Patrick Roy Wandahsega of Wilson, MI will spend next 24 years in federal prison for molesting a six-year-old child – has filed notice to appeal sentence to federal appeals court

Updated- 2-27-18 9:30 p.m. ET:
Patrick Roy Wandahsega files notice to appeal his sentence to the Sixth Circuit U.S. Court of Appeals:
Also here is the official sentencing documents judge released – download or read – we paid for them:

Patrick Roy Wandahsega official sentencing document

Patrick Roy Wandahsega files notice to appeal

Indictment Patrick Roy Wandahsega sex crimes against a child

Hannahville man who molested a six-year-old child gets hammered by a federal judge

U.P. Breaking News has been covering this dirtbag since his indictment – and while he could have received life in prison – he will be at least 64 years old before he is released from prison – as there is no federal parole.

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – A disgraced member of the Hannahville Indian Community will be at least 64 years old before he is released from federal prison for molesting a child.

40-year-old Patrick Roy Wandahsega of Wilson, MI was sentenced to 24 years (288 months) in prison by U.S. District Judge Paul L. Maloney.

Wandahsega molested a six-year-old child at his Wilson home.

The tiny child reported the abuse to relatives, who contacted tribal police and a doctor.

Wandahsega was indicted by a federal grand jury on two counts of aggravated sexual abuse of a child, and abusive sexual conduct involving young children – and was convicted of the second felony by a jury in Marquette on October 27, 2017 after a four day jury trial.

 

Patrick Roy Wandahsega

U.S. Attorney Andrew Byerly Birge said the case is part of Project Safe Childhood, a nationwide initiative designed to protect children from sexual exploitation and abuse.

Federal prosecutors worked with county and tribal prosecutors and the Internet Crimes Against Children task force (ICAC) to arrest those who abuse and exploit children.

Project Safe Childhood

www.projectsafechildhood.gov

Unjust enrichment, exploitation, retaliation, unpaid wages: Employees sue company that handled biggest Upper Peninsula Projects – accusations include not paying overtime, altering times sheets and making lots of unjust money of the backs of it workers

U.P. Breaking News Bulletin – 2-13-18 – 5:25 a.m. ET

Class Action Lawsuit: National Coatings, Inc. sued over alleged overtime and wage abuse – company has worked on the biggest projects in the Upper Peninsula

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Traverse City, MI) – A company that has handled painting, roofing and renovating for the absolute biggest projects in the Upper Peninsula is being sued for allegedly failing to pay overtime, time card shenanigans, retaliation and unjust enrichment on the backs of workers.

The 21-page Class Action federal civil suit was filed on Monday by five former employees on behalf or current and former employed by National Coatings, Inc.

This includes their numerous major Upper Peninsula projects (see list below) – including U.P. casinos, theaters, universities, and mines.

“National Coatings, Inc. required employees, to not record all their hours worked within the continuous workday, altered time records without employee permission to avoid paying regular compensation and overtime, and intentionally failed to maintain adequate and accurate records for the hours worked by plaintiffs” to “facilitate the exploitation” of labor, the lawsuit charges.

Class Action lawsuit has been filed by five ex-employees – Casey Weathers, Daran Penney, Jacob Vonbuskirk, Jeff Kopulos, and Robert A. Young “on behalf of themselves and others similarly situated.”

(Scroll down to read or download your own free copy of the lawsuit and its exhibits – we paid for it)

——-

Collective and class action complaint for damages and demand for jury trial.
Fair Labor Standards Act (FLSA) collective action and class action and demand for jury trial

2018 National Coatings Inc. lawsuit (Main)

Exhibit A – Bruce McCauley 2018 National Coatings Inc. lawsuit

Exhibit B – Timesheets 2018 National Coatings Inc. lawsuit

Exhibit C – Company CEO admits time card issues 2018 National Coatings Inc.

Exhibit D – National Coatings Recording Work Hours info

Exhibit E – National Coatings Per Diem info

Summary of claims – Plaintiffs bring this action against Defendants for:

a. Unpaid overtime pursuant to the Fair Labor Standards Act
b. Unlawful retaliation under the FLSA
c. Conversion under MCL 600.2919a
d. Breach of contract under Michigan common law;
e. Breach of implied contract under Michigan common law
f. Unjust enrichment under Michigan common law for unpaid wages

“National Coatings, Inc. required employees, to not record all their hours worked within the continuous workday, altered time records without employee permission to avoid paying regular compensation and overtime, and intentionally failed to maintain adequate and accurate records for the hours worked by Plaintiffs in order to facilitate the exploitation of the Plaintiffs’ labor ,” the 21-page federal lawsuit alleges.

Upper Peninsula Projects:

Sandblasting and special coating applications to a multitude of rural water and waste water treatment facilities such as Hannahville, Arcadis, Marquette Lift Station, Marquette Board of Light and Power

Country Inn and Suites in Marquette, Houghton, Iron Mountain, and Marinette, WI

The Days Inn of Iron Mountain

Americinn in Munising

The Kewadin Casinos in St. Ignace and Sault Ste. Marie

Island Resort and Casino in Escanaba

Michigan Tech in Houghton (Library, EPPCO Bldg., Wadsworth, the Ice Arena, MTU Ballroom, Rosza Center)

Northern Michigan University in Marquette (PEIF, Magers, Meyland, Van Antwerp, and Hunt Halls, Thomas Fine Arts, Berry Events Center, student apartments

Federal lawsuit filed on Monday, Feb. 12, 2018

Class Action Lawsuit on behalf of all other employees who have worked for the company – “on behalf of themselves and others similarly situated”

Casey Weathers, Daran Penney, Jacob Vonbuskirk, Jeff Kopulos, and Robert A. Young

Versus

National Coatings II, Inc.
d/b/a National Coatings, Inc.
Robert Forsman
Zebulon Hadley

——-

Anders J. Gillis (P77818)
Parker Harvey, PLC
Attorneys for Plaintiffs
901 S. Garfield Avenue
Suite 200
Traverse City, MI
49686

231-929-4878
agillis at parkerharvey.com
https://www.parkerharvey.com
https://www.facebook.com/northernmichiganlaw

——-

National Coatings, Inc. – Marquette office
1922 Enterprise
Marquette, MI
49855

Bob Danner, Marquette Project Manager

906-228-6873 phone
906-228-4911 fax
888-947-2558 toll free
http://www.nationalcoatings.biz
http://www.nationalcoatings.biz/portfolio_category/marquette-projects
http://www.nationalcoatings.biz/marquette-michigan
http://www.nationalcoatings.biz/category/projects/by-region/marquette-projects

The first “civil action” these dogs likely have ever felt – Federal prosecutors file action against 4 Pit Bull dogs – but it is fighting for the dogs’ future

URGENT URGENT – U.P. Breaking News Bulletin – 2-11-18 – 12:20 a.m. ET

Fighting for Pit Bulls Dogs Abused in Cruel Michigan Dog Fighting and Sports Bookmaking Operation

Federal prosecutors file civil complaint to get ownership of four pit bull dogs seized last year in a probe into Michigan dog fighting and gambling ring

Filed late last week, the rare legal action will help guarantee the suspects pay for the dog’s medical bills, room, board and other daily expenses

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Grand Rapids, MI) – Federal prosecutors want to take ownership of four pit bull terriers that were viciously brutalize as part of a Michigan dog fighting ring.

The forfeiture action is named a “verified Complaint For Forfeiture In Rem.” The action describes the vile videos found on phones belonging to four people arrested for running a professional gambling and dog fighting business in western Michigan.

The brutal Michigan dog fighting ring was linked to other pit bull fighting businesses including in Ecuador at “G & G Kennels.”

The groups interbred dogs with names like the “Demolisher” and “Demonvil.” One arm of the fighting ring is named “Fatal Menace Kennels.”

Countless videos/photos were seized federal agents including a fighting dog owned by Miller and Davis.
The dog in the video named “Barracuda” is a “finisher (that goes for the) throat and kidneys!!!”

