Court Watching: Chapman’s DNA case postponed 45 days to negotiate with circuit court

A bench trial had been set for Dec. 14 before 34th District Court Judge Brian A. Oakley to reconsider a misdemeanor charge against James Forrest Chapman, 57, of Van Buren Township, for refusing to give VBT police a DNA sample after an arrest on June 3.
Wayne County Assistant Prosecutor Nadine Hammoud began by explaining the background of the case, noting it was dismissed in district court and the Prosecutor’s office appealed the dismissal and circuit court remanded it back to Judge Oakley’s courtroom for reconsideration.
She said the media (Independent) reported that Judge Oakley said if they send the case back to him, the same decision to dismiss would be made.
Judge Oakley agreed that he said he would dismiss again. He said the circuit court said he abused his discretion, but the circuit court gave him no guidance and he had no reason to think his interpretation of the new law requiring DNA samples is faulty.
“If he makes the same motion, I will make the same decision,” Judge Oakley said. “Nothing else is changed.” He referred to defense attorney John Day’s motion to dismiss.
“That I abused my discretion is false,” Judge Oakley said. “My job is to make my interpretation of the statute. This was appealed by the People and the circuit court said it was inaccurate. This was not an abuse of discretion.
“I’m not recusing myself,” Judge Oakley stated. “Give me a brief from the Prosecutor’s office – which I never have seen, ever.”
Jerry Dorsey IV, chief of the Wayne County Prosecutor’s Office Trial Division, entered the courtroom and was given the floor.
He said if they go forward with the bench trial that day and the judge makes the same decision to dismiss, it would preclude the People from coming back.
Dorsey suggested they stay these proceedings and get a motion.
“You were not authorized to dismiss under those circumstances,” Dorsey said, adding the parties could submit briefs.
“I never wanted to hear from the circuit court – let me be clear,” Judge Oakley said. “If I had guidance, at least I’d know what they were thinking.”
Dorsey again asked Judge Oakley to stay the proceedings so the parties can submit briefs.
“I think the People are out of luck if we go to trial,” Dorsey said. “The judge makes a decision and …”
Defense attorney Day said he filed a motion for dismissal and there was no filing from the Prosecutor’s office.
Day said the circuit court had attached just one sentence in sending the case back to Judge Oakley. He agreed the Prosecution should put forth its facts and it should go to circuit court before “we make a decision that’s not right.”
“Let the Prosecution prove there’s a violation and send it to the court,” Day said.
Judge Oakley said this should be prior to the trial.
“It’s the same statute,” said Dorsey. “Nothing is changed. We can get the interpretation consistent with what the law was intended to be.”
“I don’t mind,” Judge Oakley said. “It’s a brand-new law and it’s worth a couple hours of briefs. If you read it, I think you will agree there are problems.”
“Unfortunately for Mr. Chapman, he’s a defendant in two cases with the same charge,” Day said. “I have tried to get these charges combined.”
Judge Oakley said one DNA charge is tagged on a felony charge that now is at circuit court.
“Why can’t this be combined with the circuit court charge?” Judge Oakley asked.
“You have to have the defendant agree and the court,” Dorsey said. He was told the defendant did agree, but it was getting the court to agree that was the problem.
“I’m chief of the trial division,” Dorsey said. “I will direct my Prosecutors to combine them, if the court permits it.”
“I’ve been trying to get this combined,” Day repeated.
Judge Oakley called a break in the proceedings while Dorsey and Day talked about the situation.
When court was back in session, Dorsey asked Judge Oakley to adjourn the bench trial for 45 days so they can have a ruling on the issue. It will be resolved in Circuit Judge Margaret Van Houten’s courtroom or, if nothing happens there, back at district court.
An in-house review was set for 10:30 a.m., Feb. 15, in Judge Oakley’s courtroom.
Chapman’s trial on a felony charge of assaulting/resisting/obstructing a police officer and refusing to provide a DNA sample is scheduled as a jury trial on Jan. 23 in Judge Van Houten’s courtroom. It was agreed that jury trial may be postponed until this DNA issue is settled.
Chapman’s first jury trial on the felony charge was held in October and then declared a mistrial after the jury room was entered by a police officer during a health emergency.
Present in Judge Oakley’s courtroom on Dec. 14 were VBT Police Lt. Charles Bazzy, Detective Donovan McCarthy, and Officer Patrick Wehrman.
At the end of the session there was a disruption when Chapman turned to the Independent reporter in the courtroom and made a cutting motion across his throat while glaring at her. Later he approached her and ordered her not to spend too much ink on the report of the session.
The VBT police officers witnessed the perceived threat and reported it to defense attorney Day. The three also walked the reporter to her car in the parking lot.
Thomas Charles Cahill
Thomas Charles Cahill, 22, had his probable cause conference before Judge Oakley by video from the Wayne County Jail where he is lodged without bond. He is accused of assault with intent to commit murder, torture, second-degree arson, larceny in a building and stealing a credit card on Dec. 2 in Sumpter Township where he is accused of attacking his grandfather with a hammer. His preliminary exam is set for Jan. 11 with his codefendant.
Chanice Khadish Letang
Cahill’s co-defendant, Chanice Khadish Letang, 20, had her probable cause conference by video on a charge of accessory after the fact to a felony. She was being held in the Wayne County Jail on $10,000 cash bond. Her court-appointed attorney said Sumpter Police are not finished with the investigation and Prosecutor Latoya Willis supported adjourning the preliminary exam until Jan. 11. Letang’s court-appointed attorney said her client is a Dominican whose mother died when she was five years old and her aunt, who lives in Belleville, adopted her. “It’s not fair to have my client sitting in there for Christmas while police finish their investigation,” she said. Willis said Letang is here on a green card and hadn’t been staying at home. She was arrested at a local motel. Her bond was reduced to $10,000/10% with a GPS tether. Her preliminary exam was set for Jan. 11 with Cahill’s exam.
Jovon Jacob Craig
Jovon Jacob Craig, 19, was due for his probable cause conference on two charges of larceny in a building (cell phones on display) on Nov. 28 in VBT. He posted bond of $5,000/10% and did not show up at court. Judge Oakley signed a bench warrant for him. Court records later showed at the time Craig was jailed on a larceny in a building charge out of Livonia, where he also was facing another similar charge.
Jalil Rashon-Josiah Smith
Craig’s co-defendant Jalil Rashon-Josiah Smith, 20, was present for his probable cause conference and will hold his preliminary exam Dec. 28 on two charges of larceny in a building (also involving cell phones on display) in VBT on Nov. 28. He is out after posting bond of $5,000/10%. He also has two other larceny in a building charges out of Livonia.
Michael Ray Malone
Michael Ray Malone, 36, waived his preliminary exam and was bound over to circuit court for an arraignment on the information on Jan. 11. He is charged with possession of analogues, possession of a controlled substance, and driving while license suspended on Jan. 6, 2015 in VBT.
Greg Alan Nalepka
Greg Alan Nalepka, 33, waived his preliminary exam on charges of operating while intoxicated and no license/multiple licenses on Nov. 30 in Sumpter Township. He was bound over to circuit court on Jan. 11 for an arraignment on the information.