53rd Circuit Court proceedings, Judge Aaron J. Gauthier presiding

[00:12:10]All right. Good morning. We are on the record in the 53rd Circuit Court for the County of Shabboan and we are providing public access both in the courtroom and also online.

[00:12:32]And uh first on our morning docket we have people v. Daniel Green.

[00:12:38]It's file 26-7143 FH. Council, you want to state your preferences beginning with people?

[00:12:45]>> No, not Mr. Green who appears remotely via Zoom.

[00:12:48]>> Okay, but I do see Danny in the meeting.

[00:12:50]I just want to confirm that that's him.

[00:12:52]I'll ask him to start his video here and unmute. There we go. All right. Are you Mr. Daniel Green, sir?

[00:13:01]>> I am. Yes.

[00:13:02]>> Okay.

[00:13:04]All right. And Mr. Nightingale, this is uh time and date set for a docket call.

[00:13:08]Um what's our status here in this matter?

[00:13:11]>> Uh your honor, we got a uh revised plea offer yesterday. I believe that's going to be the probably the the bottom line here for the people. I did um convey that offer to Mr. Green. Um he would like some time to consider that offer.

[00:13:22]If we could have another docket call a couple weeks, that would be our request at this point.

[00:13:26]>> Okay, I'll go ahead and any objection, Mr. Juliet.

[00:13:30]>> We'll continue docket call to August 4th.

[00:13:35]At 10:30 in the morning, I'll allow Zoom appearances and that will be a plea and motion cutoff. That will be the fourth docket call. So, we'll uh either resolve the case that day or set it for trial then.

[00:13:47]>> Sounds good. Thank you, Judge.

[00:13:49]>> Okay. Anything further from the people?

[00:13:51]>> No.

[00:13:52]>> Anything further from the defense?

[00:13:53]>> No, you are. Thank you.

[00:13:54]>> Okay. You're all set today, Mr. Green.

[00:13:56]>> Thank you.

[00:14:07]Mr. >> Okay. Thank you.

[00:14:13]>> I'm I'm fine.

[00:14:14]>> What's that?

[00:14:14]>> Mr. Atinson, whenever the court's ready to call, we're ready to go. So, >> okay. We bring up >> Yeah. Yeah. Yeah. I'm gonna try to find Mr. Suda.

[00:14:24]>> Okay. All right. Let's go off the record for a minute.

[00:14:26]>> Okay.

[00:23:53]All right. So, we're back on the record and calling uh people of the state of Michigan versus Stephen Atkinson. It's two file numbers 26-7165 and 7166.

[00:24:08]Council, you want to state your appearances beginning with the people?

[00:24:10]>> Most for the people.

[00:24:12]>> No, Mr. Atinson who appears in person in custody ter.

[00:24:16]>> All right. And we are here today for docket call on both these files. Mr. Atkinson is on a parole hold. So today's the plea cut off date. We've got jury trial scheduled on August 11th and August 27th in these matters. And today would be the day we'd start sending out jury summones. Is that still the plan, Mr. uh Nail?

[00:24:36]>> It is, your honor.

[00:24:37]>> All right. You've advised your client today is the last day that the court would accept a reduced plea in these charges.

[00:24:41]>> I have.

[00:24:42]>> Okay. All right. Well, we'll see you on August 11th for the trial on 7165.

[00:24:51]And uh we'll just schedule the 7166 for a U. Well, that's that's still on for the jury trial on August 27th. We do have a date.

[00:25:02]>> Okay. Have witness and exhibit lists. I see the people have filed their witness and exhibit list. Have you filed or >> not yet file today, judge?

[00:25:09]>> I believe that today is our cut off list.

[00:25:11]>> Okay. Very good. All right. Anything further from the people then?

[00:25:14]>> No, your honor. Thank you.

[00:25:15]>> From the defense.

[00:25:17]>> Okay.

[00:25:22]All right. And that brings us then to will be Mark Suda. It's file 26-7150 FH. We've got Mr. Suda and his lawyer, Mr. Nightel, president of the courtroom.