Federal Court in the Western District of Michigan:

On December 7, 2017, agents with the United States Department of Agriculture Office of Inspector General and Federal Bureau of Investigation seized the Defendant Dogs from 1941 Osmer Ave., SW. in Wyoming, Michigan

“The Defendants” are currently in the custody of the United States Marshals Service and are being cared for by the American Society for the Prevention of Cruelty to Animals (ASPCA) in Columbus, Ohio.

The 12-page federal civil forfeiture complaint was filed by U.S. Attorney for the Western District of Michigan Andrew Byerly Birge and Assistant U.S. Attorney Joel S. Fauson on Thursday, February 8, 2018.

——-
The Defendant Dogs are generally described as:

a. One black female adult pit bull dog (1746-1-1)
b. One tan female adult pit bull dog (1746-1-2)
c. One brindle female adult pit bull dog (1746-1-3)
d. One black female adult pit bull dog (1746-1-4)
——-

In addition to seizing the animals and any pups, prosecutors are seeking a civil forfeiture judgment against their owners for the cost of healthcare and daily expenses such as room/board – totaled since they were seized.

Federal prosecutors in Michigan are suing to get “the defendant dogs and any offspring they may have before a final judgment is entered in this case,” the civil forfeiture complaint states.

The law “provides for the forfeiture of any animal involved” as it is illegal “to knowingly sell, buy, possess, train, transport, deliver, or receive any animal for purposes of having the animal participate in an animal fighting venture,” the forfeiture complaint states.
——-

Suspects:

Charles Miller of Lansing, MI

Charles Davis, Jr. of Wyoming, MI and is also known as Charleston Davis alias Brad Jordan

Miya Reeves

Katasha Davis

Damiane Buehrer aka ‘Fatal’ runs dog fighting facility named “Fatal Menace Kennels”

Galo Grijalva of Equador studded his dog “Demonvil” with a female at Stick Wit Me Kennels to sire future Michigan fighting dogs – and runs the fighting/stud enterprise “G & G Kennels”

Damiane Buehrer aka ‘Fatal’ runs “dog fighting operation” named “Fatal Menace Kennels.”
——-
The Michigan suspects “work together to train fighting dogs, maintain and care for fighting dogs, purchase and breed fighting dogs, and attend and gamble on animal fighting ventures involving their dogs,”the complaint states. To hide betting operation and dog fights the suspects operate under the guise” of “Stick Wit Me Kennels.”

Illegal “kennel” business:

STICK WIT ME KNLS
SWM KNLS
Stick Wit Me Kennels
G & G Kennels

Dogs:

Cardiac Kid 2.0 aka Cardiackid Miller
Mr. Vili, advertised by suspect, seized by federal agents on July 27, 2017

——-

On November 22, 2016, Davis’s “Stick Wit Me-Knls” Facebook account posted a photo of the Pit Bull dog “Mr. Vili.”
“Mr. Vili” was seized from Miller’s residence on July 27, 2017.

A forensic veterinarian examined “Mr. Vili” and found scars on (his) head, neck, and legs” all “consistent with healed dog-bite wounds from organized dog fighting,”the complaint states.

Facebook users who knew the dog-fighting jargon and code – responded to the photo.
Most “notably,” Galo Grijalva who had studded his Pit Bull dog Demonvil with Mr. Vili’s mom Pantera.

“Another great animal in USA” sired by “my stud Demonvil,” Grijalva wrote on Facebook.

Grijalva operates the dog fighting enterprise “G & G Kennels,” out of Ecuador.

Starting about eight weeks prior to a fight, the dogs are put on training regimen of food, exercise, and supplements

The dog abusers also had did business with another illegal dog fighting ring – operated by Damiane Buehrer aka ‘Fatal’, who runs “the dog fighting operation” named “Fatal Menace Kennels.”

In addition to badly hurt dogs, agents found a plethora of evidence including records.
Agents seized “Sporting Dog” Journals – the “underground paper magazines that promote dog fighting” that are saved in a digital format instead of paper like the old days.

The e-journals “recount match wins, advertise stud fighting dogs for breeding, list titles awarded to fighting dogs, and include articles and advertisements about training and providing medical care for fighting dogs.,” the complaint states. “Historically, dog fighters would keep paper copies of such journals as mementos. Now the trend is for these underground dog fighting journals to exist in electronic format and they are shared over the Internet.”

On Dec. 27, 2017, a search of “Davis’s residence, yard, and garage” federal agents recovered “a first aid kit, lubricating jelly, syringes, and medications commonly used to treat dogs involved in dog fighting matches. “
Agents “found a photograph of a brown female pit bull” and the photo’s caption said ‘Pride and Joy’ in “Aug. 2003 at 13 months old.”
Agents seized numerous dog collars, rope leashes, dog crates, and two springs capable for use as spring poles.

“A spring pole consists of a heavy duty spring that is tethered to an immovable object, typically a tree branch, with a biting rope dangling from the end,” the federal forfeiture complaint states. “It serves as an apparatus to exercise a dog’s jaws and condition dogs to clamp on to what they are biting.”

“The ASPCA evaluated the Defendant Dogs and identified scars on each of the Defendant Dogs that indicate involvement in dog fighting,” the complaint states.

Prosecutors even provided proof their forfeiture complaint was valid because it included a “verified complaint” that was sworn to by Deputy U.S. Marshal Jesse Lake.

“I declare under penalty of perjury that the foregoing is true and correct,” said Lake, one of the officers investigating the case.

The case is assigned to U.S. District Court Judge Paul L. Maloney.

Here is excerpt from the forfeiture complaint about the horrors of dog fighting:

Dog fighting is a violent contest in which two dogs that are bred and conditioned for fighting are released by their owners or handlers in a controlled environment to attack each other and fight for purposes of entertainment or gambling. Fights usually end when one dog withdraws, when a handler “picks up” his dog and forfeits the match, or when one or both dogs die.

Dog fighters fight dogs with a goal of obtaining “Champion” or “Grand Champion” status for their dogs, which is achieved by winning three or five fights, respectively. They maintain contact with other dog fighters around the country, and can generate substantial income from gambling on dog fights and from the sale and breeding of fighting animals.

It is a common practice for those involved in training and exhibiting fighting dogs to possess several dogs at one time. This practice is followed for several reasons. Dog fighters maintain a stock of dogs at different weights and both sexes because in dog fights, dogs are matched against other dogs to within a pound of the same weight against dogs of the same sex. Maintaining a stock of several dogs thus increases the odds of owning a dog whose weight meets the requirements for a match being solicited by an opponent.

Further, dog fighters must possess an inventory of dogs because dogs often die or are badly injured during fights. Dogs that lose fights or fail to show “gameness” are often killed. It is not uncommon for dogs that lose matches to be killed in cruel, torturous, and inhumane ways as punishment.
Dog fighters also maintain multiple dogs in order to selectively breed, sell, and fight dogs displaying certain traits or to otherwise advance a particular dog fighting bloodline.

Possessing multiple dogs increases the prospects of owning a dog who will become a champion or Grand Champion. Dog fighters also routinely test and evaluate their dogs to determine those that exhibit aggressive behavior, including against their own dogs.

Persons engaged in dog fighting typically use “pit bull”-type dogs, which dog fighters prefer for their compact muscular build, short coat, and the aggression that some display toward other dog.

One sign of dog fighting is the presence of pit bull-type dogs on heavy or excessive chains, or housed individually in pens or crates. Persons engaged in dog fighting take steps to restrain or isolate dogs used for fighting from one another to prevent them from fighting at unintended times. They may also keep younger dogs they intend to use for fighting out of reach of other dogs to discourage normal socialization. Heavy chains are used to develop neck strength in dogs used for fighting.

Dog fighters typically do not start setting up matches for a dog until the dog reaches at least eighteen months to two years of age. Until then, dog fighters may test the dog out by “rolling” it or having the dog participate in short fights to assess the dog’s demeanor: Thus, it is common for dog fighters to possess multiple young pit bull-type dogs who are in the process of being trained to fight.

