Letters 10-24-2016

It’s Obama’s 1984 Several editions ago I concluded a short letter to the editor with an ominous rhetorical flourish: “Welcome to George Orwell’s 1984 and the grand opening of the Federal Department of Truth!” At the time I am sure most of the readers laughed off my comments as right-wing hyperbole. Shame on you for doubting me...

Gun Bans Don’t Work It is said that mass violence only happens in the USA. A lone gunman in a rubber boat, drifted ashore at a popular resort in Tunisia and randomly shot and killed 38 mostly British and Irish tourists. Tunisian gun laws, which are among the most restrictive in the world, didn’t stop this mass slaughter. And in January 2015, two armed men killed 11 and wounded 11 others in an attack on the French satirical magazine Charlie Hebdo. French gun laws didn’t stop these assassins...

Scripps’ Good Deed No good deed shall go unpunished! When Dan Scripps was the 101st District State Representative, he introduced legislation to prevent corporations from contaminating (e.g. fracking) or depleting (e.g. Nestle) Michigan’s water table for corporate profit. There are no property lines in the water table, and many of us depend on private wells for abundant, safe, clean water. In the subsequent election, Dan’s opponents ran a negative campaign almost solely on the misrepresentation that Dan’s good deed was a government takeover of your private water well...

Political Definitions As the time to vote draws near it’s a good time to check into what you stand for. According to Dictionary.com the meanings for liberal and conservative are as follows:

Liberal: Favorable to progress or reform as in political or religious affairs.

Conservative: Disposed to preserve existing conditions, institutions, etc., or to restore traditions and limit change...

Voting Takes A Month? Hurricane Matthew hit the Florida coast Oct. 6, over three weeks before Election Day. Bob Ross (Oct. 17th issue) posits that perhaps evacuation orders from Governor Scott may have had political motivations to diminish turnout and seems to praise Hillary Clinton’s call for Gov. Scott to extend Florida’s voter registration deadline due to evacuations...

Clinton Foundation Facts Does the Clinton Foundation really spend a mere 10 percent (per Mike Pence) or 20 percent (per Reince Priebus) of its money on charity? Not true. Charity Watch gives it an A rating (the same as it gives the NRA Foundation) and says it spends 88 percent on charitable causes, and 12 percent on overhead. Here is the source of the misunderstanding: The Foundation does give only a small percentage of its money to charitable organizations, but it spends far more money directly running a number of programs...

America Needs Change Trump supports our constitution, will appoint judges that will keep our freedoms safe. He supports the partial-birth ban; Hillary voted against it. Regardless of how you feel about Trump, critical issues are at stake. Trump will increase national security, monitor refugee admissions, endorse our vital military forces while fighting ISIS. Vice-presidential candidate Mike Pence will be an intelligent asset for the country. Hillary wants open borders, increased government regulation, and more demilitarization at a time when we need strong military defenses...

My Process For No I will be voting “no” on Prop 3 because I am supportive of the process that is in place to review and approve developments. I was on the Traverse City Planning Commission in the 1990s and gained an appreciation for all of the work that goes into a review. The staff reviews the project and makes a recommendation. The developer then makes a presentation, and fellow commissioners and the public can ask questions and make comments. By the end of the process, I knew how to vote for a project, up or down. This process then repeats itself at the City Commission...

Regarding Your Postcard If you received a “Vote No” postcard from StandUp TC, don’t believe their lies. Prop 3 is not illegal. It won’t cost city taxpayers thousands of dollars in legal bills or special elections. Prop 3 is about protecting our downtown -- not Munson, NMC or the Commons -- from a future of ugly skyscrapers that will diminish the very character of our downtown...

Vote Yes It has been suggested that a recall or re-election of current city staff and Traverse City Commission would work better than Prop 3. I disagree. A recall campaign is the most divisive, costly type of election possible. Prop 3, when passed, will allow all city residents an opportunity to vote on any proposed development over 60 feet tall at no cost to the taxpayer...

Yes Vote Explained A “yes” vote on Prop 3 will give Traverse City the right to vote on developments over 60 feet high. It doesn’t require votes on every future building, as incorrectly stated by a previous letter writer. If referendums are held during general elections, taxpayers pay nothing...

Beware Trump When the country you love have have served for 33 years is threatened, you have an obligation and a duty to speak out. Now is the time for all Americans to speak out against a possible Donald Trump presidency. During the past year Trump has been exposed as a pathological liar, a demagogue and a person who is totally unfit to assume the presidency of our already great country...