[00:25:41]The press attorney, Mr. Fix, is appearing by video today.

[00:25:46]And we have uh like a docket call which also serves as a plea cutoff today. Uh what's our status in this matter, Mr. Lang?

[00:25:56]>> Uh your honor, I think after um some diligent negotiating here from both parties. Uh we're just not at a place where we can resolve and so um I believe that Mr. Suda would need to be set for trial at this point. Um it sounds like we're going to have a witness issue in the month of August. Um and the prior case I think is taken up most of the August trial dates that I would be available for. Is it possible to set him in September for a trial?

[00:26:18]>> Yeah. Yeah. Okay.

[00:26:22]Let me take down the information here.

[00:26:25]charge is uh assault testy would be the estimated length of the trial miss >> I think one day We could set this for Thursday, September 18th.

[00:27:04]That work for you, Mr. Lang.

[00:27:06]>> Is that the 17th or the 18th?

[00:27:07]>> 17th.

[00:27:08]>> Uh, it does work for me at this point.

[00:27:09]>> Mad, that works as far as you know?

[00:27:12]>> Yes.

[00:27:13]>> Okay. I'll give uh folks 21 days to file witness and exhibit lists.

[00:27:19]uh jury instructions and verdict form due seven days prior to trial.

[00:27:26]The jury selection and trial will be September 17.

[00:27:30]So let's come back for um well I mean is there any need to come back for a doctor call or you just want to let us know if you need any changes?

[00:27:47]I I would refer that judge if that's all right. So, Mr. Suda, the next event is uh is September 17th where we'll pick Thursday where we'll pick your jury and go right into the trial. Okay. Bond will continue. Anything further from the defense?

[00:28:19]>> Anything further from the people?

[00:28:20]>> No, your honor. Thank you.

[00:28:22]>> Okay, you're all set, Mr. >> And that's all you had with me today?

[00:28:32]>> Yes, sir.

[00:28:33]>> Okay. All right. So, then we'll be in recess till 11 with Mr. Swanson.

[00:46:15]All right, we're back on the record and uh continuing on our morning docket.

[00:46:19]We're calling next the case of people v Donald Swanson. It's filed 26-7159FC.

[00:46:27]Council, you want to state your appearances beginning with people?

[00:46:29]Melissa Goodri for the people.

[00:46:32]>> Good morning, your honor. Edward Majoka, you're gonna be Mr. Swanson. Mr. Right.

[00:46:36]>> Good morning. And this is set for a doctor call, but also we have uh you had filed a motion to exclude other acts evidence.

[00:46:46]And then uh subsequent to that motion being filed, the prosecutor did file the written other acts notice that included not only the evidence you were discussing the 1995 conviction, but also some recently disclosed allegations of contemporaneous conduct with the other stepdaughter. Um, so I guess my I've had a chance to review your motion and the other acts notice and the legal uh precedents that are applicable, but I guess I want to let you know, are you ready to go forward on that on on all the on the other acts notice today or do you need more time to supplement your plea?

[00:47:22]>> Thank you, your honor. Um, would you like me to here?

[00:47:24]>> Whatever you >> Okay. Um, I the court's correct. I think there are two two buckets or two different issues now. Uh maybe I was a little premature in having filed this motion, but I wanted to get it ahead of the court. I had known about this uh the people's intention to file or to introduce other ax evidence pretty much from day one. Miss Goodrich kind of been um had in very good communication about that. Um but I think there there's now a a distinct uh separate issue. Um the first allegation which is the subject of my motion is uh or the first issue is based on a uh 199 uh4 uh police report in a 1995 uh conviction um regarding one of two stepdaughters.