Dogs who have been involved in organized fights may have scars, puncture wounds, swollen faces, or mangled ears. Scars from organized dog fights are commonly found on the face and front legs, as well as on hind ends and thighs

The American Dog Breeder’s Association, Inc. (ADBA) in Salt Lake City, Utah
Maintains a registry of American Pit Bull Terriers and Pit Bull kennels.
Claims to be “the largest registration office of the American Pit Bull Terrier.”

The ADBA “does not condone any illegal activity, but will never deny the history of our breed.”

ADBA issues registration certificates for Pit Bull owners who provide proof of a dog’s pedigree, bloodline. Registration certificates for Pit Bull kennels.
https://adbados.com
https://adbados.com/abous-us

——-

Expelled NMU student files federal civil rights suit saying any decision on his future at NMU should have waited until the end of a felony pot case – a case he was cleared of all criminal charges after being kicked out – and charges that Kyle Nelson always said were bogus and started with an “anonymous” tip

URGENT – U.P. Breaking News Bulletin – 2-8-18 – 10:50 a.m. ET

Expelled then cleared: NMU student Kyle Nelson files 17-page, two-count federal civil rights suit against NMU officials and students involved in government

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – A federal judge in Marquette, MI today set a February 20, 2018 status conference in a civil rights suit recently filed against NMU officials by an expelled student who was cleared of all criminal pot charges.

The 17-page, two-count civil rights suit was filed on Feb.2, 2018 under the pseudonym John Doe.

However, federal court records state the plaintiff is Kyle Nelson.

Nelson has charged the defendants with two legal allegations – retaliation and violation of 14th Amendment due process.

Nelson was charged with delivery of marijuana (four-year felony) on Nov. 3, 2015 by the Marquette County Prosecutor’s Office – and was eventually bound over to circuit court, the suit states.

Nelson was cleared of all criminal charges after his expulsion, the suit states.

Nelson says the marijuana charges are false -and that NMU officials and students didn’t allow him due process. He requested many times that any decision on expulsion be decided after the criminal case was concluded.

Nelson alleges he was in essence targeted by an anonymous tip:
“On November 2, 2015, anonymous complain was made via email, to an NMU “tip line,” alleging that (Nelson) was involved in drug activity,” the suit states.

In the fall of 2014, Nelson, then 19, “majored in construction management, and before his suspension from the University that led to his eventual expulsion, was living on campus in Gant Residence Hall,” the federal civil rights suit states

Nelson is suing:

Northern Michigan University
Lina Blair, NMU Assistant Dean of Students
Christine Greer, NMU Assistant Vice President and Dean of Students
Guy LaPlante, Detective Lieutenant with the NMU Department of Public Safety and Police Service
John Frick, NMU Associate Director of Housing
Jim Gadzinski, Director NMU Career Services
Paul LaPlant, NMU student from Marinette, WI
Unknown Parties #1 and #2:
Three Anonymous Student Members of the NMU Student Conduct Board Hearing Committee
Unknown Members of the Student Conduct Appeals Committee

The presiding judge in the case is Chief U.S. District Court Judge Robert J. Jonker – and all conferences and hearings will be handled by U.S. Magistrate Judge Timothy P. Greeley.

“Plaintiff Kyle Nelson” paid a fee of $400 to file the case in federal court.
Nelson is represented by Ann Arbor attorney Nicholas Roumel, who has his own law firm.
The NMU defendants being sued are represented by Kalamazoo attorney Kurt P. McCamman of the law firm Miller, Canfield, Paddock and Stone, PLC in Detroit.

Here are some excerpts from the suit (remember ‘John’ Doe is Nelson):
Or you can read the original suit and the amended complaint

Original complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (1)

Original complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (2)

Amended complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (1)

Amended complaint – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials (2)

John Doe Motion – Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials

Hearing notice Expelled NMU student Kyle Nelson 17-page, two-count civil rights suit against NMU officials

——-

Criminal Allegations Are Made Against John.

On November 2, 2015, a complaint was made via email, to an NMU “tip line,” alleging that John was involved in drug activity. Defendant LaPlante interviewed a witness who made certain allegations against John.
Based on the witness’ allegations, LaPlante swore out an affidavit for search warrant against John.

The affidavit was based entirely on hearsay evidence.

The search warrant was granted and executed on November 2, 2015 by LaPlante, and returned an assortment of over the counter and prescription pills and a small amount (less than an ounce) of alleged marijuana and marijuana “wax.”

After the search was executed, LaPlante read John his “Miranda” rights, and John exercised those rights under the Fifth Amendment, and chose to not make any statements. John was charged by the Marquette County Prosecutor on November 3, 2015 with a single count of delivery of marijuana on 11/3/2015, a felony with a maximum sentence of 4 years imprisonment, fine of up to $20,000, and other possible penalties.

John was arraigned on November 4, 2015 was eventually bound over to Circuit Court on the charge.

Northern Michigan University in violation of his Federal Constitutional Rights under the Due Process Clause of the 14th Amendment to the Constitution, when he was denied the rights to delay Student Conduct Board proceedings until after resolution of his concurrent criminal case, denied the right to confront the witnesses against him, and repeatedly retaliated against for his invocation of constitutional rights.

After his expulsion, all criminal charges against him were dismissed.

“John Doe” (“Mr. Doe,” “John” aka Kyle Nelson) is a young man who began attending Northern Michigan University in fall, 2014. He majored in construction management, and before his suspension from the University that led to his eventual expulsion, was living on campus in Gant Residence Hall, carrying a grade point average of approximately 3.55.

He requests anonymity in this lawsuit due to the inflammatory nature of the allegations against him and the social stigma of being associated with such charges. He will file the appropriate motion for anonymity if necessary and requested by this court.

Defendants Rebuffed John’s Multiple Requests to Postpone the Conduct Board Hearing until the Criminal Case Was Concluded

NMU Initiates Conduct Board Proceedings 16. While the criminal charges were pending, NMU (via defendant Greer) sent John a letter dated November 3, 2015 suspending him from school “until all charges are adjudicated,” and that he was prohibited from “enter[ing] onto any part of the campus” campus under threat of arrest and filing of additional Student Code charges.

On December 18, 2015, NMU initiated eighteen charges against John alleging various violations of the NMU Student Code, for Drugs: Possession, Use or Sale (Code 2.3.12) and under the General Regulatory Statement (Student Code 2.3.15). 18.

According to the charging document, the charges were based on a “Description of Incident reported by” Defendant LaPlante, with “Charges Imposed by” Defendant Blair. A Conduct Board Hearing was held on April 15, 2016. Defendant Blair was the “non-voting chairperson” of that proceeding.

Other Board members included defendants John Frick, Jim Gadzinski, Paul LaPlant, and “Three Anonymous Student Members of The Student Conduct Board Hearing Committee” whose names are redacted from the hearing transcript. 20.

John was represented by Escanaba attorney Trent Stupak.

The case is named Nelson v. Northern Michigan University, et al..
Nelson v. Northern Michigan University

United States District Court Western District Of Michigan Northern Division notice of hearing – take notice that a hearing has been scheduled as set forth below:
Type of hearing(s): Status Conference Date/Time: February 20, 2018 at 10 a.m. U.S. Magistrate Judge: Timothy P. Greeley will hold the conference via by telephone Parties shall call the Court’s conference line. Dated: February 8, 2018

Scumbag Gwinn, MI heroin dealer Derrick Garrell Samuels convicted Friday: BAM GUILTY ON ALL CHARGES: PLUS URGENT URGENT URGENT – 30-year-old Jessica Lynn Tobias is NOT GUILTY !!!: 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI was cleared of being heroin dealer by a federal jury in Marquette, MI – Judge made it official on Wednesday – Free and clear of all charges – Jury hands huge loss to federal prosecutors who had guilty plea from a co-defendant – and video/audio tapes

URGENT URGENT URGENT – U.P. Breaking News Bulletin – 2-9-18 – 6:45 p.m. ET

GUILTY GUILTY – Dirt bag heroin dealer Derrick Garrell Samuels a/k/a “Bam”

Scumbag heroin Derrick Garrell Samuels

2-9-18 GUILTY Derrick Garrell Samuels aka Bam the Heroin Man

2-8-18 – 2 a.m. ET

Federal Jury returns not guilty verdict for Jessica Lynn Tobias of the Soo – Not guilty of being a heroin dealer

Accused heroin dealer acquitted by federal jury in Marquette, MI

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – In a stunning not guilty verdict, a federal jury in Marquette, Michigan has declared that 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI. was not a heroin dealer.

