FreeFalling
03-10-2008, 10:31 AM
Stephen Grant is appealing his conviction in the murder and dismemberment of his wife Tara.
Judge OKs Grant's request to appeal
Court-appointed counsel approved; lawyers doubt he has any chance.
By Jameson Cook, Macomb Daily Staff Writer
"Stephen Grant will appeal his second-degree murder conviction and/or sentence for the slaying of his wife, Tara.
Grant's "claim of appeal" and order granting him court-appointed appellate counsel were approved Monday by Circuit Chief Judge Richard Caretti and filed in the court records office Thursday.
Grant will be assigned an attorney from the Appellate Defender's Office who will file appeal briefs later this year. The Macomb County Prosecutor's Office appellate division will respond with briefs.
"There will be a series of briefs filed and arguments within the next six months to a year," said Craig Tank, an appellate and criminal defense attorney, followed by several months or longer of consideration by an appeals panel.
Attorneys said Grant has three or four potential issues on which to appeal, but Tank and attorney Charlie Langton contend Grant won't succeed.
"Just because he has the right to appeal doesn't mean he's going to win," Langton said.
Tank said the facts of Grant's crime and his personality combine to give him zero chance of winning a new trial.
"There's no way in hell that any appeal he has will be granted," Tank said. "The Court of Appeals will choose the facts they want to fit the denial. Grant is notoriously known as a bad person."
Grant, 38, was sentenced to 50 to 80 years in prison Feb. 21 after he was convicted Dec. 21 by a Macomb Circuit Court jury of second-degree murder for strangling Tara, 34, more than a year ago in their Washington Township home. He also is serving a 6- to 10-year concurrent term for dismembering her body.
If Grant were to win a new trial, he would be tried on second-degree murder, not the original charge, first-degree murder, because he was acquitted of that offense, Langton said.
Attorneys said Grant's strongest issue is seeking to have the confession thrown out due to confusion about whether Grant was given a chance to consult an attorney. Grant confessed March 4, 2007, to Macomb Sheriff's Detective Sgts. Brian Kozlowski and Pamela McLean in Northern Michigan Hospital in Petoskey, near where he was apprehended by police.
Grant's prior attorney, David Griem, had withdrawn from the case on a Detroit TV station about 10 hours before his statement.
In winning at the trial level, Macomb prosecutors noted that a sheriff's officer stationed in Grant's hospital room offered to assist Grant in locating a new defense attorney. Langton also noted that Grant signed off on his Miranda rights, and the interview was audio recorded.
One attorney who asked to not be named suggested that the shocking disclosure by Grant's 7-year-old daughter on Christmas Day that she and her 5-year-old brother saw their father kill their mother could require a new trial.
Grant's lead defense attorney, Stephen Rabaut, during the sentencing hearing raised questions about whether the girl could provide important eyewitness details that could help or harm his client. He suggested the court should conduct an evidentiary hearing to determine the girl's knowledge.
But Langton said the girl's young age at the time, 6, would likely disqualify her as a viable witness. Macomb County Prosecutor Eric Smith said after the sentencing the girl was too young to testify.
Tank noted the girl's adopted parents, Alicia and Erik Standerfer, could be called as witnesses to relay what the girl told them. Her comments can be considered an "excited utterance," an exception to hearsay in court, because of her age, Tank said.
Attorneys learned later that the girl had disclosed the information to a therapist in May 2007, and the boy, who is now 5 and was 4 at the time of the murder, disclosed it to a therapist in October.
Another issue that could be appealed is Judge Diane Druzinski's denial of the defense's request for a change of venue, to another county.
But Langton said Grant has no chance on that issue because Druzinski "did a really good job" of ensuring that although most potential jurors were exposed to case publicity, the ones selected were not affected by it.
"I think the Court of Appeals will look at this case as a model of how to handle high-publicity cases," Langton said.
Grant could appeal Druzinski exceeding the sentencing guidelines of about 19 to 31 years, although he noted the judge properly articulated several reasons.
On the form for a court-appointed appellate attorney, Grant lists no assets and debts of $50 million, the wrongful death judgment against him gained by Tara's estate, and $41,065 in public defender fees."
