OWI - Reduced to Careless Driving

Just left the 48th district court with a victory. Abood Law Firm client was a physician charged with drunk driving in the city of Birmingham, an offense in a jurisdiction that is known for sending first-time drunk driving offenders to jail. After numerous court hearings and an evidentiary hearing, we were successful in getting evidence suppressed which triggered the prosecution to offer us a plea deal. However, persistent that we were prepared to go to trial, at today's final Jury Pre-Trial, I was successful in getting my client's charge reduced to a civil infraction, which carries a fine of only $170! Client stays out of jail, keeps her medical license, and walks out of court happy!

Questions or Comments?  Contact Clinton Van Nocker at clint@aboodlaw.com

Jury selection complete in Drew Peterson murder trial

Drew Peterson carefully appraised every prospective juror who took a seat in a Joliet courtroom Tuesday, then later nodded or shook his head when his attorneys asked whether to fight to keep them. He remained closely involved as the final jurors were selected, setting the stage for opening statements and testimony in his murder trial next week. Though Peterson's defense team had aired concerns early on about being able to find an impartial jury for the highly publicized case, the 12 jurors and four alternates were selected from the first 47 candidates, part of an unusually large pool of more than 200 convened three years ago. Peterson, a former Bolingbrook police sergeant, is charged with the 2004 drowning death of his third wife, Kathleen Savio. He is the sole suspect in the 2007 disappearance of his fourth wife, Stacy, but has not been charged. As he did Monday during the first day of jury selection, Peterson stood to greet the second pool Tuesday. He wore a navy sports jacket, a plaid tie and -- after the proceedings were delayed briefly so he could get a pair that fit -- gray pants. "Good day, ladies and gentlemen," Peterson said after being introduced by his attorney Joel Brodsky. "As they said, my name is Drew Peterson. I'm the defendant in this case. I'd like to take this time to thank you for your time and wish you all a nice day." Attorneys on both sides said they were happy with the jurors selected to hear the trial, scheduled to begin with opening statements Tuesday. "We're anxious to get the trial started," said Will County State's Attorney James Glasgow. "We've finally come to the point where we've all been aiming for." Peterson will spend the next few days meeting with the defense team, reviewing witnesses and testimony, Brodsky said. "He's all business now. He's getting ready. The quipping is over," Brodsky said. "When it's time to be funny, he's funny. When it's time to be serious, he's serious." The jury of seven men and five women includes a divorced secretary who writes poetry, a semiretired Lockport crossing guard who likes reading mystery novels, a Plainfield man who sold his construction company and enjoys flying, and a college student who lives with his parents. Nancy Marder, a Chicago-Kent College of Law professor and author of "The Jury Process," said jurors tend to obey instructions to base their decisions on the evidence presented at trial. Members of the public often don't follow news stories in great detail, she said. "Even in a high-profile case, you can find people who haven't been saturated by the coverage," she said. The tension between Glasgow and defense attorney Steve Greenberg flared again at day's end during a discussion that started over how objections would be handled at trial. Glasgow became annoyed when Greenberg mispronounced his last name and then asked Judge Edward Burmila to ban Glasgow from emphasizing his role as the county's chief prosecutor during opening statements. The state's attorney is appearing in court as the lead attorney on the case. "Mr. Glasgow can say, 'I am the state's attorney of Will County,'" Greenberg said. "Anything beyond that, Judge, I think is improper." Glasgow responded by saying he wouldn't engage in "this rambling nonsense" that had happened in other top prosecutors' opening statements that Greenberg cited. "I'm not going to introduce myself (that way)," he told the judge. "I'll say, 'I'm Jim Glasgow.'" Burmila said he wasn't going to issue a "road map" for either side to use in opening remarks and tried to get the attorneys to behave a little more politely. "We're done commenting on each others' comments," he told the attorneys. Some faces that were present for the first trial, which had been set to start in 2010 before a long appeals process over hearsay statements, were back in court observing Tuesday. Andrew Abood, a former Peterson defense attorney, and Domenica Osterberger, a former Peterson prosecutor who is now a Will County judge, sat in the courtroom gallery. Questions or Comments? Contact Clinton Van Nocker at clint@aboodlaw.com