[00:48:12]Uh the one stepdaughter uh that was the subject of the conviction is named was named Jennifer is named Jennifer Smith. um with the new notice that I received uh I'm sorry I got those convict Melissa sorry Jennifer is the uh the individual who is has now been noticed um and there are in my opinion um some pretty significant issues that I would like an opportunity to brief and I think the court should consider having evidentiary hearing um and possibly requiring uh testimony uh from this individual. So, just to to to preview that, um, she was interviewed uh by police and I received a report last week of her interview from June 8th of this year uh with uh the Shboen authorities. And uh just one thing I noticed is that she indicated um in 2026 that uh Mr. Swanson was not charged uh with the allegations that were raised by her because the court did not want her to have to testify at a young age. Um and I would note that she was either 17 or 18 at the time in 1994.

[00:49:30]Uh and um that does not square with what is in the police reports from 1994 which at that time she gave an essentially an outright denial that Mr. Swanson had ever sexually abused her or touched her in a sexual way. So, I think there are some really significant issues regarding uh the second bucket, I'll call it, the Jennifer Smith um other acts evidence. I think the uh the the first uh grouping uh related to the conviction is is ready and is is briefed and I don't really have anything to add on that. But with regard to um the second set of allegations in the new notice, I I think it is would be appropriate for me to have a little more time to to brief that. It's a it's definitely a um separate issue and as you know, these sorts of inquiries are very fact intensive. So I I would appreciate the time for some supplemental briefing.

[00:50:28]I'll obviously the court can set whatever deadline you'd prefer and um I think the court ought to consider uh at least if whether you want to wait till the briefing comes out or you've heard what you need to hear, consider requiring evidence your hearing um where uh Miss Smith be required to testify so we could really test I think what um the credibility here is.

[00:50:52]>> Right. Thank you, Miss Goodrich. I guess there's two sort of issues there. One, do you object to a continuation of this motion to allow some further uh briefing from Mr. Swanson now that we have your other acts notice and of course you'd have opportunity to file a responsive brief.

[00:51:13]Um that's question one. Uh question two is uh what are your thoughts about the necessity or propriety of an evidentiary hearing?

[00:51:23]>> Uh I have no objection to adjourning this. we both uh have time to file responses and further brief the issues.

[00:51:30]Um we we did attach the interview of uh Jennifer. I'm not sure if an evidentiary hearing is needed beyond that. He certainly would have an opportunity to cross-examine her, but if if the court feels that evidentary hearing is necessary, I would ask for permission for her to attend by Zoom. Uh I do believe she lives three or four hours away.

[00:51:54]Well, we can uh and I think rather than um I don't know that I want to issue peacemeal rulings. So, I won't I won't take argument and issue a ruling on the on the convict the 1995 convictions today. We'll continue your your motion, allow you to file a supplemental brief, and the prosecutor can file a response.

[00:52:14]Um I guess I'm not sure. I mean, from the case law, I think all we need to know is here's the I mean, the prosecutor has made a fairly detailed offer of proof, including attaching the police report with the interview. Um, and uh you're certainly entitled to whatever additional discovery they have with regard to that as it's evidence that's going to be presented at trial. But um I don't believe that an evidentiary hearing is necessary at this point. Um if after the briefing and argument I feel otherwise you know we'll we'll go from there. Uh so we can continue this then to let's see I've got August 4th is a very short time away or I could give you August 25th which would give you a couple weeks to get something filed.

[00:53:01]>> Uh your honor I am in a trial um the week of August.

[00:53:06]>> How about uh September one?

[00:53:17]Uh that would I I think that's okay for me at this point.

[00:53:20]>> Do you prefer morning or afternoon?

[00:53:22]>> Afternoon. I do have something in the morning, but I think that's >> we could do this uh the afternoon of September 1st, say at 3 p.m.

[00:53:33]>> That would work for me, your honor.

[00:53:34]>> And then Zoom appearances would be allowed. you're more than welcome to be, you know, physically present. I'll leave that up to you.

[00:53:47]So, we're going to continue the docket call to September 1st at 300 p.m. and we're going to say uh defense motion continued.

[00:54:08]to same date and time. So you don't have to file a renotice.

[00:54:14]We'll just put it on our docket and then uh you're welcome to file any any additional brief as you wish. I won't set like a briefing schedule. You're welcome to file a supplemental brief and then the prosecutor can file a response.