Picture Worth 1,000 Words Nobody disagrees with the need for affordable housing or that a certain level of density is dollar smart for TC. The issue is the proposed solution. If you haven’t already seen the architect’s rendition for the site, please Google “Pine Street Development Traverse City”...

Living Wage, Not Tall Buildings Our community deserves better than the StandUp TC “vote no” arguments. They are not truthful. Their yard signs say: “More Housing. Less Red Tape. Vote like you want your kids to live here.” The truth: More housing, but for whom? At what price..

Home · Articles · News · Features · Wrong ID in Attempted...
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Wrong ID in Attempted Abduction

Phone records clear a man accused of abduction

Patrick Sullivan - December 17th, 2012  

A man who faced five years in prison for an attempted abduction walked free after his cell phone placed him miles from a crime scene.

Charges of attempted unlawful imprisonment and assault were dismissed by Grand Traverse County prosecutors in a case that hinged on an apparently erroneous identification from a photo lineup by a victim.

That photo lineup ID had been central in the case against David Michael Walter, a 42-year-old from Kingsley who had all along maintained he was innocent.

The case stemmed from an incident on the afternoon of Sept. 16 in Garfield Township when a 44-year-old woman walked her dog on the TART Boardman Lake Trail near Art Van and someone tried to pull her into the woods.

What happened, as described by police, sounds terrifying: a man approached the woman from behind, pulled her into a bear hug, picked her up, and started to drag her off the trail.

The woman kicked and struggled and freed herself, but the suspect grabbed her leg before she could get away. The woman kicked some more, flailed her arms, and was able to separate herself from her attacker and flee.


The woman gave sheriff’s deputies a description of her attacker -- he was a white or Native American man in his late 20s or early 30s with a medium build and long black hair pulled into a pony tail.

A day after the attack the victim was shown a photo array of six men who loosely met the description.

She couldn’t make an ID, according to court documents. She was shown another photo lineup two days later, and again, she recognized no one.

In the meantime, the woman helped a state police artist draw a composite sketch of the suspect.

A Grand Traverse County Sheriff’s detective showed the drawing to people around Traverse City and many said the drawing looked like Walter, according to an account in a brief written by Walter’s attorney, David Clark.

The detective tracked down Walter at a soup kitchen and photographed him with his ponytail hanging over his shoulder.

That photo, along with photos of two other men whose names had also come to police after the composite drawing was released to the media, were included in a third photo array shown to the woman.

When the victim saw the photo of Walter -- which is different than the booking photo that’s been released to the media -- she made an immediate ID. She broke down crying and repeatedly said, “It was him,” according to a brief filed by prosecutor Alan Schneider.


It appears now, that identification could have been wrong.

Just days after defending the photo lineup ID through motions and at a court hearing, Schneider filed a motion to dismiss the charges.

Prosecutor Robert Cooney, who takes over for Schneider as of Jan. 1, said phone records showed Walter’s cell phone was being used around Kingsley near the time of the attack.

“We felt it was likely that it was a good defense and for that reason, we dismissed the charges,” Cooney said. The charges were dismissed without prejudice, meaning they can be brought again.

Cooney said investigators are still checking out Walter’s alibi to make sure it was him using the phone.

Walter’s attorney had earlier in the case filed a motion that argued the photo lineup process led to a misidentification and the ID should have been thrown out.

Clark wrote that when the victim saw an old booking photo of Walter printed in a newspaper next to the composite drawing of the suspect, she had second thoughts about her identification.

He argued the lineup ID process is open to suggestion.

Prosecutors argued police used safeguards to prevent against a false positive ID.

Clark’s motion to have the evidence thrown out was rejected by Circuit Court Judge Thomas Power in late November.


Walter maintained his innocence throughout and apparently Clark believed him. Clark did not return a message seeking comment.

Clark said in a letter to Schneider about the cell phone records, “Walter is adamant he didn’t do it.”

Early in the case, Clark filed a motion seeking Walter be allowed to take a polygraph, though it’s unclear how that could have helped him if his case had gone to trial and the victim pointed her finger at him.

So it is lucky for Walter, a man described in court records as indigent and disabled, that he had a cell phone and apparently used it around the time that he was miles away from the attack.

It is not uncommon for witness identification to be wrong. Mistaken testimony from eyewitnesses was a factor in 72% of post-conviction DNA exoneration cases nationwide, according to the Innocence Project.

The Boardman Trail investigation continues, however, and police have apparently not ruled out Walter as a suspect.

“They don’t have any other suspects and they’re still putting a case together,” Grand Traverse Sheriff’s Lt. Christopher Clark said.

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