Court Watching: Chapman DNA case adjourned until Nov. 9 before Oakley

34th District Court Judge Brian A. Oakley adjourned the misdemeanor DNA case of James Forrest Chapman until 11 a.m., Monday, Nov. 9.
After Chapman’s attorney John Day asked 34th District Court Judge David Parrott to recuse himself because he was prejudiced, Judge Parrott said he wasn’t and refused to recuse himself.
Day appealed Judge Parrott’s decision to 34th District Court Chief Judge Tina Brooks Green and Judge Green moved the case to Judge Oakley’s courtroom and set a date of Oct. 21. She said Parrott did nothing wrong but she wanted to diffuse the situation that was gaining steam.
But on Oct. 21, Chapman’s case was not on Judge Oakley’s docket and he said he didn’t know about it until he was half way through that morning’s cases.
Wayne County Assistant Prosecutor Doug Dwyer said he just found out about it and he asked for a short adjournment so he could study the new state law on requiring those arrested to give DNA samples.
“They have known about this for weeks,” said Day, noting Prosecutor Dwyer said he needed to study that law the first time the case came before the court.
“This is the third time the matter has been before the court,” Day said. “The statute says what it says.”
Day and Dwyer went up to talk privately with Judge Oakley after the session and Judge Oakley could be heard saying to them, “As long as you and the prosecutor are on the same page.”
Defendant Chapman was arrested on a felony charge of stalking and that case is heading for a December jury trial. When Chapman refused to give a DNA sample, he was also charged with the misdemeanor.
Day said he has a motion to dismiss the DNA charge against his client which he will present next time he is in front of Judge Oakley.
It is believed that Chapman may be the first person in the state to challenge the DNA law.
Savannah Alisan-Paige Haley
Savannah Alisan-Paige Haley, 20, waived her preliminary exam before Judge Oakley and was bound over to circuit court for a Nov. 4 arraignment on the information.
She has been charged with fleeing Van Buren Township police in a vehicle – third degree on Oct. 9. She was out on $5,000/10% bond. Officer in charge is Det. Donovan McCarthy. Court appointed attorney was Dave Lankford.
Leo Louis LaBean, III
Leo Louis LaBean, III, 39, was present but did not appear for his probable cause conference before Judge Oakley. His preliminary exam is set for Oct. 28.
LaBean is charged with home invasion 1st degree; weapons – firearms – discharging at or in a residence; assault with a dangerous weapon; weapons felony firearm, and domestic violence all on Oct. 7 in Sumpter Township.
His retained attorney is Keith Kecskes. LaBean posted his $50,000/10% bond. Sgt. Jim Cayce is the officer in charge.
Zackary Lynn Middleton
The probable cause conference for Zackary Lynn Middleton, 21, was adjourned until 9 a.m. Dec. 2, at the request of his attorney. He is out on $7,500/10% bond.
He is charged with operating while intoxicated – 3rd, fleeing in a vehicle, and driving while license suspended. This happened in Sumpter Township on Oct. 8 and Officer Steffani is the officer in charge.
Deborah Jean Morgan
Deborah Jean Morgan, 63, waived her preliminary exam and was bound over to circuit court on a charge of operating with a high blood alcohol content on April 12, 2014 in the city of Belleville. Her arraignment on the information is set for Nov. 4 at the Frank Murphy Hall of Justice.
Her retained attorney is Carl Barone. Belleville Officer Kendra Rose is the officer in charge.
Dalton James Yarbrough
Dalton James Yarbrough, 21, is set for his preliminary exam on Oct. 28. He is charged with fleeing police in a vehicle and retail fraud in Van Buren Township on Oct. 6. Van Buren Det. Donovan McCarthy is the officer in charge.
He was out on $5,000 personal recognizance bond. Court appointed attorney is David Lankford.
Court records show Yarbrough also has a warrant out for an Oct. 15 armed robbery in Wyandotte.
James Franklin Fox, Jr.
James Franklin Fox, Jr., 48, waived his preliminary exam and was bound over to circuit court for an arraignment on the information on Nov. 4.
Fox is charged with assault by strangulation, assault to do great bodily harm less than murder, assault/aggravated, and domestic violence in Van Buren Township on Oct. 2.
He is free on $5,000/10% bond. Det. Ken Toney is the officer in charge.
Kristen Marie Hanna
Kristen Marie Hanna who was set for her preliminary exam on a charge of assault, possession of narcotics, and domestic violence this month in Van Buren Township, got a plea deal where she reduced her felony count of possession to a misdemeanor charge of use of Vicodin by pleading guilty to a new charge. The other original charges were dismissed.
She will go into Oakdale for treatment.
“Let us know what’s going on,” Judge Oakley said to her concerning her rehab. “I want you clean and sober.”
Court-appointed attorney is David Lankford.