Deputy's Conduct Taints Oakland County Drug Cases

[Michael Komorn]

Oakland County prosecutors have dropped 16 drug cases in recent months -- including one involving a large-scale marijuana bust -- after an investigation determined a deputy on the county's narcotics enforcement team falsified a search warrant and lied under oath.

 

County Prosecutor Jessica Cooper said she learned in September that Marc Ferguson, now fired, opened a shipping container at YRC Freight in Pontiac without a search warrant in June 2011. He discovered 78 pounds of marijuana with a street value of $300,000.

Ferguson resealed the container and sought a search warrant from a Pontiac magistrate, signing a sworn affidavit under oath that asked for permission to open the container, Cooper said. Police arrested Anastacio Payan of California when he tried to claim the container, and in a court hearing the next month, Ferguson denied on the witness stand that he opened the container without a warrant.

 

 

 

http://www.freep.com...D=2013301290109

[Michael Komorn]

This is Brady or Giglio material. Odd that the prosecutor is deciding what is exculpatory and not the attorney's representing the accused. How long have they known, how many other cases with this rogue's signature on an affidavit exist and when will they be dismissed?

 

"County Prosecutor Jessica Cooper said she learned in September that Marc Ferguson, now fired, opened a shipping container at YRC Freight in Pontiac without a search warrant in June 2011."

 

Why is this happening in January of 2013, if you knew about it in 2011? hmmmmm

 

 

Classic quote from the article

 

" Ferguson has not been criminally charged. Oakland County Undersheriff Michael McCabe said the department didn't seek criminal charges for fear that a possible acquittal would allow Ferguson to get his job back through arbitration."

 

I would disagree it is hard to convict a sheriff, here is some evidence to the contrary Under Sheriff.

 

http://www.mlive.com/news/flint/index.ssf/2012/11/former_oakland_county_sheriffs.html

 

 

Or is under sheriff sending a message to all the other rogues, commit your crimes while in uniform, the worse that will happen is you get fired. You get a free pass on the criminal charges. You are elite and as long as you lie, cheat and steal, while serving your duty as a Sheriff- it is not a crime? Can this be what the under sheriff is saying?

[jamieuke]

I think that more details are being sought, of course, but this could help to expose the corruption in NET and the Oakland County Sheriff's Department, that many have been aware of and/or victims of, for a long time now.

 

Several of the cases and people that a lot of us are familiar with, could see dismissals and reversals, but it would make sense that this scenario could help to expose a broader issue of misconduct. Bouchard, apparently, just tried to sweep it under the rug.

 

It will be extremely interesting to learn the specifics and what could result from it.

[Restorium2]

Here's a different point of view of the Oakland County Sheriff's Department. To some it's a model to be used across the state;

 

See;

http://www.mlive.com/news/saginaw/index.ssf/2012/04/pontiac_councilwoman_strongly.html

[Hayduke]

I am with you on this Jamieuke. I am not overconfident the veil of impropriety will be pierced, as the police corruption in Oakland County is both well documented and unprosecuted in the past. Thankfully at least a few wronged defendants will have their case dismissed.

 

Who can put their feet to the fire to come clean, when it appears the corruption may indeed go from top to bottom and back again.

Edited January 29, 2013 by Hayduke

[bobandtorey]

I think that more details are being sought, of course, but this could help to expose the corruption in NET and the Oakland County Sheriff's Department, that many have been aware of and/or victims of, for a long time now.

 

Several of the cases and people that a lot of us are familiar with, could see dismissals and reversals, but it would make sense that this scenario could help to expose a broader issue of misconduct. Bouchard, apparently, just tried to sweep it under the rug.

 

It will be extremely interesting to learn the specifics and what could result from it.

 

I am so surprised at this just think falsifying a Search warrant it mustbe the first time that has happen

And covering it up for3 years I just can't believe it and also a Supreme Court justices will be turning her self inn today

 

What has happen to the people that we all lookup too

[Hayduke]

well Oakland County Sheriffs and Sup Ct justices have ridden that fine line between legal and corrupt for some time now.

 

They are not people I look up to...

 

no no, no way....

