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Welcome Argus ReadersProsecution Of Drain Commish ‘Unjust’
As I mentioned earlier, the AG opinion on Butcher / Holzhausen is now available. You can download a copy of this here. (pdf)
Notice these little nuggets:
*The opinion is date stamped as received by Shiawassee Prosecutor Randy Colbry on January 22. Yet Colbry didn’t act on it until February 23, when he announced that he was dropping charges against Bernie Butcher. Why did he sit on it for a month?
*The legal opinion notes that the fees were paid into a special fund and not directly received by the Drain Commissioner. The money was not directly received by the DC; therefore, it was “out of context” to use the statute that Colbry was trying to use for prosecution. (p4)
*Intent to defraud may not be required for prosecution, but the applicable statute requires a ‘knowing’ misappropriation of funds. The conduct of the Drain Commissioners appears to be a mistake and does not meet this requirement. (p5)
*AG opinion references a conversation with Colbry in which Colbry indicated that the case against Holzhausen was stronger than the case against Butcher. AG goes on to explain that even the case against Holzhausen is weak. (p5)
*The process of submitting vouchers had gone on for years with “tacit approval of multiple layers of county oversight.” (p5)
*The AG is “declining to issue charges against Mr. Holzhausen related to these fee vouchers. Any contrary conclusion would entail unintended and arguably unjust consequences.” “…logic would require that the County Treasurer (and perhaps others) also be charged…” (p6) (emphasis mine)
This has home really interesting stuff in it. AND, the statement about their ‘conversations’ leading to the ‘stronger case’ makes me furious. He felt he had a stronger case against Holzhausen, yet sent the information to the AG, and arrested Bernie.
What a horrible thing to do to Bernie.
That is just the start of my opinion on this. I think our banter back and forth, plus input from others about this should be really interesting.
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Shoot!!! I meant this has SOME really interesting stuff, not home… sheesh….brain moving faster than the fingers again.
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We (me) forgives the typo………I hae the same problem with my fingers
So far I don’t know if anybody has talked to Bernie since this came out.
I think this nonsense did a lot of damage to Bernie and to Gary, too. But more to Bernie as he was the one hauled off to jail.
Just so disgusting and I again recommend “The Innocent Man” by John Grisham. The prosecutor in that book got nothin’ on ours—who still thinks there is a civil case against Bernie and Gary?????? I don’t think so………just more harassment for the both of them.
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I have talked to Bernie briefly, and to say the least he is relieved.
You are so very right that a lot of damage and pain has been inflicted here.
So many people that I talked to after that were rejoiced that the charges against Bernie were dropped. But their hearts were still heavy because of the damage, trauma, stress and pain that was suffered.
Still seems so wrong that with a ‘weaker’ case, Bernie was charged and arrested.
So sad.
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I have an answer to Christine’s question on why did Colbry wait a month before releasing the AG letter. According to a very reliable source who wants to remain hidden, Colbry was still trying to get a guilty plea bargain all the while he had the AG decision in hand!! That is unethical to say the least and I am wondering if it is even legal?
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Whether he was actively seeking a plea bargain by way of contacting Bernies attorney or not, is irrelevant.
The offers had been made. They had not been rescinded. The charges were not dropped. How many times does a Defendant wait until the 11th hour to actually take a plea bargain that was offered far earlier? They do this because they have lost the battle of attrition and run out of funds, while the Prosecutor doesn’t have that problem; is scared that his sentence could be harsher than the plea if indeed they are convicted, and juries can be funny, an innocent man can be convicted; or they have just lost the fight in them.
Questions?: What would have happened had Bernie’s attorney accepted the plea bargain say on February 12? Would the Prosecutor accept the plea knowing what the AG Decision/Letter had said? Would he do the right thing and notify the attorney that he was not going to pursue the charges?
I think that the answer is fairly obvious because if he would have done the right thing… it would have been done on the afternoon of January 22.
Of course, that is just my opinion. And I have been wrong. I just don’t like to admit it.
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I don’t think you are wrong……………
I think that he was trying to get some kind of a guilty plea and had he been able to do that we might never have heard of the AG’s decision.
Maybe he just ran out of excuses to keep it under wraps.
sicko………..”The Innocent Man” by John Grisham……………..100%
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I think that Tina and Kay Lauro are both right in their assumptions of Colbry. I was wondering if Bernie took the plea, the AG letter would have been burried somewhere lost like the lack of evidence of an any approval for the soil erosion reimbursement. Things seem to get to lost easily around there you know?
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Tuvia….we need you on the Open Forum, too
thx for your input
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