Detroit police officer causes hearing delay for man set to be freed

A person, 35, was set to be launched after 15 years of wrongful imprisonment Friday however a Wayne County choose delayed the exoneration as a result of she was approached by a Detroit officer who claims to have additional data.

In a listening to Friday, Terance Calhoun was moments from being cleared of his supposed crimes and having his 2007 case dismissed when Decide Kelly Ramsey mentioned the listening to had to be adjourned. She mentioned she was approached by Detroit Police Officer Robert Kane, who had a binder of data that he believed to be related to the case and the discharge of Calhoun. 

Kane testified at Calhoun’s preliminary examination in November 2006.

In 2007, Calhoun was charged with a number of crimes in two separate instances involving the rape of a 13-year-old woman and tried sexual assault of one other woman, 15, to which he pleaded no contest. He was sentenced to a minimal of 17 years. A rediscovered rape equipment excluded him from being the perpetrator.

This proof found by officers led the Wayne County Prosecutor’s Workplace’s Conviction Integrity Unit to ask a choose Friday afternoon to dismiss the case and clear Calhoun of the convictions. However the request will now be delayed pending a evaluation of the supplies.

“It’s my perception that it’s my function and duty to make sure the court docket’s function is to make sure that justice is completed and the court docket can also be aware of the necessity to guarantee finality in its orders,” Ramsey mentioned through the listening to. “Given the circumstances earlier than this court docket, there must be a possibility, due diligence that exceeds no matter occurred this morning to at any time when Mr. Kane hopefully went to the prosecutor’s workplace.”

Ramsey mentioned Kane met her in her courtroom Friday morning and he offered her with a binder and mentioned: “Decide, you have to have a look at this earlier than you dismiss this case, it’s a must to have a look at this proof right here.” Ramsey mentioned she referred him to the Wayne County Prosecutor’s Workplace and didn’t evaluation any of the paperwork he dropped at her. 

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“I simply wish to acknowledge how arduous this has been, Mr. Calhoun, and I definitely don’t wish to proceed this, however that is the choice of this court docket at this time,” Ramsey mentioned. “I do not know what Robert Kane has to share, however I definitely assume that it is value commenting that an officer got here right here this morning and needed to point out me one thing. I do not know the solidity of that data. However what I do assume is that whether or not or not this data that the officer might or might not have can’t be disregarded to make sure that we arrive at an correct conclusion.”

Each the prosecutor’s workplace, represented by Valerie Newman, director of the Conviction Integrity Unit, and Calhoun’s lawyer Michael Mittlestat, assistant defender with the State Appellate Defender Workplace, expressed their disbelief towards the scenario. Newman mentioned the transfer was extremely inappropriate for the Detroit Police Division to go behind the prosecutor’s again and straight to the choose.

“I simply wish to apologize to Mr. Calhoun and his household who traveled in from out of state to be right here at this time to help him and to all of the protection attorneys as a result of it simply occurred this morning,” Newman mentioned. “I had been diligently attempting to take care of this by contacting the Detroit Police Division chief himself as a result of that is so extremely inappropriate. It has by no means occurred earlier than. And to me, I simply should say it’s completely outrageous conduct on behalf of this police officer.”

In 2007, Calhoun was sentenced to first-degree legal sexual conduct, kidnapping, felony firearms and tried kidnapping. He may very well be eligible to $50,000 from the state for yearly spent in jail based mostly on a wrongful conviction.

Mittlestat mentioned Calhoun’s household was completely devastated and a few traveled in from Tenessee to see him stroll free out of the Woodland Correctional Facility. The protection and county prosecutor maintain to the truth that the conviction needs to be vacated, he mentioned.

“The underside line is is now we have a DNA exoneration right here,” Mittlestat mentioned, including that he believes the binder from Kane won’t current any new data on the case. 

The listening to ended with Ramsey apologizing to Calhoun and suggesting Wednesday at 1 p.m. as the following date for one more listening to. 

Contact Miriam Marini: mmarini@freepress.com.