Posted on 04/23/2004 11:39:27 AM PDT by Dan from Michigan
Marlinga Indicted
Macomb prosecutor accused of trading favors for donations; feds charge state Sen. Barcia with campaign violations
By Tony Manolatos and David Shepardson / The Detroit News
Macomb County Prosecutor Carl Marlinga was indicted Thursday on charges that he traded legal favors for campaign contributions.
State Sen. James Barcia, D-Bay City, and Warren Realtor Ralph Roberts also were named in the federal indictment that rattles the Democratic Party and suggests justice was for sale in Michigans third-largest county.
This case represents part of our efforts to uphold the publics trust in their elected officials, said U.S Attorney Jeffrey G. Collins.
Declaring his innocence, Marlinga called the governments case developed in a wide-ranging, 18-month investigation flimsy and said he wont resign; Barcia, a former congressman, faces no immediate sanctions in the Legislature.
The nine felony charges against Marlinga, 57, include fraud and conspiracy. Federal prosecutors say Marlinga agreed to help two men convicted of rape in exchange for $34,000 in contributions to his campaign for Congress in 2002. They claim the contributions included $20,000 from one of the rape defendants, who secretly donated the money by placing it in other names including those of two of his attorneys.
The charges carry a maximum penalty of 20 years in prison. Under federal sentencing guidelines, however, Marlinga likely faces eight to 10 years if convicted of all the charges against him.
A former assistant U.S. attorney, Marlinga has been Macomb Countys prosecutor and a Democratic Party leader since 1985. He said Monday he will not seek re-election.
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How the cases unfolded
FBI agents began investigating Marlinga in 2001, looking at two rape cases:
Moldowan case
June 1991: Jeffrey Moldowan of Warren found guilty of raping his ex-girlfriend.
2000: Warren Realtor Ralph Roberts tells Marlinga that Moldowan, brother of one of his agents, may be innocent.
March 2001: Marlinga agrees to review bite mark evidence used to convict Moldowan.
October 2001: Marlinga begins race for Congress.
December 2001: Marlinga asks Roberts to contribute the maximum to his campaign: $2,000. Roberts complies.
January 2002: Marlinga files brief with state Supreme Court calling bite mark evidence "completely erroneous." He says evidence still indicates Moldowan is guilty.
May 2002: Supreme Court, citing the brief, orders a new trial.
February 2003: Jury finds Moldowan not guilty.
Hulet case
September 2001: James Hulet of St. Clair Shores is charged with raping a teen-age girl.
December 2001: Attorney Dennis Johnston, who is defending Hulet and later Moldowan, contributes $8,000 to Marlinga's campaign from himself and family members.
January 2002: Johnston contributes $10,000 on Marlinga's behalf to state Democratic Party, and they meet four times over 10 months to discuss a plea deal.
June 2002: At Marlinga's request, Barcia contributes $4,000 to Marlinga's campaign. Also at Marlinga's request, Johnston and his family donate $3,000 to Barcia's state Senate campaign.
November 2002: Marlinga removes himself from case after the FBI seizes documents.
January 2003: Hulet pleads guilty to lesser charge and gets minimum of two years in prison.
Sources: Campaign records, Marlinga documents and Detroit News research
What's next
* As early as next week, Macomb Prosecutor Carl Marlinga, state Sen. James Barcia and Realtor Ralph Roberts will be arraigned in federal court, asked to enter pleas and released on bond.
* U.S. District Judge Victoria A. Roberts will hold a status conference -- typically within 14 days of arraignment -- to review the case and set dates. The government will give much of the evidence against the three defendants to their lawyers.
* A trial date will be set no earlier than late July, but delays are common.
(Excerpt) Read more at detnews.com ...
Marlinga was Macomb County's(Population 800,000+) prosecutor and one of the major democrats in the state. He ran against Candice Miller in 2002 and lost badly against the top GOP candidate in the state in a GOP leaning district. Always struck me as a weasel.
Never trust ANY politician.
I dunno. mayor "the Bitch set me up" Barry was re-elected in a landslide after his cocaine conviction ...
Wonder why not? Democrats would elect him in a landslide.
Unfortunatly, I lost a lot of respect for Marlinga when he opposed the statewide CPL law and used the anti-talking points along with Chief Dwyer of Farmington Hills(who Ironicly is changing his stance some) during a debate that was on WWJ when this passed.
I think his 'support' of shall issue was only because it was Macomb County, which has a strong liberty and populist streak.
I have to wonder if the reason for that was a possible Attorney General race in the works for him planned at the time.
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