings, but affords protection to defendants facing civil lawsuits. The formal sentencing of Abdo will occur March 25.

(Update 3-26-09) Abdo was formally sentenced to two years probation yesterday. Other conditions of the plea agreement include 30 days of community service, $1175 in fines and fees, no unsupervised contact with minors, no teaching anywhere for the next two years, and not challenging her firing by the school district.

"It didn't happen," Mr. [Mark S.] Bilkovic [Abdo's lawyer] said. "I'm not happy she was charged or convicted of anything."He said his client did have phone conversations with students and sent them text messages, but that was all.

Asked why she would plead guilty to a criminal charge, Mr. Bilkovic said Ms. Abdo pleaded to the misdemeanor offense to avoid having her family endure a painful trial. Besides, he added, if she did not accept a plea to the indecent exposure charge, the prosecutor's office threatened to file a 15-year felony charge against her.

Abdo spoke about the charges for the first time after her formal sentencing.

"This past year has been a nightmare...This has affected my family even worse than it affected me. The rumors and media are not correct."

Mt Clemens, MI teacher convicted for sex with student

(Original Post 5-31-08)

Janelle Batkins, 42, a former Michigan teacher, plead guilty to 2 counts of 2nd degree CSC today. The former teacher was charged because while normally, 17 year olds can consent to sex, in Michigan, teachers who have sex with 17 year olds are charged with either second or third degree CSC.

Initially there were 9 counts of 2nd degree CSC, but that was plead down to two counts of second degree CSC, with the sentences to be served consecutively. The five sexual encounters took place at her home during the 2006-7 school year.

Macomb Assistant Prosecutor Jean Femminineo said that while prosecutors were willing to try Batkins in a court of law, the victim's family wanted to get the ordeal of court appearances over with.

"We were ready to proceed and go to trial and put the defendant behind bars. [The victim's family] indicated they want to end this today. They are tired of it. They don't want to go to trial. They want this to be over."

Batkins could face up to 15 years in prison when she is sentenced July 2 by Judge Mark Switalski. She will have to register as a sex offender.

Authorities say the two had a six-month relationship that began with friendship and escalated to include phone calls, text messages and e-mails. The teen testified during a preliminary exam in Clinton Township District Court that the relationship began to heat up after he turned 17 in October 2006. The pair was caught when one of Batkins' sons came home unexpectedly, the teen testified.

Batkins resigned from her 15-year job before she was charged. She was named 2002 Teacher of the Year. The teenage victim has since graduated from Roseville High School and is planning to go to college.

Defense attorney David Griem said that the boy blackmailed Batkins, thretening to expose the relationship and calling her names. He also cited the fact that the relationship would have been legal except for the fact that she was his teacher.

"If it wasn't for this statute, it would have been no harm, no foul," Griem said. "The risk was so huge, there was really no alternative here. Her biggest concern was to bring this case to an end."

(Update 7-3-08) Batkins pleaded guilty to two counts of 2nd degree CSC, a more serious charge than the 9 counts of 3rd degree CSC, because second degree criminal sexual conduct does not carry a mandatory minimum sentence. Besides placement on the SO list and loss of her teaching position, Batkins has also lost her pension. She was formally sentenced to 3 years probation by Judge Judge Mark Switalski.

Her lawyer, David Griem, considers it a win because she'll serve no jail time and isn't required to wear a tether. That allows her to stay with her husband and two children, he said.
"I was very relieved," Griem said after the hearing.

Though her plea was to a more serious charge, it allowed Switalski more latitude in sentencing because both first-degree and third-degree criminal sexual conduct convictions carry with them mandatory imprisonment sentences. Second degree does not.

(Update 3-20-09) Batkins was caught violating her probation by watching her son's wrestling match held at the Palace Ot Auburn Hills. He was a finalist at the state wrestling championships, and Batkins' presence at the competition violated her probation conditions of not being around minors.

According to defense attorney David Griem, his client did not violate her probation by attending the meet based on two reasons. For one, at The Palace, she reportedly stayed in a suite with other adults.

“The probation officers in her report to the court (stated) in careful review of the Student Safety Zone Act, the defendant does not appear to have violated that act,” Griem said.

As a second defense, Griem said, the accuser took pictures of Batkins while at the wrestling finals.

“He was stalking her and taking photos of her,” said Griem, adding that describing the complainant in the case as a victim “is a complete denigration of that word.”

Batkins was fined $500.