Chief United States District Judge Robert J. Jonker

The federal jury verdict means Tobias is free and clear. The jury told the judge they had reached a verdict about 5:20 p.m. on Tuesday night, Feb. 6, 2018.

On Wednesday, the judge formerly dropped the charges – however Tobias was immediately released after the verdict.

The indictment is dismissed due to the jury acquittal.

It is a huge defeat for federal prosecutors after spending untold thousands on the trial.

In their arsenal of evidence, federal prosecutors had audio and videotapes/ Plus they had a co-defendant that pleaded guilty and testified against Tobias.

Her co-defendant – 27-year-old Joseph Gideon Gravelle of Sault Ste. Marie, MI – has entered into a plea agreement with federal prosecutors and pleaded guilty to count one of the heroin conspiracy indictment. Gravelle will be sentenced on April 11, 2018 by Judge Jonker.

He pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin. He faces up to 20 years in a federal prison.

2-6-17 Judge rules on guilty plea 27-year-old Joseph Gideon Gravelle of Sault Ste. Marie, MI.

Tobias was found not guilty of the following indictment/charge:

Count 1 – Conspiracy to Distribute and Possess with Intent to Distribute Heroin
Maximum penalty: Not more than twenty years and/or $1,000,000 fine- Supervised Release: Not less than 3 years and up to life. Probation of not less than one nor more than five years. Submitted on June 20, 2017 by federal prosecutor Paul D. Lochner in Marquette.

Bam the alleged drug man – Derrick Garrell Samuels a/k/a “Bam”

Also in federal court in Marquette, Mi is the trial this week of accused heroin dealer 42-year-old Derrick “Bam” Samuels of Gwinn, MI. This includes a list of exhibits and uncontested facts between Samuels and federal prosecutors. Here are the latest filings in past two days:

2-7-18 Uncontested facts 42-year-old Derrick Garrel Samuels of Gwinn MI.

2-6-18 Govt. Exhibit list 42-year-old Derrick Garrel Samuels of Gwinn

2-5-18 compel witness testimony

Read the verdict:

Jessica Tobias Not Guilty (1)

Jessica Tobias Not Guilty (2)

For more background:

https://upperpeninsulabreakingnews.wordpress.com/2018/02/04/federal-judge-makes-rare-saturday-ruling-in-case-of-jessica-tobias-and-a-omnibus-hearing-is-set-for-monday-in-the-trial-of-a-gwinn-man-charged-with-heroin-sales-also-issues-over-immunity-for-prosec/

https://upperpeninsulabreakingnews.wordpress.com/2018/01/29/two-big-heroin-cases-set-to-be-tried-in-marquette-federal-court-with-jury-selection-next-week-you-wont-believe-the-tons-of-heroin-dealing-records-just-released-by-federal-prosecutors-as-they-prep/

Federal Judge makes rare Saturday ruling in case of Jessica Tobias, and a omnibus hearing is set for Monday in the trial of a Gwinn man charged with heroin sales – also issues over immunity for prosecution witnesses.

URGENT – U.P. Breaking News Bulletin – 2-4-18 – 4 p.m. ET – Update Federal Heroin Trial/Jury selection in Marquette, MI

Marquette federal heroin trials include many motions – and prompts Saturday ruling from a federal judge

Set to stand trial 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI

 

27-year-old Joseph Gideon Gravelle of Colorado Spring and Sault Ste. Marie, MI: Just pleaded guilty and will testify against Tobias

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433
(Marquette,MI) – In a rare Saturday ruling, a federal judge approved an admission of undisputed facts involving alleged heroin buys from a Soo woman who is on trial in Marquette Federal Court.

And sentencing set for co-defendant 27-year-old Joseph Gideon Gravelle of Sault Ste. Marie, MI. (scroll down a bit for those details), who will testify against accused heroin dealer 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI.

Jury selection started last week in Marquette, MI in two back to back federal heroin trials in unrelated cases from the Soo and Gwinn.

In an unrelated trial that is scheduled before Tobias’s trial – is the case of “Bam” the alleged heroin man:

And the jury selection and federal trial of another alleged heroin dealer from Gwinn now involves immunity for prosecution material witnesses – who may refuse to testify or give false testimony to the jury.

An omnibus hearing is set for 8 a.m. ET in federal court for this Monday, Feb. 5. 2018 in the trial of Alleged Gwinn, MI heroin dealer 42-year-old Derrick “Bam” Garrel Samuels of Gwinn, MI.
There is also concern over other witnesses and self-incrimination – they are heroin suspects Russel Leslie Gustafson, Julaine Nicole Mankowsi, Katie Marie Seymour, and Sara Ann Turner.

Katie Marie Seymour

Julaine Nicole Mankowsi

Russel Leslie Gustafson

Sara Ann Turner

“The government has reason to believe that one or more of these witnesses, upon being duly sworn, is likely to refuse to give or provide testimony on the basis of the privilege against self incrimination.,” a motion states.

Federal prosecutors have filed a motion asking the judge “to issue an order compelling the testimony of Julaine Nicole Mankowski, Katie Marie Seymour and Sara Ann Turner.”

On Friday, a judge ruled Mankowski and Gustafson can testify with immunity for this trial.
It is not clear if the judge has granted immunity for Turner and Seymore, but likely would.

Federal Public Defender Sharon A.Turek

In the second unrelated case, accused heroin dealer 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI is on trial for what could be a big part of her future life.
This after the judge denied a defense motion demanding to see the heroin allegedly sold by Tobias almost five years ago.

Chief United States District Judge Robert J. Jonker

The judge did not see the value of ordering prosecutors to produce the actual heroin packages that would have been shown to the Tobias jury.
The rulings were made by Chief United States District Judge Robert J. Jonker.

Tobias is represented by Assistant Federal Public Defender Elizabeth A. LaCosse (above right) and Federal Public Defender Sharon A. Turek (above left).
The judge late last week approved the proposed new defense questions for prospective jurors including have they ever heard the word “snitch.”

Another defense question was would you believe the testimony of a convicted drug dealer. One more defense question is would you believe testimony from Tobias even though she is charged in a “criminal conspiracy.”

(Scroll down to read all the recent federal documents or download for free, U.P. Breaking News paid for them)

In the wake of the rulings, the defense has agreed with the prosecution on certain facts. It’s not clear what the defense strategy will be – as now they concede Tobias was involved in the heroin sales to undercover SANE agents. Possibly that the heroin buys were a pressured set-up that she was forced into.

Those facts – really admissions – were approved Saturday by Judge Jonker in a “stipulation of uncontested facts.”

Her co-defendant – Gravelle – has entered into a plea agreement with federal prosecutors and pleaded guilty to count one of the heroin conspiracy indictment.

Gravelle will be sentenced on April 4, 2018 by Judge Jonker.

He pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin. He faces up to 20 years in a federal prison.

Gravelle was bound over on December 22, 2015 on state charges of manufacturing/delivery of a controlled substance and maintaining a drug house. Gravelle and was charged as an habitual offender.

Gravelle was one of 12 people busted on December 1 by the Tri-County Drug Enforcement TaskForce (TRIDENT). The state charges became federal charges, as often happens with U.P. drug probes.

Joseph Gideon Gravelle:
Count 1 – Conspiracy to Distribute and Possess with Intent to Distribute Heroin
Maximum penalty: Not more than twenty years and/or $1,000,000 fine Supervised Release: Not less than 3 years and up to life

Straits Area Narcotics Enforcement (SANE): SANE is a multijurisdictional drug task force team the investigates drug and criminal activity in Charlevoix, Cheboygan, Chippewa, Emmet, Luce, Mackinac, and Otsego Counties.