Ex-Red Wing Enforcer Darren McCarty Drops Protection Order Against Ex-Lover

Former Detroit Red Wing Darren McCarty and his wife agreed to drop a personal protection order against one of his ex-girlfriends. The action took place Wednesday in Oakland County Circuit Court. WWJ-AM reports attorney Jeffrey Lance Abood said his client, 37-year-old Tonya Juhl of Clawson, was never a threat to McCarty, and the judge saw that. “It’s unfortunate that athletes and their spouses believe they are entitled to special treatment even far long after they’ve been out of the spotlight,” Abood told the station. “Fortunately, for us in this case, in the courtroom justice was blind and ultimately the correct decision was made.” Abood said Judge Joan Young found no merit to the claim that McCarty was afraid of Juhl. Abood said McCarty's wife had an issue with the ex-girlfriend. Juhl agreed to remove any posts about the McCartys from social media. Questions or Comments? Contact Clinton Van Nocker at clint@aboodlaw.com

MBS H1S5 - Attorney Andrew Abood, Tru TV Network & Drew Peterson jury selection observations

Andrew Abood discusses the Drew Peterson jury selection on MIBigShow with Michael Patrick Shiels!! http://soundcloud.com/mibigshow/mbs-h1s5-attorney-andrew-abood

McCarty, wife drop protection orders against 3 of 4 ex-friends

Pontiac — Former Detroit Red Wing Darren McCarty and his wife dropped personal protection orders against three ex-friends Wednesday, but legal matters involving a fourth person — Tonya Juhl, 37, of Clawson — are still to be decided.
The 40-year-old retired hockey star and his wife, Sheryl, 37, claim the four have been harassing and threatening them over the past two years because McCarty has tried to distance himself from his past lifestyle of women, booze and drugs.
After about an hour of testimony Wednesday, Oakland Circuit Judge Joan Young stopped proceedings until July 25, leaving the protection order against Juhl — a former girlfriend of Darren McCarty — in effect.
Personal protection orders were dismissed against Kimberley Mitchell, 38, of Clawson; Anne Marie Samulski, 22, of Royal Oak; and Louis Barbato, 40, of Shelby Township. All had come to court to contest information in the orders as either false or exaggerated.
The McCartys and Juhl declined to be interviewed after the proceedings. Their attorneys said they are hopeful matters will be resolved by the next hearing date — if not sooner.
"We resolved three of these today by mutual agreement of attorneys," said the McCartys' attorney Albert Addis.
Darren McCarty, who helped the Wings win four Stanley Cups with his physical play, testified that he ignored things being said about him in private and in public for nearly two years until it involved threats to him, his wife and their six children that left him "looking over my shoulder."
Juhl — who testified she had an intimate relationship with McCarty for about six to eight months that ended in 2010, repeatedly denied under questioning that she ever threatened the McCartys by phone, email or in person. She said she had received threatening emails from Sheryl McCarty, who she suspected broke a passenger window on her car.
Juhl, a cocktail waitress at Greektown Casino, said she filed a police report about her concerns on May 21 — three days after the McCartys filed a police report about concerns for their own safety.
Asked by Juhl's attorney, Andrew Abood, if he was "afraid" of Juhl or her friends, McCarty testified:
"Yes ... I don't know who the Big Bad Wolf is going to be coming around the corner that she knows."
McCarty testified that Juhl had shown up at a radio show and "gave (me) the finger" in front of about 5,000 peopleAbood suggested the protection orders were simply an effort by the McCartys to "cut off" people they didn't want to associate with anymore, rather than a product of genuine fear.
At one point, when Abood asked McCarty how many fights he had been in, the judge interjected: "He's a hockey player."
McCarty and his wife got personal protection orders last month against three Oakland County women and a Macomb County man for stalking and harassment, Oakland Circuit Court records show.
The McCartys accuse the four of trying to get the couple fired from their jobs, threatening both through text messages and phone calls, posting malicious comments on McCarty's work and appearance websites, and threatening violence against them.
The protection orders, issued on May 22, were good for a year, and barred Juhl, Mitchell, Samulski and Barbato from approaching, following or contacting the McCartys or going to their home or workplaces. McCarty works for the Detroit Red Wings Alumni Association, and worked in the past year for a Detroit pawn shop; his wife is a nurse at Beaumont Hospital.
In his Wings career, McCarty was known as a brawler, part of the "Grind Line" with Kirk Maltby and Kris Draper.
McCarty spent 13 seasons with Detroit, from 1993-2004 and 2007-09. Fans still talk about how he pummeled Colorado Avalanche star Claude Lemieux during a fight in March 1997.
But behind the glory was a man battling demons. McCarty liked to party and went through alcohol rehab in the 1990s.
He also ran up $185,000 in casino debts and filed for bankruptcy in 2005 to clear more than $6 million in debts. By then, he was divorced from his first wife.
In a letter filed in Oakland Circuit Court, Sheryl McCarty said her husband underwent regular drug and alcohol testing while with the Wings and "basically rebelled" after retiring in 2009.
"Darren started partying and surrounded himself with bad people due to the choices he was making. … Louis Barbato, Kimberly Mitchell, Tonya Juhl and Anne Marie Samulski are four of those people," she wrote.
In her letter, Sheryl McCarty said after her husband cut off contact with them, Mitchell began calling and sending her emails threatening that they were "going to kill me" or "hit me so hard my neck would break."