[00:54:25]So file it enough time for her to file a response. So we're not here and she's asking for an adjournment.

[00:54:29]>> Absolutely. Your honor.

[00:54:31]>> Okay. Anything further from the people, Mr. Rich?

[00:54:33]>> No, your honor. Thank you.

[00:54:34]>> Anything further from the defense, Mr. P? No, your honor. Thank you.

[00:54:37]>> Okay. Have a good day.

[00:54:55]It's going to be Miss Abbott at 11:10.

[00:55:01]>> All right. So, Mr. Peters, I'll place you back in the waiting room until I see Mr. Kusky and Miss Abbott.

[01:16:32]All right, we're back on the record in the 53rd Circuit Court for the County Shabboan and we are providing public access both in the courtroom and also online.

[01:16:41]And up next we've got people of the state of Michigan versus Britney Abbott.

[01:16:45]It's filed 25-7088FH.

[01:16:48]Council, you want to state your appearances beginning with the people?

[01:16:50]>> Melissa Good for the people.

[01:16:53]>> Luke Kusky on behalf, your honor.

[01:16:56]>> All right. We're here for a docket call in this matter. What's our status, Mr. Kusky?

[01:17:01]>> I believe this matter can be set for trial, your honor.

[01:17:05]>> Okay. What would be the estimated length of trial, Mr. Rich?

[01:17:08]>> I believe two days.

[01:17:11]I would I would agree with that, your honor.

[01:17:15]>> Okay.

[01:17:41]What about uh Tuesday, September 29th going into Wednesday, September 30th?

[01:17:56]>> Your honor, I'm not available September 29th, but I am the rest of the week.

[01:18:02]>> Okay. But what if we just did uh the Thursday Friday that week? That'd be October 1 and two.

[01:18:08]>> That works for me.

[01:18:10]>> I would not be available on Friday, your honor, as I I have a docket in La Morenzi.

[01:18:16]>> Okay. What about uh Wednesday, Thursday then? Wednesday, September 30, Thursday, October 1.

[01:18:24]>> I am available.

[01:18:28]>> Would that work for you, Miss Goodrich?

[01:18:30]>> Yes. Thank you.

[01:18:32]Okay, so let's set this for jury selection September 30th going directly into the trial and continuing as needed into Thursday, October 1st. have witnessed uh witness an exhibit list exchange 21 days from today's date and a docket or uh I'm sorry um jury instructions and verdict form not later than seven days prior.

[01:19:05]Let me take down the necessary information on our trial list.

[01:19:21]Hey, Miss Goodrich. Um, does this require any uh there wasn't an amended information when she entered the plea that she withdrew, right? She just pled to one of the counts. So, so we're all set with the charging document, >> I believe. So, >> okay.

[01:19:39]Okay.

[01:20:00]All right. And I seems to me based on the prior um proceedings in this matter that there's really no need for a for a docket call, additional docket call. Would you agree, Miss Kadri?

[01:20:15]>> Yes.

[01:20:16]>> Mr. Kesky?

[01:20:18]>> Yes.

[01:20:19]>> Okay. So, Miss Abbott, uh, your next date will be in person here on Wednesday, September 30th, where we'll select your jury and go into the, uh, trial continuing into the next day, uh, Thursday, October one. Anything further from the people?

[01:20:43]>> No, your honor. Thank you.

[01:20:44]>> Anything further from the defense?

[01:20:46]>> No, your honor. Thank you.

[01:20:48]>> Okay. Thank you. We will see that.

[01:20:52]>> All right. And then our final matter this morning is going to be on Mr. Evans. And I have Mr. Philippe here. So as soon as Mr. Evans is here, we can we can take the case.

[01:21:01]>> Okay.

[01:21:02]>> I'll put you in a waiting room till then.

[01:21:04]>> Thank you.

[01:21:08]>> Sorry.

[01:22:43]Listen here.