• April 13, 2012 controlled purchase involving Tobias. SANE officers seized four small aluminum foil folded heroin bindles
• May 24, 2012 controlled purchase from Tobias. SANE officers seized four small white paper folded heroin bindles
• May 24, 2012 second controlled purchase involving Tobias. SANE officers seized three small white paper folded heroin bindles
• June 26, 2012 controlled purchase involving co-defendant Joseph Gideon Gravelle. SANE officers seized a knotted plastic bag containing heroin – a light brown powder
• July 24, 2012, controlled purchase involving co-defendant Joseph Gideon Gravelle. SANE officers seized a small knotted plastic bag containing heroin as a light brown powder

The heroin was verified in a Michigan State Police )MSP) lab by forensic scientist Karen S. Brooks, with Forensic Science Division of the MSP Controlled Substances Unit.

United States Attorney Andrew Byerly Birge, Western District of Michigan

Federal Prosecutors in Marquette, MI: Asst. U.S. Attorney Hannah Bobee, left, and Asst. U.S. Attorney Paul Lochner, right.

The federal prosecutors in the case are Assistant United States Attorney Paul D. Lochner (above right) and United States Attorney Andrew Byerly Birge (above left), Western District of Michigan.

Background: with lots of exhibits

https://upperpeninsulabreakingnews.wordpress.com/2018/01/29/two-big-heroin-cases-set-to-be-tried-in-marquette-federal-court-with-jury-selection-next-week-you-wont-believe-the-tons-of-heroin-dealing-records-just-released-by-federal-prosecutors-as-they-prep/

Read the motions, we paid for them, download for free:

Tobias admits stipulated facts with Tobias admissions 2-3-18

Tobias proposed supplemental voir dire 2-2-18

Tobias business records motion 1-24-17

Julaine Nicole Mankowsi immunity motion, ruling (1)

Julaine Nicole Mankowsi immunity motion, ruling (2)

Julaine Nicole Mankowsi immunity motion, ruling (3)

Omnibus Hrg 1-5-18 for Derrick Garrel Samuels of Gwinn, MI.

Derrick Garrel Samuels Change of plea hearing 1-22-18

Gravelle Sentenciing date set 1-18-17 for April 11, 2018

Plea Agreement report and recommendation Magistrate Judge Greeley to Judge Maloney 1-22-18

Plea agreement for 42-year-old Derrick Garrel Samuels of Gwinn, MI 1-4-18

 

 

Two big heroin cases set to be tried in Marquette federal court with jury selection next week – You won’t believe the tons of heroin dealing records just released by federal prosecutors as they prepare for trial next week in Marquette for two separate heroin distribution cases in Chippewa and Marquette counties – More arrests expected in the case of “Bam” the alleged drug man

URGENT – U.P. Breaking News Bulletin – 1-29-18 – 2:22 p.m. ET

Separate federal heroin distribution cases set for jury selection next week in Marquette followed by separate trials – cases involve selling lots of heroin in Marquette and Chippewa counties

Read the actual in-depth heroin sales/distribution records, and audio/video tapes just released by federal prosecutors – a five hour read at least

27-year-old Joseph Gideon Gravelle of Colorado Springs, Colorado  and Sault Ste. Marie, MI: Just pleaded guilty and will testify against Tobias next week

Set to stand trial 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Marquette, MI) – Its the federal court version of who will blink.

In Marquette federal court, prosecutors have just filed a gigantic amount of information about two unrelated heroin distribution cases – one suspect in Marquette County and the other from Chippewa County.

Its either on the brink of blink – or both go to trial.

Those set federal court trial beginning next week are 42-year-old Derrick “Bam” Garrel Samuels of Gwinn, MI and followed by the trial of 30-year-old Jessica Tobias of Sault Ste. Marie, MI.

In the past week, federal prosecutors flexed their muscles by filing hundreds of pages of information including cell phone records, wire recordings and much more in the cases.

In the Tobias case, the prosecutors have released a “voluminous” amount of information including heroin drug deal telephone records. The various motions against Samuels and Tobias to show they are serious – and ready to go to trial.

Both cases are slated for jury selection next week – followed by separate trials in Marquette, MI during the first week or two of February 2018.

In fact, a co-defendant in the Tobias case just pleaded guilty – and that ups the prosecution hand. Just last week guilty plea from 27-year-old Joseph Gideon Gravelle of Colorado Springs, Colorado – and Sault Ste. Marie, MI. Gravelle will testify against Tobias.

One reason its a who will “blink” first situation is both suspects face likely harsh sentences if convicted – and federal time is hard time – no early parole. Prosecutors are likely open to plea deals – but will go to trial if required.

Prosecutor prefer plea deals for many reasons including the huge costs of a trial. Trials are very expensive and involve many witnesses and lawyers on both sides – so that’s why so many plea bargains are reached with prosecutors.

Time is running out for an early resolution – because the selection two juries in the separate trials are set to start on (a week from today) Mon., Feb. 5, 2018 at U.S. District Court in Marquette, MI.

The potential jury pool for both trials have been told to show up at 9 a.m. on Mon., Feb. 5, 2018.

Tobias is accused of one count of dealing heroin in Chippewa County from October 2011 to November 2012.

Samuels is charged with five heroin distribution related-charges in Marquette County.

In fact, the only record we are not releasing includes lot of secret undercover information (do not want to put cops lives in jeopardy. That record names all the people who helped him deal heroin in Marquette County. Additional federal indictments are expect against those named and soon more arrests.

The Gravelle/Tobias indictment accuses the pair of “knowingly and intentionally combined, conspired, confederated, and agreed with each other, and others, known and unknown to the Grand Jury, to distribute and possess with intent to distribute heroin.”

The pair were indicted by a federal grand jury on June 2017 on one count of conspiracy to distribute heroin in Chippewa County. Gravelle pleaded guilty last week and is set to be sentenced in April – and faces up to 30 years in prison and a one million dollar ($1,000,000) fine.

Of the gigantic amount of information released prosecutors said:

“In this case, law enforcement officers obtained telephone records as part of their investigation. These telephone records are voluminous, consisting of hundreds of pages. Government agents have reviewed these records and produced summaries based on these records.”
Both Tobias and Samuels cases have numerous federal witnesses testifying for the government.

On January 18, 2018, the government filed a notice of intent to call an opinion (expert) witness against Tobias on drug distribution methods and organizations, to help explain the records. The defense objected, but the judge ruled for the prosecution.

Bam the alleged drug man – Derrick Garrell Samuels a/k/a “Bam”

Derrick Garrell Samuels is represented by Marquette defense attorney Karl Numinen.

The federal prosecutors in the cases are Assistant U.S. Attorney Maarten Vermaat and U.S. Attorney for Western District of Michigan Andrew Byerly Birge

 Instead of making this story longer – here are a couple dozen links labeled on each case and the records are available for you to read or download:

——-

United States District Court Western District of Michigan Northern Division

——-

27-year-old Joseph Gideon Gravelle of Colorado Springs, Colorado – and Sault Ste. Marie, MI

27-year-old Joseph Gideon Gravelle of Colorado Spring and Sault Ste. Marie, MI: Just pleaded guilty and will testify against Tobias

Joseph Gravelle

27-year-old Joseph Gideon Gravelle of Colorado Spring and Sault Ste. Marie, MI: Just pleaded guilty and will testify against Tobias

Federal witness and confessed heroin dealer

27-year-old Joseph Gideon Gravelle of Colorado Springs, Colorado – and Sault Ste. Marie, MI

Confessed heroin dealer working with prosecutors testify and help convict Tobias:

Gravelle is scheduled to be sentenced at 4 p.m. ET on April 11, 2018 in Marquette, MI before U.S. District Court Judge Paul L. Maloney. Faces up to 30 years in prison and a one million dollar ($1,000,000) fine.

