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6690 version #1. Call Lawyerdude: 504 581 9970. Or call Ron: 989-891-1411
Lawyerdude1989@yahoo.com Http://www.circuitlawyer.8m.com/traffic.html
This is the complete 222 page File in the 1995 Fox case file from St. Ignace, Michigan.
Ron Fox has always been innocent.
He took a plea after nearly 3 years.
The court went through 3 judges, 3 public defenders, and 3 prosecutors.
The court reneged on its plea bargain by continuing punishment beyond probation.
The remedy is revocation of the plea and dismissal now for then.
This page is: Http://ronfox.250free.com
Related Pages:
Here is a link to the brief for St. Ignace court: http://ronfox.250free.com/ignace.html
Here is a link to Ron Fox’s Bay City cases: http://www.lawyerdude.8k.com/ronfox.html
SubDocument #7040 Version #1:
Statement of the Saint Ignace Case
On Feb 5, 1995 Ron Fox drove 4 hours from Bay City to Saint Ignace for the funeral of his Grandmother. He slept there overnight. His niece, the alleged victim, gave up her bed so that Uncle Ron could sleep there. She traded bedrooms with her brother Bentley. While Ron was sleeping the niece jumped in bed with Uncle Ron and Bentley. She slept between Uncle Ron and her brother Bentley. Nearly 4 months later the mother of the niece/ alleged victim reported to the police that Uncle Ron’s hand touched the outside of the underpants of the alleged victim. Testimony of the alleged victim is consistent with Uncle Ron’s insistence that he was sleeping the whole time and must have done it in his sleep. Upon hearing the allegation, Ron’s wife informed Ron that he has fondled her in his sleep.
Near the end of the 2.5 year case the charges were changed to “attempted” whatever. This is wrong because the essence of this case is that there was no attempt; there was no intent; there was no mens re. Judge Lambros believed the police officer when he said that Ron confessed to the crime. The office did not understand that Ron meant that he now knows what may have happened. The police lost the tape recording but they did make a transcript and they gave it to defense counsel. We should get the file from the 3rd lawyer; he was Prentiss Brown, 246 Ferry Lane,. St. Ignace, Michigan 49781 Brown, Prentiss M Pc Atty 906-643-7704
Ron explained this ambiguity to Dr. Cook who included it in his report, but the report of Dr. Cook contains the mistaken statement that Ron’s had was somewhere other than outside the pants. This was went through 3 judges, 3 prosecutors, and 3 public defenders in the course of 2.5 years. Although it is a misdemeanor, it is wrongly labeled as a felony. Also, Ron was assured in writing that he would not be required to report as a sex offender; the state reneged on that deal.
The alleged crime is a specific intent crime. Ron could not have had the intent if he was sleeping.
A reasonable discussion of this was will include the statutes listed in the complaint.
It is a denial of due process to merely list the statutes and expect a defendant to know what they say, but that is what happened in this case at the following page: http://ronfox.250free.com/10.jpg
The remedy is dismissal nunc pro tunc (now for then, retroactively). Fraud vitiates the consent. As to fraud vitiating the consent, look here: http://www.ballew.com/bob/htm/fotc.htm or Google for it.
Contents and Highlights of this 220 page file from Saint Ignace Court:
Links to all pages in the 220 page appellate record:
Lawyerdude says: I numbered the pages in file from top to bottom. Therefore page #1 is the very last item in the folder - right on top. Conversely the earliest items in the folder are at the bottom of the stack.
page 1 http://ronfox.250free.com/ronfox001.jpg 1999 July 1. Judge signed order discharging Ron from all obligations imposed by this court. Despite this, the state imposes obligation to pay $35 and to report as a sex offender. Ron was not informed of this consequence of his plea.
page 2 http://ronfox.250free.com/2.jpg
http://ronfox.250free.com/3.jpg March 11 1998, the court amends the terms of the probation so that the court, and not Ron, gets the return of the bond money posted for Ron. This is not right, but it is done. This is not the main issue in our case here.
http://ronfox.250free.com/4.jpg I had to cut this page in two because otherwise I could not upload it.
http://ronfox.250free.com/4bottom.jpg August 4, 1997. 2.5 years after the alleged act. Ron’s terms of probation and his signature. Notice that it says that Ron must register as a probationer. That would make any reasonable person think that this was a term of probation and that it would be discharged upon completion of probation like all other terms. Although the form cites several statutes, due process requires that Ron be fully informed in order for his consent to be valid. Ron was not fully informed and therefore his consent is no valid. Notice that there was a hearing July 25 at which time the judge signed the probation order but Ron did not sign it until August 1. Was Ron in Court on 25 July? Yes, because he signed another paper. It appears that Ron’s lawyer was being prudent and taking time to read the terms of probation.
http://ronfox.250free.com/5.jpg Notice that the judge signed this on 25 July but Ron did not sign it until Aug 1. This causes me to suspect that Ron was not in court on 25 July but Ron must have been there because on the 25th he signed his paper regarding right to appeal and it was filed on the 25th .
http://ronfox.250free.com/6.jpg I had to cut off part of the top of page 6. You can see that part on the following page.