Questions or Comments?  Contact Clinton Van Nocker at clint@aboodlaw.com

McCarty, wife claim harassment, threats

Published: June 6, 2012 at 12:40 PM PONTIAC, Mich., June 6 (UPI) -- Former Detroit Red Wings star Darren McCarty and his wife have protection orders against four former friends who allegedly harassed them. McCarty, 40, and his wife, Sheryl, 37, were granted the orders by an Oakland County Circuit Court judge last month, The Detroit News reported. McCarty and his wife, whom he married this year, said the three women and a man had threatened violence against them, tried to get them fired from their jobs and posted malicious comments on Web sites. Oakland County Circuit Judge Mary Ellen Brennan granted the protection orders against Tonya Juhl, 37, and Kimberley Mitchell, 38, both of Clawson; Anne Marie Samulski, 22, of Royal Oak; and Louis Barbato, 40, of Shelby Township. The orders, which remain in force for a year, forbid the four ex-friends from approaching, following or contacting the McCartys or going to their home or workplaces. In an interview, McCarty said: "They don't like me because I'm not running around with them anymore, and they don't like [his wife] because we got married and just want to get on with our lives." The couple said in court papers the four began targeting McCarty, who went through alcohol rehab in the 1990s, and his wife after failing to lure him back into a life of partying. McCarty, who spent 13 seasons with the Red Wings, now works for Detroit Red Wings Alumni Association. His wife is a nurse. Mitchell denied the McCartys' claims as "totally false" but would not elaborate. Court records say Juhl and Samulski are waitresses who dated McCarty -- apparently unknown to each other -- off and on from December 2009 to March 2010. "We don't know what [the McCartys] are attempting to accomplish. There seems to be some vindictive ulterior motive to this because my client and another are former girlfriends of his," said Jeffrey Lance Abood, an attorney for Juhl. "I don't know if Tonya even knows Sheryl." The News said Samulski and Barbato could not be reached for comment. Questions or Comments? Contact Clint Van Nocker at clint@aboodlaw.com

