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Oakland County prosecutor says Novi judge violated law, fabricated records
6:23 PM, Dec 4, 2013
8:59 PM, Dec 4, 2013
PONTIAC (WXYZ) - In a blistering complaint, Oakland County Prosecutor Jessica Cooper says her office has found seven cases where Novi Judge Brian Mackenzie improperly dismissed misdemeanor charges where plaintiffs had already pled guilty or no contest, then tried to conceal the cases from public view.
In one case, a man pled guilty to reckless driving and assault and battery after being charged with driving his car at two individuals, and then using a gay slur. But later on, the complaint says, Mackenzie dismissed the conviction without a prosecutor even present, using the Spousal Abuse Prevention Act to place the man on probation, even though neither of the victims were his spouse.
In another case, a man was convicted of domestic violence, second offense after pleading no contest. He was accused of punching his girlfriend in the back of the head and tearing out several of her hair extensions.
According to the prosecutor, Mackenzie again used the Spousal Abuse Prevention Act to defer the man's sentence, ultimately sending him to sobriety court instead, and then saying this: "...the prosecution has agreed to dismiss the charges. This case is dismissed. That's one of the gifts that I have for you."
The prosecutor says her office never agreed to dismiss the case.
Cooper's office says that Mackenzie tried to hide many of these cases from her office and the public by declaring them as "non-public," meaning the files can't be reviewed.
Reached by phone today, Mackenzie referred us to his lawyer who had no comment. Prosecutor Cooper declined an on-camera interview, only saying this by phone: "I'm a former member of the judiciary and I don't do this lightly."