http://ronfox.250free.com/6top.jpg Probation terms signed by Judge but not by Ron.
http://ronfox.250free.com/7.jpg Notice of right to appeal.
http://ronfox.250free.com/8.jpg Prosecutor moves to dismiss the main count.
http://ronfox.250free.com/9.jpg Notice of Hearing on 25 July.
http://ronfox.250free.com/10.jpg 17 June 1997 (according to the file stamp) - 2.3 years after the alleged crime - the prosecutor changes the accusation to “attempted” on the basis that Ron was prohibited from doing the alleged act. This accusation is wrong; wrong did not try anything; he was asleep. There are several code sections embedded in this paragraph of the complaint. The details are in the code section. The court owed Ron a duty to explain this to him.
http://ronfox.250free.com/11.jpg Letter from Victim’s advocate to sentencing official
The forensic psychiatrist made a weak report for the judge and a strong report for the lawyers:
Following is the judge’s weak report:
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The best explanation of the case was made by the person who listened the best, namely Dr. Stephen C. Cook, M.D. The following is that strong 12 page forensic report. November 8, 1996 is when Ron met with Dr. Cook.
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http://ronfox.250free.com/k2.jpg There is a serious mistake on this page. “Inside” the underpants is a mistake. The alleged victim has always testified that it was OUTSIDE the underpants. Notice that there is a missing quotation mark. Obviously this paragraph was in the middle of editing.
http://ronfox.250free.com/k3.jpg This is a key page. However, Ron says that the alleged victim had her Mom’s permission to sleep with Ron. Also, Ron says that the nephew - not the niece - was in the middle of the bed. However, Ron’s meeting with the Doctor was on November 8, 1996, nearly 1.8 years after the event. Also, Dr. Cook has critical facts wrong in the report and therefore the discrepancy in the story may be a product of Dr. Cook’s negligence.
http://ronfox.250free.com/k4.jpg Page 4 contains the key to the case and the explanation that the lawyer could not give at the Preliminary Examination. When asked if he knew that he did it, Ron answered “yes” but what Ron meant is that he knows now - or rather understands now how that could have happened in his sleep - because his wife reported to him that he sometimes fondled his wife in his sleep. Therefore the answer that Ron gave to the police was ambiguous and the ambiguity was exacerbated by the police who lost the tape recording. However, they claim to have sent a transcript of the interview to defense counsel.
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http://ronfox.250free.com/k12.jpg The Forensic Shrink writes: “He admits that the actions were wrong (if they occured).” This proves that Ron does not admit doing anything except what he may or may not have done while sleeping - which is no crime at all.
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Here is the 45 page transcript of the hearing on the Motion to Suppress Evidence.
Boring. Weak.
It was heard in Circuit Court on June 7, 1996 - nearly 1.3 years after the alleged unlawful touching. The transcript begins at page 48 of the 220 page file of the Circuit Court. Observe that we have a new Judge and a returning/ replacement Public Defender, Lambros and Stuart Spencer, respectively.
Cases cited by the Defense and Prosecution are:
People v Robinson 386 Michigan 571at page 6 of the transcript.
People v Belknap 146 Michigan App is cited by prosecution at page 8.
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http://ronfox.250free.com/s4.jpg Defense Counsel Stuart Spencer says that he started in this case and then Ron hired Attorney Rasor of Royal Oak, Michigan, and now Spencer is back on the case arguing this motion written by Attorney Rasor. Argument: You can’t waive your rights if you don’t know what they are.
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http://ronfox.250free.com/s11.jpg Direct Examination of Rev Omansiek by Defense Counsel.
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http://ronfox.250free.com/s42.jpg Obviously the judge does not understand the case because he blames Ron for the delay when actually that alleged crime was not reported for 4 months!
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http://ronfox.250free.com/s44.jpg Judge rules that the oral hearsay statement of the police alleging a confession by Ron will be admitted. Nobody argued the element of intent requisite to the crime.
http://ronfox.250free.com/s45.jpg This is page 93 of the paper file. Certificate of the Court Reporter of June 7, 1996 hearing.
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http://ronfox.250free.com/115.jpg People’s response to motion to suppress. Notice that they sent to Ron’s counsel a transcript of Ron’s interview of May 23 1995 at the police station in St. Ignace. Aha! We don’t have a file from the defense! We need to find the most recent lawyer and ask him for this transcript - and the file. From http://ronfox.250free.com/k1.jpg we see that the 3rd lawyer was Prentiss Brown, 246 Ferry Lane,. St. Ignace, Michigan 49781 Brown, Prentiss M Pc Atty 906-643-7704
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http://ronfox.250free.com/119.jpg Copy of the case of People v Hill (1987)429 Michigan 382 to argue that Ron was not entitled to Miranda warnings because he was not in custody at the time that he talked to police.
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http://ronfox.250free.com/128.jpg Last page of the opinion in People v Hill
http://ronfox.250free.com/129.jpg Prosecutor Dalimonte’s one page response to Defense Motion to Suppress. Wrong. They filed a better response. It is at this page: http://ronfox.250free.com/115.jpg
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Here is a Transcript of the Preliminary Examination of Tuesday Sept 26, 1995 - nearly 10 years ago. It proves that Ron was indeed sleeping when his niece jumped in bed with him.
