Judge Green postpones Chapman’s cases for two more weeks

James Forrest Chapman showed up at 10:38 a.m. on Aug. 9 for his scheduled 10 a.m. preliminary exam before 34th District Court Chief Judge Tina Brooks Green.
And then, his felony charge of assaulting / resisting / obstructing a police officer and two misdemeanor charges of refusing to furnish DNA samples was adjourned, yet again, this time to 10 a.m., Aug. 23, before Judge Brian A. Oakley.
Here’s how it happened.
Judge Green announced when he didn’t show up as 10 a.m. approached, “I won’t be waiting for Mr. Chapman” and his new, court-appointed attorney Jeff Chilton said he wouldn’t be waiting around for Chapman, either. He had yet to meet or talk to his new client.
Judge Green noted that Chapman has a chronic late problem.
Chilton asked for Chapman’s phone number and Judge Green said she didn’t have it, but possibly Judge Oakley’s office had it. Chilton went to Oakley’s office and then returned with a report to the court.
Chilton said Oakley’s clerk talked to Chapman earlier that morning and she told him to be in court at 10 a.m. Chilton said he called the number he got from Oakley’s office and left a message for Chapman to get to court earlier than 10 a.m., if possible, so they could talk.
At about 10:12 a.m., Chilton gave another update on Chapman. He said a person at the number he called had called back and said it wasn’t Chapman’s number.
Chilton said he has learned that Chapman does “forum shopping” and if he comes in the afternoon, Judge Oakley arraigns in the afternoon and will give him personal recognizance bond for any bench warrant.
Judge Green said they do not allow “forum shopping” at 34th District Court and she will release the court-appointed attorney at 10:30 a.m. and a new date would have to be set. She emphasized that she will sign a bench warrant for Chapman.
“I give them a half hour” past the scheduled time, Judge Green said.
Judge Green left the courtroom briefly and sent out word through her clerk that, “It’s set for today. It’s going today!” referring to the preliminary exam.
When Chapman’s case was called shortly before 11 a.m., Assistant Wayne County Prosecutor Greg Akaraz said he and Chapman’s attorney Chilton agreed to adjourn the case for two weeks until Aug. 23.
Judge Green objected, but Chilton asked to address the court.
He told Judge Green that there had been a breakdown in the relationship with Chapman’s first court-appointed attorney and he, Chilton, had been appointed the previous Friday, Aug. 4.
“I was not provided with discovery,” he said, referring to the evidence. “As a matter of professional courtesy, I ask for moving of the exam to Aug. 23, 10 a.m. to adequately prepare.”
Judge Green agreed and noted it will be going back to Judge Oakley.
“I suggest you are there on time,” Judge Green said to Chapman.
Chilton said Chapman has prepared motions on the misdemeanors and would like to place one in the file. Judge Green allowed a motion to be placed in the file and Prosecutor Akaraz said he had been given the motion, as well.
“I will call on Friday,” Chapman said to his new attorney.
“I’m sure you will,” Chilton said.
The felony charge that is the subject of the Aug. 23 exam is from last summer when Van Buren Township police say Chapman jumped in Belleville Lake to avoid police after a confrontation with another man. Chapman and the other person had both called VBT police.
The case went to trial in circuit court twice. The first trial was declared a mistrial Oct. 27 after a juror suffered a medical problem and a VBT police officer went into the jury room to help her.
Then, when the case went back to a jury on May 2 the VBT officers failed to show up to testify because they said they didn’t get subpoenas and were on the other side of the state getting once-a-year marine training offered by the state.
That’s when the judge dismissed the charge without prejudice.
The Wayne County Prosecutor’s office refiled the felony charge and that is the one proceeding very, very slowly through 34th District Court.
The failure to provide DNA misdemeanors are tied to that police incident in 2016 and to an aggravated stalking charge on Aug. 16, 2015. The new state law requiring police departments to retain DNA samples for anyone arrested for a felony went into effect in January, 2015.
Judge Oakley had dismissed the earlier DNA charge against Chapman, but circuit court overturned his dismissal and sent it back to Oakley’s courtroom.
A third DNA refusal charge had been filed against Chapman when he recently refused a sample for the refiled charge. Judge Oakley dismissed that charge at the Aug. 2 session.