Gravelle was convicted on state felony charges in Kent County, MI on May 20, 2015 and sentenced on Sept. 5, 2015  to one to six years in prison.

Gravelle pleaded guilty to operating a motor vehicle with presence of a controlled substance and Possession of a narcotic – Cocaine < 25 Grams 

Count 1: Conspiracy to Distribute and Possess with Intent to Distribute Heroin
Maximum penalty: Not more than twenty years and/or $1,000,000 fine Supervised Release: Not less than 3 years and up to life

Count two: Distribution of Heroin
Maximum penalty: Not more than twenty years and/or $1,000,000 fine
Supervised Release: Not less than 3 years and up to life

Count three: Distribution of Heroin
Maximum penalty: Not more than twenty years and/or $1,000,000 fine
Supervised Release: Not less than 3 years and up to life [18 U.S.C. ‘ 3583] (Class C Felony, 18 U.S.C. ‘ 3559)
Probation of not less than one nor more than five years

Timeline:

Conspiracy to distribute heroin indictment returned against both on June 20, 2017 by a federal grand jury sitting in Marquette, MI

Charge: Conspiracy to Distribute and Possess with Intent to Distribute Heroin

Gravelle signed a plea agreement with federal prosecutors on December 21, 2017. Agrees to testify against Tobias.

Gravelle pleaded guilty on January 22, 2018

Jury trial for Tobias jury selection set to begin on February 5, 2018 in Marquette, MI on the one-count indictment

Jury trial for Samuels begins with jury selection on Monday, February 5, 2018 in Marquette, MI on the five-count indictment

---

 

——-

30-year-old Jessica Tobias of Sault Ste. Marie, MI

Set to stand trial 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI

Set to stand trial 30-year-old Jessica Lynn Tobias of Sault Ste. Marie, MI

Count 1 – Conspiracy to Distribute and Possess with Intent to Distribute Heroin
Maximum penalty: Not more than twenty years and/or $1,000,000 fine
Supervised Release: Not less than 3 years and up to life. Probation of not less than one nor more than five years – Submitted on June 20, 2017 by federal prosecutor Paul D. Lochner in Marquette

June 20, 2017 Indictment Penalty Sheet Joseph Gideon Gravelle and Jessica Lynn Tobias

June 20, 2017 Indictment of Joseph Gideon Gravelle and Jessica Lynn Tobias

Jan. 4, 2018 Gravelle plea agreement

Jan. 4, 2018 Gravelle plea agreement

Jan. 11, 2018 Judge sets Samuels, Tobias jury selections, trial dates

Jan. 11, 2018 Judge sets Samuels, Tobias jury selections, trial dates

Jan. 19, 2018 – Judge order on Tobias, jury selection Feb. 5, 2018

Jan. 19, 2018 – Judge order on Tobias, jury selection Feb. 5, 2018

Jan. 24, 2018 Proposed Verizon Business Records Certification

Jan. 24, 2018 Heroin phone records, summaries of voluminous writing

Jan. 24, 2018 Heroin phone records, summaries of voluminous writing (1)

Jan. 24, 2018 Heroin phone records, summaries of voluminous writing (2)

Jan. 24, 2018 Proposed Verizon Business Records Certification

June 20, 2017 Indictment of Joseph Gideon Gravelle and Jessica Lynn Tobias

June 20, 2017 – Indictment Penalty Sheet Joseph Gideon Gravelle and Jessica Lynn Tobias

June 20, 2017 Indictment of Joseph Gideon Gravelle and Jessica Lynn Tobias

June 20, 2017 – Indictment Penalty Sheet Joseph Gideon Gravelle And Jessica Lynn Tobias

——-

42-year-old Derrick Garrel Samuels of Gwinn, MI

Photo not available – please send us photo

Derrick Garrell Samuels a/k/a “Bam” Indictment:

Maximum penalty for each count if convicted is not more than 20 years in prison on each count and a $1,000,000 fine. Supervised Release: At least three years and not more than life.

Four federal felony counts of delivery of heroin and one count of attempted delivery of heroin

Samuels is accused of distributing heroin from 2012 to  June 29, 2017.

June 12, 2017 Samuels penalty sheet

June 12, 2017 Samuels penalty sheet

July 18, 2017 Three-count heroin indictment filed against Samuels

July 18, 2017 Penalty sheet for three-count heroin indictment

July 18, 2017 Three-count heroin indictment filed against Samuels

July 18, 2017 Penalty sheet for three-count heroin indictment

Sept. 20, 2017 Superseding Samuels indictment that adds two more charges

Sept. 20, 2017 Penalty sheet for superseding Samuels indictment, two more charges

Sept. 20, 2017 Superseding Samuels indictment that adds two more charges

Jan. 3, 2018 – List of government expert witnesses against Samuels

Jan. 3, 2018 – List of government expert witnesses against Samuels

Jan. 21, 2018 Motion in Limine #1 and  #2

Jan. 21, 2018 Government’s motion to admit certification of Samuels lack of IRS filing records

Jan. 21, 2018 Memorandum of law in support of government’s motion to admit certification of lack of record

Jan. 21, 2018 Certificate in accordance with local criminal rule 12.4 and admin. Order 15-rl-78

Jan. 21, 2018 Memorandum of law in support of government’s motion to admit certification of lack of record

Jan. 21, 2018 Government’s motion to admit certification of Samuels lack of IRS filing records

Jan. 21, 2018 Certificate in accordance with local criminal rule 12.4 and admin. Order 15-rl-78

Jan. 23, 2018 Government’s proposed voir dire for Samuels jury

Jan. 23, 2018 Government’s proposed voir dire for Samuels jury

Jan 27, 2018 Government’s proposed preliminary Samuels jury instruction

Jan 27, 2018 Government’s proposed preliminary Samuels jury instruction

Jan. 28, 2018 Government’s Samuels trial brief

Jan. 28, 2018 Proposed Samuels Jury Instructions

Jan. 28, 2018 Government’s Samuels trial brief

Jan. 28, 2018 Proposed Samuels Jury Instructions

Jan. 28, 2018 Government’s preliminary exhibit list against Samuels is 10 pages

Jan. 28, 2018 10 pages Government’s preliminary exhibit list

The exhibit list includes:

• Heroin allegedly sold by Samuels
• “Baggie containing a chunk of heroin” and baggie of heroin.
• Copies of “buy” money – record of cash made before and after purchase
• Drug packaging material
• Undercover surveillance notes
• Photos of text messages from undercover informant aka “CI” (cooperating informant
• Numerous transcripts of audio tape recorded of Samuels during a “buy” and “attempted buys” using undercover agents /CI – recorded purchasing heroin with a “wire.” Video and audio of attempted buy
• Numerous videos and audio of Samuels allegedly selling heroin
• Photos in Samuel’s residence immediately after agents raided his home with a of search warrant
• Photos from traffic stop when Samuels was arrested on July 11, 2017
• Business records
• GPS tracking video
• Digital scale
• Security system
• Seized cell phones “flip phone” belonging to Samuels and others plus the phone downloads with lots of data including photos
• Copy of Samuels prior felony conviction

 

To golf or not to golf: CCI lab tech – with a penchant for the links – accuses CCI of violating the federal medical leave act

U.P. Breaking News Bulletin – 1-14-18 – 6:25 p.m. ET

At issue: Can the lab tech therapeutic play golf while on occasional medical leave for a repetitive work injury?

Did CCI hit a shot in the rough when it fired Kevin LaBelle – whose love for golf is not a secret

Its either a CCI bogey – or a swing and a miss by one of their lab techs – all played out in a federal civil suit

If you are you are on medical leave – can a company tell you what you can and cannot do – or is that up to your doctor.

