Michigan Criminal Lawyers Blog

MEMO to the the Meridian Township Police Officer who was allegedly assaulted by former Judge Beverly Nettles-Nickerson during a not-so-routine traffic stop: When Judges FLIP OUT you'd better WATCH OUT! Because - as demonstrated by Miami Judge Marilyn Milian in the video (above) - whether it be with a Judge's Gavel, an armed courtroom bailiff or a clenched fist - an angry Judge can pack a powerful wallop in more ways than one!

If the arresting Officer in the Lansing area fracas is to be believed, Nettles-Nickerson's weapon of choice in this case was bare knuckles - which led to a charge of Resisting and Obstructing a Police Officer, a felony.

Every felony defendant is entitled to an initial hearing called a Preliminary Examination. That is an adversary, evidentiary proceeding where the Prosecutor must produce evidence in support of each of the necessary elements of the charge. Where every element is supported by evidence, the Presiding Judge must transfer the case to the Circuit Court for trial. Where even one element lacks an evidentiary basis, however, the entire charge must be dismissed.

In this case, a visiting Judge from Jackson, Michigan conducted the hearing. The examining judge found sufficient evidence to support the charges and passed the case on to the Lansing trial court.

The elements of this particular crime are (1) Knowingly and willfully; (2) Obstructing; (3) Any authorized officer; (4) In the performance of his duty.

Under the circumstances, potential affirmative defenses to this charge include the following: (1) The Defendant's action was a mere reflex; (2) Due to a psychotic loss of contact with reality, the Defendant did not comprehend that the victim was a Police Officer (i.e., legal insanity), and possibly; (3) Self defense.

Formerly, a citizen could use reasonable force to resist an illegal arrest, but the Legislature in Lansing abrogated that defense in 2002.

As we know from prior RLG blogs on the topic of legal insanity - society at large views that defense with cynicism. Often the only way for a Criminal Defense Lawyer to overcome that attitude is to present the Jury with a provable history of bizarre or psychotic behavior.

In this case, the Defendant's lawyers may be able to mine that critical evidence out of the ex-Judge's mountain of previous legal troubles. Though that strategy may not be the ex-Judge's preferred way out of her newest legal mess, the defense of legal insanity may be her only realistic hope of avoiding a felony conviction.

Former Ingham County Judge Nettles-Nickerson To Stand Trial, Lansing State Journal, April 17, 2010

Few crimes are more heinous than first degree murder. One that is definitely in the running for that gold medal, however, is torture. And while we've all seen TV news reports of family members forgiving their loved one's killer at his final sentencing, Team RLG cannot recall ever having witnessed any family granting forgiveness for the crime of torture.

Perhaps that is because we reflexively assume that it takes a unique breed of human to commit that act. A person who is in every meaningful way - outside of the pale of the human family. A monster.

Those are some of the societal perceptions that make it so difficult for a criminal defense lawyer to represent a defendant facing those charges. Nonetheless, the lawyer for 24 year old Peter Dabish, the so-called millionaire son of Powerhouse Gym co-founder Norman Dabish, must now climb that very mountain.

Peter Dabish was taken into custody just days ago, for the brutal murder and torture of Dabish's long time friend - 23 year old Diana Demayo of Novi, Michigan. Dabish now sits in a Detroit Jail, awaiting his April 20th Preliminary Examination.

TV news reports suggest to Team RLG, however, that the case is far from air-tight. One past victim of Dabish's rage told a Channel 2 Fox news reporter that blood vessels in Dabish's forehead and neck were bulging to the bursting point while Dabish unleashed a tirade of threats against that prior victim for merely establishing a potentially competing gym in the City of Hamtramck. Fortuitously, that very news interview could contain the seeds of multiple legal defenses.

Two that come to mind are "roid rage" (a fit of uncontrollable rage induced by ingestion of anabolic steroids) and legal insanity.

For reasons of pubic policy, the defense of voluntary intoxication was abrogated in 2002 by an Act of the Michigan Legislature in Lansing. Nonetheless, vestiges of the former defense remain.

Every criminal charge is comprised of multiple components, known as 'necessary elements'. One such element common to both first degree murder and the crime of torture is specific intent. Voluntary intoxication (by voluntary consumption of a legally obtained substance) may, in fact, negate the element of specific intent - thereby resulting in a verdict of not guilty or, in a case where the Jury has been instructed to consider lesser included offenses, mitigating the charges to a lower level.

The defense strategy would play out like this: At trial, the Prosecutor must prove each element beyond a reasonable doubt. Hence, where there is a reasonable doubt of any size - big or small - with respect to any one of the necessary elements of the charge, the Jury must return a verdict of not guilty.

If the remaining elements spell out another (typically lesser) crime - the Jury may find the Defendant guilty of that other offense, instead. As we shall see - the benefits may be huge.

A defense based upon involuntary intoxication, on the other hand, would come within the ambit of the Defense of Legal Insanity. In a nutshell, the elements of that defense are mental illness causing inability to conform behavior to the requirements of the law or inability to appreciate the wrongfulness of the conduct in question.

Mental illness is defined as 'a substantial disorder of thought or mood which significantly impairs judgment, behavior, perception of reality or basic life skills'. Psychiatrists interpret that statutory language to mean psychosis. Thus, evidence of uncontrollable rage, loss of contact with reality or delusions and / or hallucinations generated by mental illness - could lead to a verdict of not guilty by reason of insanity. Team RLG has learned over the years that, in a close call, a prior history of similar bizarre behavior will often tip the scales in favor of a finding of legal insanity. In this case, all of the pieces of the puzzle seem to be in place.

Reportedly, the victim was killed by 8 blows to the head - administered by 'another person' (Coroner-speak for murder). The Defendant called the Police to report that Ms. Demayo had died of an overdose. The responding officers found, instead, the gory crime scene, with the victim covered in blood and blood spatter on the Defendant's clothing.

There is nothing in the available reports to indicate that the Defendant confessed or even made any admissions. And all that adds up to an outcome that has the Defendant avoiding a conviction for first degree murder.

Judge Denies Bond For Son Of Powerhouse Gym's Founder Accused Of Murder, The Detroit News, April 8, 2010