Ex-Red Wing McCarty seeks safety from ex-pals

Pontiac — Darren McCarty has battled financial and substance abuse problems, but the retired Red Wings star and his new wife say in court papers that four ex-friends are harassing them after failing to draw McCarty back into a partying lifestyle. McCarty, 40, and his wife, Sheryl, 37, got personal protection orders last month against three Oakland County women and a Macomb County man for stalking and harassment, Oakland Circuit Court records show. The McCartys accuse the four of trying to get the couple fired from their jobs, threatening both through text messages and phone calls, posting malicious comments on McCarty's work and appearance websites, and threatening violence against them. Oakland Circuit Judge Mary Ellen Brennan granted the protection orders on May 22 against Tonya Juhl, 37, and Kimberley Mitchell, 38, both of Clawson; Anne Marie Samulski, 22, of Royal Oak; and Louis Barbato, 40, of Shelby Township. The orders, good for a year, bar Juhl, Mitchell, Samulski and Barbato from approaching, following or contacting the McCartys or going to their home or workplaces. McCarty works for the Detroit Red Wings Alumni Association, and worked in the past year for a Detroit pawn shop; his wife is a nurse at Beaumont Hospital. "All we want is to be left alone," McCarty said in an interview. "I ignored some of the things they were doing and was willing to let it go, until they started threatening my wife and me. Death threats. "They don't like me because I'm not running around with them anymore, and they don't like her because we got married and just want to get on with our lives." Sheryl McCarty described the four as "delusional, obsessed hockey fans." "We like all the real fans, but these people don't love Darren, they love No. 25," she said, citing her husband's number. "And when they no longer had him around, they got mad." Sheryl McCarty said she filed a complaint about harassing threats and emails with the Royal Oak police in late April, weeks after the couple married. "We get a lot of these types of complaints, but there really isn't enough to warrant criminal charges at this time," said Royal Oak Police Lt. Thomas Goad. "We have contacted the people, and it remains under investigation." Police recommended the McCartys seek the protection orders, Goad said. Violation could mean up to 93 days in jail. Mitchell denied the couple's claims but would not elaborate. "I can't say anything because of the personal protection order," she said. "What they say is totally false, and I have a lot more to say, but I don't want to go to jail." Jeffrey Lance Abood, an attorney for Juhl, said he is looking into the claims. According to court records, Juhl and Samulski are waitresses who dated McCarty — apparently unbeknownst to each other — off and on from December 2009 to March 2010. "We don't know what they are attempting to accomplish — there seems to be some vindictive ulterior motive to this because my client and another are former girlfriends of his," Abood said of the McCartys. "I don't know if Tonya even knows Sheryl." Samulski and Barbato could not be reached for comment. McCarty battles demons In his Wings career, Darren McCarty was known as a tough guy, part of the "Grind Line" with Kirk Maltby and Kris Draper. McCarty spent 13 seasons with Detroit, from 1993-2004 and 2007-09, and helped win four Stanley Cups. Fans still talk about how he pummeled Colorado Avalanche star Claude Lemieux during a brawl in March 1997. But behind the glory was a man battling demons. McCarty liked to party and went through alcohol rehab in the 1990s. He also ran up $185,000 in casino debts and filed for bankruptcy in 2005 to clear more than $6 million in debts. By then, he was divorced from his first wife. In a letter filed in Oakland Circuit Court, Sheryl McCarty said her husband underwent regular drug and alcohol testing while with the Wings and "basically rebelled" after retiring in 2009. "Darren started partying and surrounded himself with bad people due to the choices he was making. … Louis Barbato, Kimberly Mitchell, Tonya Juhl and Anne Marie Samulski are four of those people," she wrote. In her letter, Sheryl McCarty said after her husband cut off contact with them, Mitchell began calling and sending her emails threatening that they were "going to kill me" or "hit me so hard my neck would break." Sheryl McCarty also wrote that Barbato said Darren "needs to watch his back" and threatened to have people "throw a bomb through Darren's window." In their protection order request, the McCartys allege Samulski made phone calls to both of them threatening their lives. No incidents of violence were ever reported. But Sheryl McCarty said her husband's former associates were "slandering him everywhere," including on radio station websites. She said they showed up at an event where her husband appeared on behalf of Danielle Probert, wife of his deceased teammate Bob Probert, took photos of him signing books and posted it along with "slanderous and threatening things." At a DTE Mayhem Fest concert, Sheryl McCarty alleged that Juhl approached her husband with three men and yelled the guys were going to fight him. "When they realized who he was, they changed their minds and walked away," she said. "But because of this, we don't go to a lot of concerts we would like to see because we don't want to run into these people." Other charges The couple also allege the four: Stalked McCarty at Joe Louis Arena and personal appearances. Posted photos of his children on Facebook. Spread a rumor that McCarty was selling drugs out of his basement, prompting a radio announcer to contact then-Red Wings captain Nicklas Lidstrom. "Darren works with the Ilitch organization and Red Wing alumni, including making personal appearances, and they have all been wonderful — we can't say enough about how they have stuck by him and tried to help him," Sheryl McCarty said. "But at one point, he had to sit down with (general manager) Ken Holland and explain what was happening, the rumors these people were spreading and how he was clean." Sheryl McCarty, who describes herself as a "country girl from Clare," said she met her husband through a mutual friend at an Irish festival in March 2010. "I didn't know anything about hockey," she said. "I wondered who the big guy with the missing tooth was." Sheryl McCarty said he was "very honest with me about his lifestyle." "I told him I would never date him until he cleans up his life and gets all the bad people out of his life and makes better choices," she said. "It took him a few months, but he did." Sheryl McCarty said she keeps her husband on vitamins and protein shakes. She has two children, and he has four from prior relationships. "We have a real Brady Bunch going," she said. "My job is to keep him healthy and keep the crazies away." McCarty, meanwhile, said he enjoys being home rather than closing bars and is writing a book about his life on and off the ice. "I guess it's a price of celebrity," he said. Questions or Comments? Contact Clinton Charles Van Nocker at clint@aboodlaw.com

Abood Law Firm Represents Man, 31, Charged in New Year's Day Killing

A 31-year-old Grand Ledge man was arraigned Wednesday on a charge of involuntary manslaughter in connection with the death of Travis Peterson on New Year’s Day in Lansing.

A 31-year-old Grand Ledge man was arraigned Wednesday on a charge of involuntary manslaughter in connection with the death of Travis Peterson on New Year’s Day in Lansing.