[01:23:05]All right, we're back on the record. Our uh last case on our morning docket is people of the state of Michigan versus Richard Evans. It's filed 26-7186FH.

[01:23:15]Council, you want to state your appearances for the record, beginning with the people?

[01:23:18]>> Melissa Goods for the people >> and Alfred Philippa on behalf of Mr. Evans.

[01:23:23]>> All right. And Mr. uh Evans is here for an arraignment and it looks like also bond violation matters that were um tracked or began in the district court and they're up here for bond violation hearing. I guess my review of that shows that there's three violations that remain pending. A mist back in March, a dilute in April, and a dilute in May.

[01:23:50]But we've uh report had no reported problems since May 4th.

[01:23:56]So unless anybody objects, it' be my intention just to continue to track those remaining violations as an ongoing status conference at our hearings. And if there's no further problems on bond, Mr. Evans isn't going to have a problem with me. If there's additional problems on bond, that gives me context and I'd probably just do a warrant. Any objection to just setting that out for status conferences?

[01:24:17]>> Uh, I'd certainly would prefer if those issues were just dismissed, but uh I also appreciate reports to track and there's history. I think the March one was the day of the the big blizzard uh explaining his delay and then the dilutes. uh I think he understands the important of moderation moderating fluid content fluid intake but uh you know bond is a nebulous concept and I'm sure the court will do whatever it sees fit when yeah when if anytime in the future if there's other bond problems. Okay. Well, this is our first uh this is my first touching of the case uh since it's been bound over. So maybe I'll just continue to track it as a status conference. Uh if as we get into the case we still have no further problems at some point I might just dismiss it.

[01:25:10]>> Very well. Thank you.

[01:25:11]>> But in any event, Mr. Evans, if you don't have any further problems now that you're up here with me on the bond pro issue, you won't have any problems.

[01:25:19]>> All right. Uh Mr. Philip, have you had a chance to review the charging document with your client?

[01:25:23]>> I have, your honor.

[01:25:24]>> Do you or he wish it allegations read into the record form?

[01:25:27]>> Uh we'd wave formal reading. And is a and how's he wish to plead to those charges?

[01:25:31]>> Uh not guilty, your honor.

[01:25:33]>> We're going to plead not guilty on his behalf. And as a forensic center referral requested?

[01:25:39]>> Uh no, your honor.

[01:25:41]Estimated length of the trial?

[01:25:44]>> Uh probably two or three days, although I think forms were circulated but not approved because of the bond issue. Uh I know not also note that I saw some dialogue going back and forth over transcripts from a preliminary examination. I don't know if you want to extend some of our time frames, although maybe those are >> okay.

[01:26:08]>> I see there's a number of witnesses. Uh so we'll set it for a 3-day estimated length of trial. Do you anticipate uh any motion practice as a result of the prelim being run?

[01:26:19]There's still some things under consideration. Okay. All right. Uh so let's schedule this for a docket call maybe um I could give you either Tuesday, August 25 or Tuesday, September 1 for a first docket call. What's your preference?

[01:26:59]Uh, could we do afternoon on the 25th?

[01:27:02]We could give you uh 3:10 in the afternoon.

[01:27:09]>> That would be perfect.

[01:27:20]So, we'll schedule docket call for August 25 at 3:10 in the afternoon for a docket call and a status conference on the pending bond violations.

[01:27:35]And Miss Goodrich, now that Mr. Evans is up here and has appeared and we're going to track the bonds as a status conference. Do you have any objection to my authorizing Zoom appearances for that hearing?

[01:27:47]>> No objection.

[01:27:49]>> Okay. So, that hearing can either be in person or by video depending on uh what you deem best, Mr. Philip.

[01:27:55]>> Thank you, >> All right. Anything further from the defense?

[01:28:00]>> Uh, no, your honor.

[01:28:01]>> Anything further from the people?

[01:28:02]>> No, your honor. Thank you.

[01:28:04]>> All right. You're all set, Mr. Adams.

[01:28:05]Mr. Have a good day. And we'll be in recess now until 1