Court Watching: Judge Oakley denies motion to dismiss by Rasmussen’s attorney

James Murray, retained attorney for John Patrick Rasmussen, 54, on Dec. 6 made a motion before 34th District Court Judge Brian A. Oakley to dismiss the charge against his client because his client did not receive a speedy trial.
Rasmussen is charged with driving while intoxicated – 3rd on April 17, 2015 in Van Buren Township.
The Wayne County assistant prosecutor said there is no right to a speedy arrest or a speedy trial and they have not met the 18 months mark.
Judge Oakley said the main crux is that the clock doesn’t start at the time of the alleged crime but at arraignment.
Murray said it was a 2015 arrest and there was no effort to prosecute until July, when an officer came to his client’s door. He said he asked several times if his client was going to be prosecuted. Murray said it’s been so long that there has been destruction of all the video, audio, and blood and there is no evidence to study. He said the clock begins ticking with the arrest.
The prosecutor said there was no indication there ever were videos.
Murray said the Michigan State Police gave notice that the blood taken would be destroyed after two years and it was.
“I’ve been advised all is gone,” Murray said noting they were never given notice of that.
Judge Oakley denied the motion to dismiss, saying the clock didn’t start ticking until the arraignment.
Murray said there was no reason for delay and the delay of the arrest resulted in undue stress for his client.
Rasmussen’s preliminary exam on the charge was set for 10 a.m., Dec. 27.
Clayvon Anthony Choates
Clayvon Anthony Choates, 26, did not show up for his preliminary exam and so Judge Oakley signed a bench warrant for his arrest.
Choates was free after posting $10,000/10% bond on charges of larceny in a building and larceny of more than $1,000 but less than $20,000 on Jan. 24, 2015 in Van Buren Township. According to court records, there also is a warrant out for his arrest for failure to appear at circuit court for sentencing on a guilty plea of possession of a narcotic.
Jonathan Lowell Bivens
The preliminary exam for Jonathan Lowell Bivens, 47, is set for Dec. 13 on charges of receiving and concealing a stolen vehicle and unauthorized driving away of an auto on Nov. 25 in Van Buren Township.
He is lodged in the Wayne County Jail on $25,000/10% bond. His court-appointed defense attorney David Lankford said he talked to Bivens by video from the jail and they plan to hold the preliminary exam, instead of waiving.
Anthony Steven Okonski
The misdemeanor charge of domestic violence in Belleville against Anthony Steven Okonski was scheduled for a bench trial before Judge Oakley. Court appointed attorney Jeff Bowdich told Judge Oakley that the charge had been dismissed so his client left the courthouse.
Kenneth Joseph Landstrom
A jury trial will be held on Feb. 9 for Kenneth Joseph Landstrom who is charged with four misdemeanors. He has three charges against him of lying to Van Buren Township police officers and one charge of contributing to the delinquency of a minor. His pretrial appearance was Dec. 6 when his attorney Robert Coutts asked for the jury trial.