MI- Oakland prosecutor sues state over list of felons planned for release

6-25-2009 Michigan:

Pontiac -- The Oakland County Prosecutor's Office is suing the Michigan Department of Corrections (MDOC) for a list of state felons scheduled for potential early release this October.

The 27-page lawsuit, filed Wednesday in Oakland Circuit Court, said the prosecutor's office has been rebuffed several times -- both informally and pursuant to the Michigan Freedom of Information Act -- by the MDOC when it asked for a list of inmates to be interviewed in 2009 by the Parole and Commutation Board for potential early release.

In an MDOC program described as "Rightsizing Prisons," between 3,000 and 5,000 prisoners would be released by October as part of a cost-savings measure. Oakland County Prosecutor Jessica Cooper described the plan as "cost shifting" in a press release.

"While many individuals may be safely released after serving their minimum sentence, some are too dangerous to be released early," said Cooper. "When an inmate is released who has a high probability of re-offending, MDOC may be saving money out of its budget. However, the community in which the inmate has been released that bears the true costs. There are incalculable costs to a victim, the costs of a police investigation, the costs of another prosecution, the costs associated with the use of the court to obtain a new conviction."


Cooper and prosecutors Kym Worthy of Wayne County and Eric Smith of Macomb County have met with MDOC officials about concerns and their respective need to see a list of those who might be released. Oakland County is appealing the parole of Charles Raymond Feuquay, who was convicted on a no contest plea in February 1997 of two counts of first-degree criminal sexual conduct. Feuquay, who assaulted, bound, terrorized and sexually abused his wife, according to the complaint, was sentenced to 15 to 30 years in prison in 1997 but is now eligible for early parole on his 15-year minimum sentence. He was granted parole on June 8.

Cooper said, "It is unfortunate that this office must resort to formal litigation to obtain this information but my duty is to protect the public."

The lawsuit has been assigned to Oakland Circuit Court Judge Nanci J. Grant. ..Source.. by Mike Martindale / The Detroit News