(WXYZ) - The 7 Investigators continue to dig into the Sanilac County case that has everybody wondering: How did a judge grant joint legal custody and parenting time to a twice-convicted rapist who is the father in the case?
Attorney Barbara Yokey represents Christopher Mirasolo.
She says that this was not a rape but a consensual relationship that had gone on for a few months.
But the girl, Tiffany, was 12-years-old and her client was 18.
The attorney agrees, clearly by Michigan law, this is statutory rape.
Yokey would not talk on camera.
The attorney for Tiffany says she expects a lot from the judge in court next week up in Sanilac County.
“He wants his opportunity to be heard. He wants his day in court,” says Attorney Rebecca Kiessling.
She’s referring to Sanilac County Judge Gregory Ross, who signed the consent order granting joint legal custody, parenting time and child support to the convicted rapist, Christopher Mirasolo.
Tiffany - we’re using only her first name - gave birth to their son in June of 2009.
Judge Ross was not informed who they all were and the attorney for the mother and the state supreme court, blame the local prosecutor.
“I do think he was blindsided. And this is his opportunity to be able to really chastise what the Prosecutor did,” said Kiessling.
The Sanilac County Prosecutor is James Young. So far this week he has only issued a press release saying his office is reviewing procedures.
But the attorney for the mother hits Young even harder, than the prosecutor she says botched the original case of rape of Tiffany in 2008.
That attorney says it happened in an abandoned house outside of Brown City, that Tiffany was held along with another girl against their will.
“He kept them there for 2 days, no food, no water,” says Kiessling. “Then when she was pregnant a month later, they arrested for attempted First Degree Criminal Sexual Conduct. How is that attempted when she’s pregnant? I don’t know if the prosecutors were hoping that she would have an abortion.”
The attorney says the biggest shocker, authorities pleaded down the case because they too, took the position that this was consensual sex.
However, in Michigan the age of consent is 16.
Mirasolo served 6 ½ months in the county jail and later was convicted of a second rape and did prison time.
The attorney for Tiffany also says an assistant prosecutor tried to explain their work this way.
“Eric Scott when I met with him last week, he tried to say they didn’t know she was pregnant. Which is an outright lie,” Kiessling said.
We tried again for a 3rd day in a row to talk with the prosecutor. He has not called us back.
All of this will be sorted out next Tuesday afternoon in the courtroom in Sanilac County.