Year in Review: Crime and Punishment

In 2010, Michigan Messenger uncovered a variety of policy related stories in the area of crime. From sex offender list policy, to allegations of sexual assault at Michigan State University, here are the top five stories of crime and punishment from Michigan Messenger.

Sex offender policies

In April, Michigan Messenger helped the Lansing Police Department track down and apprehend Adrian Hill. Hill, 37, was wanted for failing to register his address with the Lansing Police, as required by Michigan’s sex offender law. He faced a misdemeanor charge for failing to register for three years. And yet Hill was not hiding from authorities. He was on Facebook and was organizing a program to feed the homeless at a Lansing community center.

The story raised a series of policy implications. For Lansing it lead to a months long debate about whether of not to cross check applications for use of city facilities with the sex offender registry. Such a check would have detected Hill and possibly lead to his apprehension. In the end the city developed a policy allowing park and recreation officials to review applicants and check them against the sex offender registry as they saw fit.

In addition to the city policy, the story raised concerns statewide about the effectiveness of the state’s sex offender registry.

The story also lead Rep. Rick Jones (R-Grand Ledge) to introduce legislation to make it a felony for sex offenders to fail to register as required under Michigan law. The legislation was never given a hearing or a vote.

Sex offenders and the Internet

As a result of the Adrian Hill case, Michigan Messenger revealed the results of an investigation into sex offenders and the internet. Specifically, registered offenders using the social networking site MySpace.com.

That investigation found at least 200 sex offenders with active MySpace accounts. The Attorney General’s Office has reportedly opened an investigation into the number of sex offenders on the site.

Lawmakers said the investigation showed the need for legislation introduced by Rep. Joe Haveman (R-Holland) which would prohibit any convicted sex offender from using social networking sites. The legislation never had a hearing or a vote.

MSU basketball players accused of sexual assault

By far the most discussed crime and punishment story during Michigan Messenger’s 2010 publication situation was the story of two Michigan State University basketball players accused of a sexual assault on campus.

On Aug. 30, a female student says two high profile MSU basketball players invited her back to their room, where the two sexually assaulted her. She reported the alleged crime to campus policy who were able to get a search warrant for the dorm room. The investigation resulted in a referral to Ingham County Prosecutor Stuart Dunnings III. Dunnings refused to issue warrants in the case, angering anti-sexual assault advocates.

Dunnings said there was not evidence of a crime, but a review by a defense attorney, a former prosecuting attorney and a sexual assault educator who works with the NCAA found differently. The defense attorney and sexual assault expert both said there was evidence for a warrant, while the former prosecutor said the case required additional investigation before a warrant could be issued.

HIV-as-terrorism charges tossed by judge

Following up on a story that Michigan Messenger broke in November of 2009, a Macomb County Circuit Court judge rejected a charge of bio-terrorism against an HIV-positive gay man accused of biting the lip of a neighbor during a fight.

After accepting friend of the court briefs from Lambda Legal Defense and Education Fund as well as the ACLU, Judge Peter Maceroni ruled in June that there was not evidence to support the bio-terrorism charge sought by Macomb County Prosecutor Eric Smith. As a result, he rejected the charge, leaving the Clinton Township man accused of the crime, Daniel Allen, facing only two felony charges.

In December, Allen plead guilty to one felony and received probation.

The case garnered national attention and advocates said the move unfairly criminalized HIV-positive people.

HIV specific criminal law in Michigan

And while the HIV-as-terrorism case found resolution by removing the terrorism charges, there was plenty of attention focused on the state’s controversial HIV disclosure law.

Michigan Messenger told the story of Noah, and his ex-girlfriend Susan. Noah was facing possible felony charges in metro Detroit for failing to disclose his HIV-positive status to Susan. Noah spoke exclusively to Michigan Messenger, and shared his struggle with stigma, something experts and studies say many HIV-positive people struggle with daily.

In addition, Michigan Messenger was on hand for the inaugural meeting of the Positive Justice Project. That meeting, which included leaders of various AIDS service organizations, the Justice Department, and activists was the launch of a movement to repeal HIV-specific criminal laws in the U.S.

Those laws were also condemned by President Barack Obama in the nation’s first ever National HIV/AIDS Strategy.