By Greg Peterson
Upper Peninsula Breaking News
Owner, News Director
906-273-2433

Editor’s note: This story is my Amen Corner: A former resident of beautiful Augusta, GA, was blessed to cover the Master’s Golf Tournament as reporter for years – and as a teen working in the lunch tents peddling ham/cheese sandwiches and brew.
Was told by Master’s press folks I was only person in history to decline an invite to play 18 holes at the Augusta National Golf Club – it wasn’t a statement- I just did not my pitiful golf skills to ruin a golf course that has world-wide acclaim.
I had declined an invite to play with rest of the press – an annual event then. As a teen driver with friends in my car, I confess I almost crashed head-on into Jack Nicholas – who always stayed at a home in our neighborhood during the tournament. He was kind about the near disaster. Thank you to our creator we all survived that near head-on meeting on a small bridge.
https://www.thoughtco.com/why-is-amen-corner-called-that-1564582

(Marquette, MI) – If you search for social profiles belonging to Kevin L. LaBelle – there is no question he loves golf. A gold course photo is even his main header on Twitter. Especially this time of year, LaBelle would probably love living in Augusta, GA – the world’s golf capital.

A former Cleveland Cliffs Inc. lab tech, the 41-year-old LaBelle is suing his employer of a decade – for allegedly firing him because he asked for medical leave a few days a month – time he sometimes spent golfing.

LeBelle and his Marquette attorney Sandra Hanshaw Burink filed the six-page three-count civil federal suit during late December 2017 at the U.S. District Court in Marquette, MI. In the suit, LaBelle says his need for occasional time off is caused by a repetitive work during his job as CCI lab tech – repetitive work duties that has caused him a severe and specific injury.

LaBelle is suing CCI alleging the mining company violated his right to the federal Family and Medical Leave Act – that he needs due to a repetitive work causing injury and a degenerative arthritis. At issue – whether he abused that leave by playing the game he loves – spending time on the links on his medical days off.

LaBelle and his doctor say the work injury has nothing to do with him playing golf. In fact LaBelle apparently finds golf therapeutic. CCI has not filed its reaction to the LaBelle civil suit.

Naming Names #5: U.P. Inmates accuse guards and prison staff of heinous acts: Brutality while handcuffed, terrible medical care, disappearing evidence including video, and the infamous bug-infested food from U.P. prisons

SELRES_4e6ed988-5d0e-494c-a882-d085162bffdbSELRES_2a3688ef-e7a2-4499-b38d-7f53c8aa53c8SELRES_41409ba4-cf59-4d59-91f3-883e6444ffc7SELRES_6c20004b-ba62-4235-b60e-ef94b17cd33cSELRES_3795309b-ac79-4a95-bff0-a37ce04ffe2bNaming Names #5 U.P. Prison corruption, evidence tampering, brutality – one inmate thanked the lord to be moved to downstate prison

Naming Names #5 U.P. Prison corruption, evidence tampering – one inmate thanked the lord to be moved to downstate prison SELRES_3795309b-ac79-4a95-bff0-a37ce04ffe2bSELRES_6c20004b-ba62-4235-b60e-ef94b17cd33cSELRES_41409ba4-cf59-4d59-91f3-883e6444ffc7SELRES_2a3688ef-e7a2-4499-b38d-7f53c8aa53c8SELRES_4e6ed988-5d0e-494c-a882-d085162bffdb

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

**During some of the allegations we refer to COs as guards because if true they are not a true corrections officers

***Also today Part #1 from a CO point of view

(Upper Peninsula of Michigan) – Michigan inmates don’t have access to much evidence to bolster their lawsuits in federal court – and about the only evidence prisoners should have is the video from prison cameras but those tapes always mysteriously go missing, inmates say in their lawsuits

In addition, inmate lawsuits claim there is a huge issue pure brutality, lack of proper medical care, bug-infested rotten food, guards using excessive force while the inmate is handcuffed.

But any crooked corrections officers and crooked wardens have nothing – nothing to fear. Because an state inmate has never won a lawsuit in the history of federal court in Marquette. There have been small settlements but never for violating a prisoner’s civil rights.

Baraga Maximum Security Prison

Warden Daniel Lesatz
13924 Wadaga Road
Baraga, MI 49908-920

(906) 353-7070
Opened: 1993
Security Levels: I and V

—

Chippewa Regional Correctional Facility

Warden Connie Horton
4269 W. M-80
Kincheloe, MI 49784
(906) 495-2275

Opened: 1989
Security Levels: I, II and IV

—-

Inmate Denzel Berry lawsuit

Inmate Denzel Berry (state prison inmate #923827), who is imprisoned at the Baraga Maximum Security Prison

Read the 22-year-old Berry’s extensive criminal history including bank robbery, armed robbery, and three sexual assault convictions.

http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=923827

His longest sentence is 50 years in prison but its unclear of the many sentences are served consecutively or concurrently. Berry’s earliest release date is late 2045 and longest is 2082.

Berry filed an 18-page handwritten Violation of Civil Rights lawsuit: 11-29-17

Suit against:
RN Mrs. Cook at the Chippewa Correctional Facility in Kinross, MI
RN Mr. Finegan at the Baraga Maximum Security Prison
An unknown MDOC inmate (assaulted Berry)

Claims:
Prison officials routinely state security camera recordings of an assault are always missing.

Violated inmate “right to receive proper medical health care treatment wile in incarcerated.”

Long-term improper medical care – only prior lawsuit was 1983 about medical care at the Chippewa Correctional Facility

Inmate vs. Inmate assaults witnessed by guards who did nothing

—

Location:

Chippewa Correctional Facility chow-hall inmate at 11:45 a.m. and noon on Sun., May 31, 2015

Improper medical care and continuous missing of video/digital tape recorded by prison security cameras

Inmate Berry was “struck” in the head and face area “three to four times with a lock and a sock” bu an unidentified fellow inmate.
Berry claims attacked was witnessed by correctional officers, chow hall employees (work for Trinity Food Service), and numerous inmates.

Berry states COs who did nothing included a captain, lieutenant, and sergeant
Berry says he was only given given Tylenol and told to do neck exercises.
Inmate Berry alleges his lasting injuries included a “keloid above my right eye”
Inmate Berry states his head still hurts and no one has done anything -and is having vision issues.

Remember a Michigan state prison inmate has never won a civil rights suit in the history of federal court in Marquette. Reasons include no lawyers (none appointed, can’t afford) , a wide variety of filing issues, and lack of evidence.

Several lawsuits state that prison cameras should have caught the assaults or violations of civil rights, however many lawsuits allege the MDOC always reports that video for those particular times are missing. of civil rights.
Critics point to settlements for smalls things – like one inmate is suing over the confiscation of his CD player.

No one has provided any proof and the thousands of pages of federal court records do not substantiate an civil rights ruling in favor of the inmate.

For lack of treatment, vision problems and ongoing head pains, Berry is asking for $200,000 against RN Mrs. Cook at the Chippewa Correctional Facility because “she kept saying I’m going to be OK.”

Berry is suing RN Finegan at Baraga Max for $150,000 for the lack of proper medical care at Baraga Max because of his injuries as “I really been having hard time seeing – vision messed up.”

Inmate Berry is suing the unknown inmate who attacked him for $200,000 because of injuries that will last until his death.

Convict Berry is suing the MDOC for $150,000 for hiring medical care staff who failed to do their jobs even when inmates are seriously hurt. Inmate Berry wants the MDOC to pay for medical treatment and court costs. Berry says when given treatment it is ibuprofen and acetaminophen despite serious lasting injuries.

Berry says everything he alleges in the lawsuit should have been recorded by prison security cameras – but those tapes are missing.