The transcript is 36 pages long and begins at page 135 of the court file:
http://ronfox.250free.com/p1.jpg Observe that somebody changed the case number on this page - likely when it went from district court to the circuit court which is a higher court.
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http://ronfox.250free.com/p3.jpg The judge says that this is a “high court 2 year misdemeanor charge” - not a felony!
http://ronfox.250free.com/p4.jpg The “victim” is there. They will not use closed circuit television.
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http://ronfox.250free.com/p10.jpg “Rox Fox was living at your house” That is not right. Ron was there for Gramma’s funeral; he was not living there!
http://ronfox.250free.com/p11.jpg She says that she went into the wrong bed.
http://ronfox.250free.com/p12.jpg “He stuck his 3 fingers on my vagina” said twice. This is memorized. It was outside her clothes. She got up and went to the bathroom afterwards (and before also - because that is how she got into the wrong bed in the first place.
http://ronfox.250free.com/p13.jpg Ron said nothing. Consistent with being asleep. She told her mom about it 6 months (actually 4 months) later.
Now begins the cross examination by Attorney Rasor:
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http://ronfox.250free.com/p15.jpg She was in bed such that her feet where at Ron’s head and her head was at Ron’s feet - sorta.
http://ronfox.250free.com/p16.jpg She thinks that Ron was asleep when she jumped into the wrong bed with him. This whole story makes no sense. She could have easily got out of the wrong bed and gone back where she was supposed to sleep.
http://ronfox.250free.com/p17.jpg Again, line 16 etc., she does not know if Ron is asleep. Ron says nothing. The alleged victim cannot see Ron’s eyes in the dark. Mom went to social services. Big mistake. That is what started all this trouble.
http://ronfox.250free.com/p18.jpg She “already know” what “molested” means and that is the word that she told her mom.
http://ronfox.250free.com/p19.jpg “I know him and I didn’t know M.J.” Who is MJ?
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http://ronfox.250free.com/p22.jpg Page 21 and 22. Actually she did not see Ron’s hand. She never said anything to Brother Bentley about this - and she never said anything to Ron. (Neither of them knew anything about the alleged act until the allegations were made 4 months later.)
Now begins the direct examination of Officer Paquin:
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http://ronfox.250free.com/p24.jpg Met Ron at May 23 regarding alleged events. Ron put the date at 5 February.
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http://ronfox.250free.com/p28.jpg Officer noticed that Ron’s speech was slow but he took no special Miranda procedures - just the standard advisement. Officer admits that Ron told him about his head injuries and yet the Officer took no heed of it.
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http://ronfox.250free.com/p30.jpg Judge overrules Miranda motion but somebody should have run it again at the Circuit Court to which this case was transferred.
Issue: Corpus Delecti rule: The crime cannot be proven by a mere confession! Especially not a crime whose elements are not known by the defendant! Or the victim! The element of intent is missing!
Critical “Did he admit to you that he indeed touched the girl’s vagina? Answer: Yes”
http://ronfox.250free.com/p31.jpg Question: Did Ron tell you that he touched his wife . . . while he was asleep? Answer: No. Remember that there is no written confession and the tape recording has disappeared from police custody or it was erased.
http://ronfox.250free.com/p32.jpg Prosecutor says that victim is under 8 years of age; she testified that she is 9. She could not have been under 8 only 7 months ago.
http://ronfox.250free.com/p33.jpg “Not a scintilla of evidence” regarding intent. Judge agrees that sleep would preclude criminal intent but seems to find Ron guilty on the basis if the ambiguous/ unknowing/ uninformed confession; Ron did not know the elements of the crime. Now could he have confessed?
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http://ronfox.250free.com/p36.jpg is the last page of the preliminary examination. Nancy Morrison apparently transcribed a tape recording made by another woman some 3 months earlier.
http://ronfox.250free.com/166.jpg Stipulation to reschedule the Motion to Suppress Evidence
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http://ronfox.250free.com/168.jpg Cover Letter from Attorney Rasor for his Motion to Suppress Evidence
http://ronfox.250free.com/169.jpg 1st Page of Motion to Suppress Evidence
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http://ronfox.250free.com/180.jpg Last page of Motion to suppress evicence.
http://ronfox.250free.com/181.jpg First of five. Fingerprint cards
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http://ronfox.250free.com/222.jpg This is the first page in the folder. This page is at the bottom of the stack.
End of the 222 page folder from St. Ignace Michigan.
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32. Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html
People who link to me:
33. I thank Bill Munro http://www.landrights.com I thank http://www.commonlawvenue.com/ I remember Dan Meador http://www.lawresearch-registry.org/ , http://www.geocities.com/CapitolHill/Rotunda/4027/ ; http://www.wakeupaustralia.net ; http://home.houston.rr.com/jtyner/links
Jan 12, 2005. Upgraded Saturday, June 18, 2005.