[CaveatLector]

 

" Ferguson has not been criminally charged. Oakland County Undersheriff Michael McCabe said the department didn't seek criminal charges for fear that a possible acquittal would allow Ferguson to get his job back through arbitration."

 

The undersheriff's reasoning is craziness. If he is acquitted by a jury of his peers maybe he SHOULD get his job back. This is really abhorrent. He gets a free ride because of his job? Maybe all criminals should get that same choice--get fired from your job OR be charged.

[bobandtorey]

I was at the Oakland county court house 3 days last week not for us just to

Here case's and their were a lot of Lawyers I talked to in the hall ways

 

And when they told me about things like Search warrants and how Leo was trying to doing to people

Even they the Lawyers that believe in the courts our seeing things that are just not right

One of the days were Motions days and I heard 3-4 just about Search warrant

And how the Lawyers didn't believe they even had one or after a raid they went and got one later

[bobandtorey]

 

The undersheriff's reasoning is craziness. If he is acquitted by a jury of his peers maybe he SHOULD get his job back. This is really abhorrent. He gets a free ride because of his job? Maybe all criminals should get that same choice--get fired from your job OR be charged.

Or maybe he won't be able to tell the jury the truth or a judge that's say's I believe the Leo lets move on

[JohnnyC]

Wow. Hi figure a bad cop? Who'da thunk.

 

[maxmax]

Do you think she will Throw any of them under the bus?

I don't think so she will do the dance around thing but I will love to here it

[phaquetoo]

I am so surprised at this just think falsifying a Search warrant it mustbe the first time that has happen

And covering it up for3 years I just can't believe it and also a Supreme Court justices will be turning her self inn today

 

What has happen to the people that we all lookup too

 

You have to be joking im sure! only leo I looked upto was my dad, and he has been retired longer than he worked now, remember I partied with all of his friends, cops are people too, but they have guns and they are above the law they are supposed to be enforcing!

 

Peace

Jim

 

p.s I know that was sarcasim bob, I hope it has a positive effect on you and yours!

[lawyercaregiver]

The undersheriff's reasoning is craziness. If he is acquitted by a jury of his peers maybe he SHOULD get his job back. This is really abhorrent. He gets a free ride because of his job? Maybe all criminals should get that same choice--get fired from your job OR be charged.

 

 

Thank you! We are increasingly facing a ruling class in this country. Contrary to what we were told in this last election the ruling class is NOT the EEEEVILLL RICH or the 1% (or 2%! The ruling class is THE ALL POWERFUL GOVERNMENT and their army of Horseflies buzzing around looking for any opening to sting random citizens.

[CaveatLector]

The comments section on the Freep uses Facebook logins to piece anonymity, but I already see a couple from our community have commented there. We should try to fill it up to push more action than has been taken so far. I can't believe they are trying to sweep such a monumental lapse under the rug. Their credibly to handle this situation internally is nil; they need to do better.

A charging decision should NOT be handled internally. This is crazy. The AG's office needs to intervene here and handle prosecution. Those living in Oakland County maybe ought contact their reps and senators and urge them to request the AG investigate.

[BirdHunter]

Who can empanel a grand jury? Isn't a grand jury's role to Investigate and indict if A local prosecutors office fails to act?

[Kingpinn]

Gee I wonder if a Magnet Officer would plant marijuana in my garbage to secure a warrant and lie about it under oath. I mean perfectly good buds strait out of the evidence room into my garbage.Hmmm I wonder. Happened 2002 public record.Wonder if that had anything to do with my case . Hmm I Wonder. LEO would never lie now would they ???

Plea bargained to a misdemeanor 1800 dollar fine no probation no AA meetings no public service just 1800 and be on your way.Seems to be kind of a lite sentence for a guilty guy don't it ?? Judge asked then why I fought this so hard told him I was being railroaded should be on the transcript.

Still being RAILROADED 4 years worth

Edited January 31, 2013 by Kingpinn

[bobandtorey]

“That attorney is an officer of the court, supposedly of the highest moral and ethical standards, and if he believed back then that the officer lied on the stand, I’d like to know why he didn’t notify the Prosecutor’s Office or the Oakland County Sheriff’s Office and say ‘I believe you guys have a dirty cop here,’” he said. Continued...

 

And now they are trying to putting it back on the Lawyer