Source: http://www.macombdaily.com/stories/030708/loc_local04.shtml
Judge OKs Grant's request to appeal
Court-appointed counsel approved; lawyers doubt he has any chance.
By Jameson Cook, Macomb Daily Staff Writer
"Stephen Grant will appeal his second-degree murder conviction and/or sentence for the slaying of his wife, Tara.
Grant's "claim of appeal" and order granting him court-appointed appellate counsel were approved Monday by Circuit Chief Judge Richard Caretti and filed in the court records office Thursday.
Grant will be assigned an attorney from the Appellate Defender's Office who will file appeal briefs later this year. The Macomb County Prosecutor's Office appellate division will respond with briefs.
"There will be a series of briefs filed and arguments within the next six months to a year," said Craig Tank, an appellate and criminal defense attorney, followed by several months or longer of consideration by an appeals panel.
Attorneys said Grant has three or four potential issues on which to appeal, but Tank and attorney Charlie Langton contend Grant won't succeed.
"Just because he has the right to appeal doesn't mean he's going to win," Langton said.
Tank said the facts of Grant's crime and his personality combine to give him zero chance of winning a new trial.
"There's no way in hell that any appeal he has will be granted," Tank said. "The Court of Appeals will choose the facts they want to fit the denial. Grant is notoriously known as a bad person."
Grant, 38, was sentenced to 50 to 80 years in prison Feb. 21 after he was convicted Dec. 21 by a Macomb Circuit Court jury of second-degree murder for strangling Tara, 34, more than a year ago in their Washington Township home. He also is serving a 6- to 10-year concurrent term for dismembering her body.
If Grant were to win a new trial, he would be tried on second-degree murder, not the original charge, first-degree murder, because he was acquitted of that offense, Langton said.
Attorneys said Grant's strongest issue is seeking to have the confession thrown out due to confusion about whether Grant was given a chance to consult an attorney. Grant confessed March 4, 2007, to Macomb Sheriff's Detective Sgts. Brian Kozlowski and Pamela McLean in Northern Michigan Hospital in Petoskey, near where he was apprehended by police.
Grant's prior attorney, David Griem, had withdrawn from the case on a Detroit TV station about 10 hours before his statement.
In winning at the trial level, Macomb prosecutors noted that a sheriff's officer stationed in Grant's hospital room offered to assist Grant in locating a new defense attorney. Langton also noted that Grant signed off on his Miranda rights, and the interview was audio recorded.
One attorney who asked to not be named suggested that the shocking disclosure by Grant's 7-year-old daughter on Christmas Day that she and her 5-year-old brother saw their father kill their mother could require a new trial.
Grant's lead defense attorney, Stephen Rabaut, during the sentencing hearing raised questions about whether the girl could provide important eyewitness details that could help or harm his client. He suggested the court should conduct an evidentiary hearing to determine the girl's knowledge.
But Langton said the girl's young age at the time, 6, would likely disqualify her as a viable witness. Macomb County Prosecutor Eric Smith said after the sentencing the girl was too young to testify.
Tank noted the girl's adopted parents, Alicia and Erik Standerfer, could be called as witnesses to relay what the girl told them. Her comments can be considered an "excited utterance," an exception to hearsay in court, because of her age, Tank said.
Attorneys learned later that the girl had disclosed the information to a therapist in May 2007, and the boy, who is now 5 and was 4 at the time of the murder, disclosed it to a therapist in October.
Another issue that could be appealed is Judge Diane Druzinski's denial of the defense's request for a change of venue, to another county.
But Langton said Grant has no chance on that issue because Druzinski "did a really good job" of ensuring that although most potential jurors were exposed to case publicity, the ones selected were not affected by it.
"I think the Court of Appeals will look at this case as a model of how to handle high-publicity cases," Langton said.
Grant could appeal Druzinski exceeding the sentencing guidelines of about 19 to 31 years, although he noted the judge properly articulated several reasons.
On the form for a court-appointed appellate attorney, Grant lists no assets and debts of $50 million, the wrongful death judgment against him gained by Tara's estate, and $41,065 in public defender fees."
Source: http://www.macombdaily.com/stories/030708/loc_local04.shtml