Jerome Frandle Motion to Dismiss Fails - Transcripts

State of Michigan in the 73B District Court for the county of Huron

People of the state of Michigan versus Jerome George Frandle defendant

File No. 11-1955-SM

Motion To Dismiss Hearing

Before the Honorable David B Herrington , District Judge
Bad Axe, Michigan - Friday , February 10th, 2012

Appearances

for the people: Suzanne Krohn (P70560)
Chief Assistant Prosecuting Attorney
Huron County Building , Rm 103
250 E. Huron AVE
Bad Axe, Michigan 48413
(989) 269-9255

For the defendant: Timothy M Lessing (P54394)
Freedman, Lessing, Kutinsky & Freedman, P.C.
24460 Telegraph Road
Southfield, Michigan 48033
(248) 353 - 3600

Table of Contents

Witness: People

Direct Examination by Ms. Krohn, page 23
Cross-Examination by Mr. Lessing, page 34
Examination by the Court, page 48
Recross examination by Mr. Lessing, page 51

Witness Defendant: NONE
Exhibits: NONE

Bad Axe, Michigan
Friday, February 10th, 2012 3:09 PM

THE COURT: People of the State of Michigan versus Jerome George Frandle, 1-1-1-9-5-5-S-M. Mr Frandle is here with his lawyer Mr Lessing. The people are represented by assistant prosecuting attorney Suzanne Krohn. The matter is before the Court on the People's Motion to Use Similar Acts Evidence and the Defendant's Motion to Dismiss. Ms Krohn, are the people prepared to proceed?

Ms KROHN: Yes, your honor

The COURT: Mr Lessing, are you prepared to go forward at this point?

Mr LESSING: We are, your Honor. Due to the unexpected arrival of Mr. Kutinsky's child, we were not - - I was not aware of of the motion for similar acts until last night when I opened the file. It had been put into the file. And we have not filed a response. I would suggest, if the Court is so inclined that maybe we could handle my motion first. I can certainly try to address the motion and if it seems like it's something we need more input from me, I'd be happy to brief it at another time. I don't -- I wanna economize as much as we can on everyone's time.

THE COURT: Very well. Ms Krohn , any objection to adjourning the People's motion to another point in time based on Mr Lessing's presentation?

Ms Krohn: No, your honor

THE COURT: We'll address scheduling at the conclusion of this hearing. That being said, Mr Lessing, it's the defendant's motion. You have the obligation of going forward. The People have the burden to carry in this case. So you may proceed.

Mr LESSING: Thank you your Honor. As your Honor, is no doubt aware, today is the date and time set for our motion to dismiss the charges against Mr Frandle based upon lack of any evidence establishing that he qualifies under the statue specifically 722.622 with respect to having the status as a required reporter under the statute.

Obviously the court has reviewed this in advance. There is a dispute as to what status, if any, Mr Frandle holds with respect to this organization. I think that the response by the People is probably the most telling as to the true nature of the allegations against him and the substance thereof. Other than some conclusory --or conclusory allegations that he, in fact, is a similar functionary in this alleged organization and that therefore qualifies him under the statute, they have really provided no evidence whatsoever despite it being their burden to do so today.

They supply a number of attachments to their response to the motion, which are -- at least the bulk of them are rank hearsay at best. They are internet copies of obituary notices relative to a number of individuals that indicate that they are presiding or doing something. Those are not admissible for the purposes of this hearing. They are hearsay.

The real meat of the issue is the fact that the individuals who are of this faith --

THE COURT: What is the faith, Mr Lessing?

Mr LESSING: You raise a really important point there. There is not specific denomination at all ah these individuals subscribe to. They believe in Jesus Christ. They believe in what the Bible says. There is no denomination. There is no name for these -- for the group of people that believe in this form of worship. There is no unified structure. There is no unified chain of command. There, in fact, is nothing. That is why the prosecution cited nothing. They want to show that they had some level of authority or some level of supervisory ability in this "organization" but they can't even identify the name of the organization that he somehow has authority for.

This organization or these individuals, they're not...

Pictures of transcripts below. To continue reading, see next pages at Transcripts p6-10






Jerome Frandle - Home

Letter to Friends

Letter to MI Workers

Is Jerome F a minister?

Register

Warrant for Arrest

Pretrial Summary

Motion to Dismiss

Motion - Transcripts p1-5

Motion - Transcripts p6-10

Motion - Transcripts p11-15

Motion - Transcripts p16-20

Motion - Transcripts p21-25

Motion - Transcripts p26-30

Motion - Transcripts p31-35

Motion - Transcripts p36-40

Motion - Transcripts p41-45

Motion - Transcripts p46-50

Motion - Transcripts p51-55

Motion - Transcripts p56-61

Second Warrant for Arrest

Transcripts 2nd Warrant

Demands Trial by Jury

Trial Notice

Allegations

Objections p1-4

Objections p5-8

Missing Statement

Response to Objections

Notice of Sentencing

Sentencing Jerome Frandle

Sentencing p1-5

Sentencing 6-10

Sentencing Transcripts 3

Sentencing Transcripts 4

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