The long-awaited preliminary exam for James Forrest Chapman had been scheduled for Aug. 23 in 34th District Court before Judge Bryan A. Oakley.
But on Aug. 23, Judge Oakley again adjourned the exam, this time until 1 p.m., Oct. 25, in hopes of a “global resolution.”
Chapman was to face a felony charge for assaulting/resisting/obstructing a police officer on June 3, 2016 when he is said to have jumped into Belleville Lake to avoid Van Buren Township police after he and another man both called police about their scuffle.
He also was to face two misdemeanor charges for refusing to give DNA samples after being arrested for a felony. A state law that went into effect Jan. 1, 2015 requires police departments to preserve DNA samples for those arrested for felonies.
One charge was from 2015 and was attached to a felonious stalking charge, which has since been settled, although he’s still on probation for that. The other was from last summer’s lake-jumping charge.
There had been three DNA refusals by Chapman, but at the last court session before Judge Oakley the judge dismissed the third charge. It had been attached to the lake-jumping felony when it was reissued after being dismissed by circuit court over a jury trial that could not proceed without the police officers that were prosecution witnesses.
But on Aug. 23, Judge Oakley said he just had two files, and he held one up in each hand. One was the felony charge and one was a single DNA refusal charge. There was no explanation of where the second DNA charge went.
Chapman appeared in the courtroom at 11 a.m. for his 10 a.m. preliminary exam. 34th Court Chief Judge had pointed out at a previous court session that Chapman has a problem with being on time.
When his case was called by Judge Oakley at 12:07 p.m., Chapman’s court-appointed defense attorney Jeff Chilton stated that another attorney, John Day, was in the audience and he and Day would like an in-camera meeting with the judge and Wayne County Assistant Prosecutor Greg Akaraz before the case proceeded. Day has represented Chapman in the past, pro-bono.
Judge Oakley agreed and the four went into a closed-door meeting in the judge’s chambers. Loud laughter could be heard from the judge’s chambers from time to time. The judge came out once to retrieve his insulated drinking cup.
After a half hour, the four returned to the courtroom and Chilton, Day, and Chapman went into the hallway to talk.
Chilton then told the judge that after discussion on this matter he believes justice will be best served if the preliminary exam is adjourned in order to come up with a “global resolution.” Prosecutor Akaraz agreed.
Judge Oakley set the preliminary exam on the felony for 1 p.m., Oct. 25, along with the single misdemeanor charge.
Chilton said he has a motion to file concerning a speedy trial, which he will do in October.
Prosecutor Akaraz said he assumed that the next nine weeks wouldn’t count in the “speedy trial motion” and Chilton said the next nine weeks wouldn’t count.
VBT Lt. Charles Bazzy is listed as the officer in charge of the case, but Officer Michael Long was present to prosecute the case. Officer David Champagne was present, again, waiting to offer testimony against Chapman, but again was not called to testify.
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