Sumpter attorney Rob Young gives glowing report on Nelson Po case

Sumpter Township attorney Rob Young gave a glowing report to the township board and the public at the Dec. 12 board meeting concerning how Sumpter fared in the Nelson Po cases.
Young said he doesn’t usually comment, but with the recent resolution of the Po case, he had a lot to say. He claimed things were printed as fact in the Independent that weren’t true.
Since August 2016, when they got information on the Po matter, “I was confident what the results would be.”
He said he is not happy when a criminal case is pending or when the township is sued.
He said a preliminary exam was held Oct. 12, 2016 on a charge against Nelson Po before Judge Brian Oakley at 34th District Court and there are 50 pages of transcript of that exam. He said the judge found that Po may have committed the crime, and bound him over to circuit court.
The case was assigned to Judge Boykin and the defense charged entrapment and outrageous conduct, but on Feb. 17 the judge rendered an opinion, denying all the defense’s motions.
“The township acted properly,” Young said, adding the judge said he couldn’t believe the case would go to trial.
Then, there was a lawsuit by Po against Sumpter Township, Supervisor Morgan, and Detective Toth. He said Judge Columbo dismissed Sumpter Township and Morgan as defendants, citing immunity, but continued with Toth because he was said to have “acted with malice.”
He said there was talk about a law suit and, “I had to keep quiet,” but ultimately the township was served with the lawsuit and he continued with the defense.
He said the Wayne County Forfeiture Office got involved and took steps.
Then, a second law suit was filed, this one by Clarita Po, and, “I had to keep it quiet,” Young said, conceding he did reply to those asking if the township could survive a million-dollar law suit by replying, “Bring it on!”
The files were full of information on the case, Young said, but he didn’t want to try the case in public.
There was a third lawsuit challenging the township’s marijuana ordinance and that matter was adjourned, he said.
Young said Judge M. Callahan took over the criminal case, since Judge Boykin had a murder trial he was handling.
Nelson Po pled guilty to attempt to manufacture marijuana and the plea was accepted by the court. Po was “sentenced to a short period of time.” It was a high misdemeanor and he could continue with being a caregiver, Young said.
As to the lawsuits, there was a summary disposition of the cases before Judge Allen on Oct. 17 where the parties put their settlement on the record.
Young said of the $460,000, the Wayne County Prosecutor’s Office got half and half was returned to Mr. Poe. He pointed out Po lost $230,000.
Po’s personal property was returned plus other miscellaneous grow items, he said. Mr. Po agreed to grow on Harris Road for a period of time not to exceed nine months and then move to Willis Road, Young said.
And, $30,000 goes into escrow to guarantee that he moves.
“The township agreed to the settlement of the dismissals of three cases, with prejudice,” Young said.
It releases all Sumpter Township employees from any and all liability. The township agreed it would process Mr. Po’s license for the Willis Road property.
He reiterated the felony charge was reduced to a high misdemeanor and Po can continue his growing.
“We drafted a settlement agreement and it was signed Saturday,” Young continued, saying the license process for Po will be for the caregiving license and he will cease his marijuana activity on Harris Road within 12 months.
Young said there was a glitch on the payment of the settlement money and so he has 12 months on Harris before he has to go to Willis. He said they agree to meet within 10 days to work that out.
The insurance company agreed to pay $15,000, Young said.
“The township was asked to kick in extra money, but I said the township would not pay one cent to Po and Judge Allen did not push it,” Young said.
He said the liens were taken off the Medicare.
“If I read every word of the transcript,” Young continued, “… nothing in it says the township is required to opt into MMFLA (Medical Marijuana Facilities Licensing Act) … people read the garbage that was put out there … the transcript just deals with the township ordinance for MMA (Medical Marijuana Act) not MMFLA …”
He said the township is still reviewing the MMFLA.
He said John Toth was called a liar, the police department was disparaged, and the board was disparaged.
He said without John Toth they wouldn’t have been able to complete the whole thing sucessfully and this all has caused Toth anxiety.
He said you are not allowed to report on what is said in closed session, but he is going to do it anyway. He said 18 months ago he told the board in closed session that the case will go nowhere and the forfeiture case will end up with a substantial amount and the township will get 85% of it.
Trustee Matthew Oddy said the police department did a fantastic job.
And, the township paid zero,” Young said.
“Thanks, Rob, for the endless, endless hours you put into this,” said Treasurer Peggy Morgan. “I’m surprised you have any hair left. We are very proud of our police department. We have the best police department in the State of Michigan.”
“Some people try to destroy the good things people do,” said Supervisor John Morgan.
Trustee Don LaPorte thanked the attorney, adding, he is happy that it’s over. He noted the board was getting the facts in closed session right along and couldn’t talk about it.
Editor’s Note: Attorney Young failed to mention that, according to the transcript, the complete cost of towing and storage of the two pickup trucks taken from Po and being returned would be paid for by Sumpter. “We’ll take care of that and how we’d work that out would be up to us,” Young said in court. The vehicles had been held at Insurance Auto Auction on Rawsonville Road since they were confiscated by Sumpter police on Aug. 16, 2016. They had piled up $20,000 in storage fees since then. The broad waiver signed by the Po’s was, among other things, “to make sure that Sumpter Township doesn’t get sued if the feds get involved or something like that,” according to the transcript. As to the medical marijuana permit applied for by Po on July 28, “… we’ll get the license issued to Mr. Po based upon the township ordinance,” Young told the judge. Po will be able to grow marijuana at his Harris Road location for 9 (now 12) months after the township “planning commission completes its review for site plan approval on the new building to be constructed on Willis Road,” according to the transcript.