---

Inmate Lawrence Dallas, state (prison inmate #314685 )
http://mdocweb.state.mi.us/otis2/otis2profile.aspx?mdocNumber=314685

Read the lawsuit:

Inmate Lawrence Dallas (1)

Inmate Lawrence Dallas (2)

Inmate Lawrence Dallas (3)

Currently at Oaks Correctional Facility in Manistee, MI
“Different place- thank goodness – just moved,” Dallas said

Convict Dallas filed hand-written 15-page federal civil rights lawsuit: 11/30/17
the 43-year-old Dallas has a criminal history dating back to 1994 and numerous convictions including home invasion, assault and most recently drugs and retail fraud. His earliest release date is September 2021 and longest is the year 2041.
Suit against:

Allegations:
Physically abusive and verbally abuse guard that injure prisoners in a variety of ways including while handcuff

Internal prison grievance systems is intentionally laborious, ineffective, waste of time, inmates never win, and evidence disappears

MDOC says it doesn’t have the security camera video for the time and date he requested – disappeared

http://www.michigan.gov/corrections
https://en.wikipedia.org/wiki/Michigan_Department_of_Corrections

https://upperpeninsulabreakingnews.wordpress.com/2017/11/28/naming-names-at-michigan-department-of-corrections-u-p-breaking-news-will-now-start-publishing-the-names-of-those-corrections-officers-and-mdoc-officials-accused-of-corruption-and-serving-rotten-foo

https://upperpeninsulabreakingnews.wordpress.com/2017/11/30/u-p-breaking-news-prison-bulletin-naming-names-3-torture-assault-and-battery-racial-slurs-abuse-alleged-at-baraga-max-prison-by-allegedly-corrupt-michigan-prison-officials

https://upperpeninsulabreakingnews.wordpress.com/2017/12/03/baraga-max-inmate-marcus-d-mays-is-suing-corrections-officers-and-medical-staff-at-baraga-max-prison-in-a-case-with-vial-and-explosive-civil-rights-and-abuse-allegations-this-is-why-we-beat/comment-page-1

Naming Names #4: Baraga Max Inmate Marcus D. Mays is suing corrections officers and medical staff at Baraga Max Prison in a case with vial and explosive civil rights and abuse allegations: “This is why we beat your fucking ass” – “We tried to break your fucking jaw and knock your head off your fucking shoulders you little spotted bitch”

Another Baraga Inmate with less than fives year prison sentence gets more time attached for allegedly attacking corrections officers at Baraga Max Prison – Inmate claims the officers regularly abuse prisoners

Explosive allegations by a convicted bank robber outline claims of civil rights crimes for alleged systemic abuse of inmates and revenge

“Fucking Nigger”

By Greg Peterson
U.P. Breaking News
Owner, News Director
906-273-2433

(Baraga, MI) – A recent federal court civil lawsuit filed by a convicted bank robber outlines allegations of a house of horror, terror and torture.

Some inmate lawsuits are considered frivolous but the allegations in this lawsuit are particularly explosive.

Baraga Max Guards allegedly said:

“Fucking Nigger”
“This is why we beat your fucking ass”
“We tried to break your fucking jaw and knock your head off your fucking shoulders you little spotted bitch”
“A little ass whipping is not going to hurt you (inmate) Mays”
“Hope you choke on that blood you are spitting up and die”
“Fuck You” when inmate asks for help
“Damn your fucking injuries”
“We stick together here at Baraga” Max
“How long do you think are you are going to keep filing lawsuits on our co-workers around here”

Detroit area convicted robber and 53-year-old Baraga Max inmate Marcus Dirk Mays – who claims to be in constant fear of retribution.

Mays was in the prison for a Nov. 2001 bank robbery convict out of Wayne County.
Mays could have been released in May 2016 if not for his conviction of assaulting a Baraga Max corrections officer. Most inmates cannot afford a civil attorney – so their claims are dismissed within two years in federal court in Marquette, MI.

There is no way for U.P. Breaking News to verify the claims made by Mays – which are likely denied by the defendants. Often inmates have no way to prove allegations that are true – and some make up allegations.

In a perfect world – and these these allegations are true – and they are only alleged – the guards and medical staff would be in prison.
Inmates must first go through the prison grievance process before filing a federal court civil suit in Marquette, MI.

U.P. Breaking News can only presume that inmate Mays will remain in good health after the publishing of this story – and we say this hopefully despite his claims.
If you represent inmate Mays or are a friend or family member – please contact U.P. Breaking News.

In addition, as usual, we are willing to talk to any of these- or other corrections officers – either on or off the record.
906-273-2433

To read or download the lawsuit and its exhibits click on the links below (Obtaining this lawsuit from the feds cost U.P. Breaking News about $20 – so feel free to download):

Baraga Max Inmate Marcus D. Mays #218101 (1)

Baraga Max Inmate Marcus D. Mays #218101 (2)

Baraga Max Inmate Marcus D. Mays #218101 (3)

Baraga Max Inmate Marcus D. Mays #218101 (4)

Baraga Max Inmate Marcus D. Mays #218101 (5)

Baraga Max Inmate Marcus D. Mays #218101 (6)

Baraga Max Inmate Marcus D. Mays #218101 (7)

Baraga Max Inmate Marcus D. Mays #218101 (8)

Baraga Max Inmate Marcus D. Mays #218101 (9)

Baraga Max Inmate Marcus D. Mays #218101 (11)

Baraga Max Inmate Marcus D. Mays #218101 (12)

These graphics in this story outline just some of the claims – and the rest can be read in the lawsuit.

Baraga Maximum Security Prison
13924 Wadaga Road
Baraga, MI

http://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=218101
http://www.michigan.gov/corrections/0,4551,7-119-68854_1381_1388-5325–,00.html

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Baraga Max Inmate Marcus D. Mays #218101 v. Pynnonen et al

U.S. District Court Judge Paul L. Maloney
U.S. District Court Magistrate Judge Timothy P. Greeley

Date filed: 10/05/2017
Demand: $225,0000
Nature of Suit/Cause: 42:1983 Prisoner Civil Rights

Plaintiff: Marcus D. Mays #218101

Baraga Max Civil Rights Federal Lawsuit Defendants:

Corrections Officer (CO) Pynnonen
CO Coronado
CO Perala
CO Massie
CO Geneman
CO Anderson
CO Grubb
CO Wealton
Register Nurse Elizabeth M. Corrigan
Head Nurse Supervisor Sabrina Snyder
Registered Nurse Ryela
Registered Nurse Usitalo
Registered Nurse Nicole Sunburg
Registered Nurse David Fingan
Physician Assistant Kristine Nyquist

Lawsuit Allegations:

Violent and excessive force
Targeted food poisoning
Baraga Max Corrections Officers “here have a history of assaulting prisoners”
Baraga Max Corrections Officers allegedly kick prisoners at Baraga Max
Baraga Max Corrections Officers allegedly beat inmates
Baraga Max Corrections Officers allegedly punch inmates
Guards allegedly take revenge in many ways including fa lase write-ups for false misconduct
Refusing needed medical treatment after allegedly assaulted by guards
Poisoning individual food trays for revenge
Retaliatory excessive excessive force
Violating inmates constitutional rights

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Mays rap sheet:

MDOC Number: 218101

Name: Marcus Dirk Mays

Racial Identification: Black
Gender: Male

53 years old
Height: 5′ 9″
Weight: 140 lbs.

Marcus Dirk Mays

Image Date: 5/7/2014

Earliest Release Date: 5/08/2016

Assigned Location: Baraga Maximum Facility

Maximum Discharge Date: 11/12/2026

Security Level: V

Aliases:
J X, J-X, JX, X J
Eric Jackson
Eric Jones
Eric Thomas
Eric Dirk Jackson
Marcus Mayes
Rodney Thomas
Tony Jackson

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Sentence 1
Offense: Assault Of Prison Employee
Minimum Sentence: 2 years

Maximum Sentence: 5 years 0 months

Date of Offense: 8/23/2013

Baraga County Max Prison
Date of Sentence: 5/09/2014
Conviction Type: Nolo Contendere

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Sentence 2
Offense: Bank Robbery
Minimum Sentence: 1 year 3 months
Maximum Sentence: 10 years
Date of Offense: 11/01/2001 in Wayne County
Date of Sentence: 1/28/2002
Conviction Type: Plea

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Sentence 3
Offense: Unarmed Robbery
Minimum Sentence: 3 years
Maximum Sentence: 15 years 0 months
Date of Offense: 5/24/1991
Wayne County
Date of Sentence: 7/19/1991
Conviction Type: Plea

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