Letters 11-23-2015

Cheering From Petoskey While red-eyed rats boil fanatically up from the ancient sewers of Paris to feast on pools of French blood, at the G20 meeting the farcical pied piper of 1600 Pennsylvania Avenue thrusts a bony finger at the president of the Russian Federation and yells: “liberté, égalité, fraternité, Clinton, Kerry--Obamaism!”

The Other Mothers And Fathers Regarding the very nice recent article on “The First Lady of Yoga,” I have taken many classes with Sandy Carden, and I consider her to be a great teacher. However, I feel the article is remiss to not even give acknowledgement to other very important yoga influences in northern Michigan...

Drop The Blue Angels The last time I went to the National Cherry Festival, I picked the wrong day. The Blue Angels were forcing everyone to duck and cover from the earsplitting cacophony overhead...

Real Advice For The Sick In the Nov. 16 article “Flu Fighters,” author Kristi Kates fails to mention the most basic tool in our arsenal during Influenza season... the flu vaccine! I understand you might be afraid of being the victim of Jenny McCarthyism, but the science is there...

Keeping Traverse City in the Dark Our environment is our greatest asset. It sustains our lives; it drives our economy. We ignore it at our peril. Northern Michigan Environmental Action Council (NMEAC) has submitted letters of concern to both the city commission and planning commission regarding the proposed 9-story buildings on Pine Street. We have requested an independent environmental assessment with clear answers before a land use permit is granted...

All About Them Another cartoon by Jen Sorensen that brings out the truth! Most of her cartoons are too slanted in a Socialist manner, but when she gets it correct, she hits the nail on the target! “Arizona is the first state to put a 12-month lifetime limit on welfare benefits.” That quote is in the opening panel... 

Unfair To County Employees It appears that the commissioners of Grand Traverse County will seek to remedy a shortfall in the 2016 budget by instituting cuts in expenditures, the most notable the reduction of contributions to various insurance benefits in place for county employees. As one example, the county’s contributions to health insurance premiums will decrease from ten to six percent in 2016. What this means, of course, is that if a county employee wishes to maintain coverage at the current level next year, the employee will have to come up with the difference...

Up, Not Out I would like to congratulate the Traverse City Planning Commission on their decision to approve the River West development. Traverse City will either grow up or grow out. For countless reasons, up is better than out. Or do we enjoy such things as traffic congestion and replacing wooded hillsides with hideous spectacles like the one behind Tom’s West Bay. At least that one is on the edge of town as opposed to in the formerly beautiful rolling meadows of Acme Township...

Lessons In Winning War I am saddened to hear the response of so many of legislators tasked with keeping our country safe. I listen and wonder if they know what “winning” this kind of conflict requires or even means? Did we win in Korea? Did we win in Vietnam? Are we winning in Afghanistan? How is Israel winning against the Palestinians? Will they “take out” Hezbollah...

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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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