Two-Tiers of Mason County Justice Illustrated

[XLFD]

In the May 8, 2015 Mason County Press we learned of several arraignments taking place in our local district court, among these was a woman facing three counts:

"Lauri Ann Hurst, 35, no address listed, was arrested May 1 by the Ludington Police Department (LPD) for three felony counts of resisting/opposing/obstructing a police officer. Probable cause hearing: May 13 at 3 p.m. Bail: $7,500/cash/surety/10 percent cash."

It was during the same time David Anderson, a Lansing attorney, was being charged with two counts of CSC, so you may have noticed it before when you checked that article out. 

Earlier today, this lady originally from Kentucky, was sentenced in the circuit court after agreeing to a plea deal, as reported by the MCP.

"A 35-year-old Ludington woman appeared remorseful as she pleaded guilty to three felony counts of resisting/opposing/obstructing a police officer during a final conference hearing in 51st Circuit Court Tuesday, June 9.

Lauri Ann Hurst testified that she assaulted two male Ludington police officers and one female Mason County Sheriff’s deputy during her arrest, May 1, in the City of Ludington. She told Judge Susan Sniegowski that she tried biting one of the LPD officers; scratched another LPD officer; and then spit on the MCSO deputy.

Hurst, who is lodged in the Mason County Jail on a $7,500 bond, is looking at serving 90 days up front of a one-year discretionary jail sentence as agreed upon in the plea deal. Each charge carries a two-year maximum, and the sentencing guidelines are 0-17 months.

Sentencing is set for July 21 at 2:30 p.m."

What strikes me as troubling about this case is that the underlying story behind the initial arrest remains unclear.  The City of Ludington Daily News (COLDNews) elaborates a little more on the details, namely: 

"Hurst told Sniegowski she scratched Ludington Police Officer Mike Haveman and attempted to pull away from him as he tried to place her under arrest May 1 in the 800 block of N. Lavinia Street. Hurst said she tried to pull away from, trip and bite Ludington Police Officer Travis Wheaton as well. Hurst said she also spat upon Mason County Corrections Deputy Holly Flanery."

As there is no criminal or arresting offense other than the resisting/opposing obstructing offense, one has to wonder why they were arresting her in the first place, before the resisting started.  If someone is unlawfully arresting you, even a police officer, a very possible reaction would be to fight for your liberty, particularly if there is nobody there who can record or witness what's going on.   

It leads one to presume that the arrest itself was unlawful, much as it was in the local case of Nancy Septrion in January who was assaulted by three officers (one county officer and two LPD officers, just as in this case) before and after she was unlawfully detained by them.  That unlawful detainment will wind up costing our local government units dearly because of the poor police training of Deputy Mike Fort.

Likewise, we can not forget the mayhem that three local police officers, that time two Mason County deputies and one LPD officer, inflicted on a guiltless Joseph McAdam.  As the three peace officers walked him away from his car that he was a guiltless passenger (just like Septrion) threatening him with arrest for no valid reason, they rushed up, leg swept him from behind and repeatedly tased and roughed McAdam (pictured below) up while his mother helplessly looked on, being contained by another officer.  Who would then roughly arrested and her property seized without any articulated probable cause. 

Both of these traffic stops featured unlawful use of police power, where the charges leveled against the two innocent and otherwise upstanding citizens of Ludington were charges that arose after their illegal detainment and beat-downs. 

As it looks, Lauri Ann Hurst, from her picture, probably got back a little of what she almost gave.  A scratch on an officer (intentionally given or not) when they tried to arrest her for some unknown charge, then tried to pull away from the other officer and unsuccessfully bite him.  Then she later spat on a corrections officer. 

Wait until we find out what happened to her that precipitated this behavior of hers when she files her lawsuit.  Her picture looks to have at least one bump on her noggin.  One thing we can expect is that the officers arresting her for no crime will suffer no consequences for their actions whatever they might have done.

[Willy]

That is a big problem I have with the police and that is stopping people who look or don't look suspicious which then escalates into a bigger confrontation. The only "crime" committed is the citizens irate attitude toward being falsely accused and stopped when no actual crime has been committed. Ludington is famous for that and the sooner Ludingtons officers start wearing cameras and voice recorders the sooner citizens will feel safe when confronted by a Ludington officer.

I don't think Hurst will have much of a case to sue over since she plead guilty to the charges. She must have a court appointed attorney who only wants to get this case over with.  

[Jasper]

What I would like to know is Al Swanson Jr. Attorney at Law, a court appointed attorney for Mason County?  Mr. Swanson was super busy yesterday at the Court House representing the numerous people that appeared in front of the Judge according to the MCP and LDN news sites.  

However, Al Swanson Jr.  has a questionable past and record.  Google his name.  There is no information available as far as I could find regarding Mr. Swanson and the findings of the Attorney Discipline Board, after allegations  of alleged improprieties.

http://www.mlive.com/news/muskegon/index.ssf/2012/02/al_swanson_mus...

Is Al Swanson Jr. a court appointed attorney in Mason County, after he resigned as a court appointed attorney in Muskegon County?  According to the news article, Mr. Swanson resigned prior to his termination. WOW!!!

 

[Jasper]

Also, curious to the events that led up to Lauri's arrest.  Strange the local media did not provide that information.  As reported by local news media, the reader knows she resisted etc.  But why?  The local media needs to provide this information.   

[XLFD]

To my knowledge, Al Swanson Jr. wasn't on the list of court appointed attorneys for Mason County, I believe they consisted of Glancy, Stevenson (from Lake County), and Doug Springstead (Oceana County) were the ones I saw at the beginning of the year.  But he was on the same law firm that our past court-appointed attorney from Muskegon (Annette Smedley) was. 

Thanks for the knowledge on Swanson, I think the two women in their thirties going before the court may not have known his alleged shady past, which is likely true if a judge was commenting negatively on his behavior.  I'm actually presuming that the actions prior to the resisting/obstructing was left on the cutting room floor by plea agreement.  That's why I think it's probable that she was defending herself from overzealous cops that believe they are above the law because Chief Barnett and Sheriff Cole allow it.

[Willy]

I have a problem with the news media printing information about someone who has not been proven guilty of any crime. If Swanson is innocent then his reputation is ruined. The  media convicts him without getting both sides of the story and proof that the information printed is correct. If a person has been convicted of a crime, then, their names should be released.

[XLFD]

I agree, Willy, but in reading the article Jasper left us, the reporter J. Hausman had unsuccessfully tried to get a hold of Swanson, and interviewed people involved and looked at other evidence before reporting the behavior. 

As Swanson was a public defender during that time period the allegations surfaced, investigations and resignations were occurring, so I can't fault the way Hausman presented the material even if actual guilt had not been established.  Swanson has had plenty of time since for rebuttal, and has waived it.