Austin Smith, an employee of the downtown Lansing bar Brannigan Brothers at the time, was arraigned in 54A District Court on the charge. He faces up to 15 years in prison.

Smith has posted 10 percent of a $20,000 bond, court records show.

Another man also is charged with involuntary manslaughter in the case, but that man has not been arraigned, records show.

Prosecutors say both Smith and the second man committed an assault and battery on Peterson, 30, in downtown Lansing.

Peterson, of Lansing, died from injuries suffered during the incident, which happened in the early morning hours of Jan. 1, after Peterson and a cousin were asked to leave Brannigan Brothers because of an argument, family members have said. Peterson never emerged from a coma and died Jan. 3.

A preliminary hearing, which determines if Smith will stand trial, is set for April 20. His attorney, Andrew Abood, said Wednesday evening without discussing specific facts that all circumstances in the incident will need to be placed into context. “We’re reviewing the evidence,” Abood said. “We believe that ultimately that he’s going to be vindicated.”

A Brannigan Brothers manager Wednesday could not be reached for comment.

Ingham County Prosecutor Stuart Dunnings III said a “unique set of facts” in the case led to the length of time it took to file charges.

“Often, the more witnesses you have, the more complicated things become — in particular, at 1:30 a.m. on New Year’s,” Dunnings said. He also said his office didn’t receive toxicology reports until a few weeks ago.

Dunnings would not get into specifics about what he believes happened.

Questions or Comments? Contact Clint Van Nocker at clint@aboodlaw.com

Former Fab Five star Jimmy King’s child support case dismissed as payments made

The Oakland County child support case against former University of Michigan “Fab Five” star Jimmy King was dismissed Friday when he paid more than $17,000 in back support.

King, 38, was arrested last August on accusations that he failed to pay more than $17,000 in child support for his 17-year-old son, Jalen King, who currently lives in Kansas. The felony charges could have involved a four-year maximum sentence.

Appearing in Circuit Court before Judge Rudy Nichols, King, who lives in Oakland County, paid $17,248.45 at his pretrial, said his attorney, Jeffrey Abood.

In October Abood noted that King had paid more than $3,000 in back child support — and had paid more than $60,000 to date, Abood said.

Abood said King is the athletic director for H.Y.P.E. Athletics, a non-profit organization which will allow King to work with children.

“Jimmy King is grateful that he is able to provide for his family,” said Abood. “He has always loved and taken care of his family. Unfortunately, he was greatly impacted by the economic downturn.”

Questions or Comments? Contact Clinton Charles Van Nocker at clint@aboodlaw.com

Michigan family fights to find truth in Grosse Pointe Woods mother's death

Follow this link to view the story.


http://www.clickondetroit.com/news/Michigan-family-fights-to-find-truth-in-Grosse-Pointe-Woods-mother-s-death/-/1719418/7917204/-/8iu3kt/-/

GROSSE POINTE FARMS, Mich. - Two years ago on this day, Joann Matouk Romain was last seen by her family.

The 55-year-old Grosse Pointe Woods woman's body later was found in the Detroit River. Grosse Pointe police ruled her death a suicide.

Now, family members believe that they have new information which will reopen the case.

"It's difficult but, you know, this keeps us going. Justice will be served at some point in time," said Romain's daughter, Michelle Romain.

New witnesses have come forward with information that could prompt police to reopen an investigation into the cause of Romain's death.

"The police indicated and made the public believe that it was a suicide when, as you can see now, it clearly was not," said Michelle Romain.

She was last spotted along the Detroit River in Grosse Pointe Farms. It was after an investigation that police ruled she committed suicide.

But her family, lead by Michelle Romain, was never convinced this was the way Joann died. Michelle Romain hired an attorney to sue both Grosse Pointe Woods and Grosse Pointe Farms police.

Since the lawsuits, Michelle Romain said several witnesses have come forward claiming they saw Joann along the Detroit River on the night of her disappearance and that she looked like she was a victim.

"(A witness) saw Ms. Romain's car parked on this side of the road with two other vehicles, one in front of it and one behind it. One of the gentlemen signaled, indicating as if he had a gun in his pocket and told them to keep moving along," said family attorney Jeffrey Lance Abood.

Michelle Romain said her mother told her she believed she was being followed in the weeks leading up to her death, but she didn't go into detail about who was following her.

The family's lawsuit with police is still pending.

Questions or Comments? Contact Clinton Charles Van Nocker at clint@aboodlaw.com