Michael Komorn Posted January 14, 2011 Report Share Posted January 14, 2011 Judge calls rape prosecution, jailing of Oakland County dad 'troubling' This is justice in Oakland County?? By L. L. BRASIER and JOHN WISELY Free Press Staff Writer The family of an autistic girl that recently settled a wrongful prosecution lawsuit with West Bloomfield Police for $1.8 million should learn soon if they can continue their claim against other defendants. Lawyers for the Oakland County Prosecutor’s Office, the Walled Lake Consolidated School District and the Michigan Department of Human Services argued for 90 minutes this afternoon for governmental immunity from a suit filed by Julian and Thal Wendrow. U.S. District Judge John Corbett O’Meara said he would rule within a few weeks, calling the case “a very troubling fact situation.” “There are enough fact issues that this isn’t going to go away,” Corbett O’Meara said. “Obviously this is a very serious matter.” The Wendrows sued in 2008 after they were arrested. Former Oakland County Prosecutor David Gorcyca charged Julian Wendrow with first-degree criminal sexual assault, accusing him of repeatedly raping his severely autistic 14-year-old daughter. Gorcyca charged Thal Wendrow with failing to protect the child. The child does not speak and functions on the level of a 2-year-old, according to court records. Gorcyca, and his chief assistant, Deborah Carley, based the prosecution on “statements” the girl reportedly typed in November 2007, while a Walled Lake Schools teacher’s aide guided her hands on a keyboard. The method, known as Facilitated Communication, has been widely dismissed by experts who insist it is the aide who is actually communicating. A physical exam of the girl showed no signs of abuse but Julian Wendrow spent 80 days in jail. His wife was released on tether. The girl and her 13-year-old brother were placed in foster care. • Video: Watch boy's interrogation by police. Oakland County’s lawyer, Rick Patterson, argued for immunity but the judge said that argument “starts to lose the texture when you come to that decision to put both mother and father in jail where there didn’t seem to be any check on the information they had… This facilitated communication,” Corbett O’Meara said. “Isn’t there some check that should have been there?” Walled Lake Schools attorney Kevin Sutton argued that the school was obligated to report the allegations. But the Wendrows’ attorney, Deborah Gordon, said, “The school district worked hand in glove with the prosecutor,” despite knowing facilitated communication “was a sham.” Read more: Judge calls rape prosecution, jailing of Oakland County dad 'troubling' | freep.com | Detroit Free Press http://www.freep.com/article/20110113/NEWS03/110113062/Judge-calls-rape-prosecution-jailing-of-Oakland-County-dad--troubling-#ixzz1B01TA09P Michael A. Komorn Attorney and Counselor Law Office of Michael A. Komorn 3000 Town Center, Suite, 1800 Southfield, MI 48075 800-656-3557 (Toll Free) 248-351-2200 (Office) 248-357-2550 (Phone) 248-351-2211 (Fax) Email: email@example.com Website: www.komornlaw.com Check out our Radio show: http://www.blogtalkradio.com/planetgreentrees NEW CALL IN NUMBER: (347) 326-9626 Live Every Wednesday 8-9:30 p.m. PLANET GREENTREES w/ Attorney Michael Komorn The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD. If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air. http://www.blogtalkradio.com/planetgreentrees PLANET GREENTREES Call-in Number: (347) 326-9626 Call-in Number: (347) 326-9626 Quote Link to comment Share on other sites More sharing options...
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