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City appeals Cavric decision, Batter throws out Vandenberg case

Eric Vainidussen

FRANKFORT - The City of ttranktiirtwillask Michigan's Court of Appeals (COA) to reverse a cir­cuit court tiding that commanded them to reinstate Timothy Carrie to his former position with its po­lice department. During an April 20 hearing. Circuit Judge James Ratter directed Frankfort officials to rehire Cavric and compensate him for lust wages. Frankfort's city council voted unanimously on May 19 to authorize their attorney!: to appeal hatter's order. 'Ibis will he the second time the ease has been presented to the appellate court. in September of 2009, the COA overturned a similar ruling that Balzer had issued in 2(11)8.

In :mother local case: On May 20, Batter dismiss a felony resisting and °lash-acting charge that Benzie County's prosecutor hen night against an 8o year old Frankfort woman, Elaine Van-derberg was arrested last August by Frankfurt Officer Jason Wolfe after he was allegedly involved in a high-speed pursuit of her grand­son. The chase ended at Vander-berg's residence.

Wolfe testified at Vandenberg's preliminary examination that she put her hand on his arm and pushed him.

Vandenberg said that she was just trying to talk to Officer Wolfe when he squirted her in the face twice with pepper only. "The pain was beyond comprehension and it casual for hours: said Vander-berg.

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Vandenberg's attorney, Jesse Williams, said that his client cer­tainly didn't deserve to be pepper sprayed and shouldn't have been prosecuted. "I believe that the only reason (Prosecutor) Daugherty tiled charges against my client was because he was trying to protect Officer Wolfe from civil liability."

Bauer questioned Daugherty about Mat specific inference. "Is it the prosecutors illegal in to cover for possible civil lawsuits? Is that the reason for a criminal prosecution in the circuit court where the only person injured wa

s the defendant? Isn't it time for a little mature judgment in terms of where we... want to place felony prosecutions in the circuit court?" asked Ratzer.

In response, Daugherty as­serted that he believed `them was a battery and an obstruction." He indicated on Monday that he is "going to be reviewing the matter," before determining whether hell issue a misdemeanor assault charge against Vandenberg.

Frankfort Police Chief Keith Redder declined to comment about the Vandenberg or Carrie situations.

You can watch a video of the May 2o Vandenberg hearing on Up North 'IV (Charter Cable chan­nel 97) on Wednesday, May 26, at 7 p.m., and Thursday, May 27, at 7:30 am. It is also available streaming online at www.upnorth­media.orgiupnorthtvsla tws.asp.

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