Attorney charged with sexual assault is being investigated for 'other crimes'
Nader Nassif
Courtesy of WCSO
More details emerged in court Tuesday concerning Nader Nassif, the former Ann Arbor Downtown Development Authority board member and 15th District Court defense attorney charged with sexual assault.
Attorneys alluded that Nassif is still being investigated and that drugs were seized during the execution of three warrants on July 31, Aug. 1 and Aug. 2.
One of Nasiff's lawyers, Jill Schinske, was arguing against the prosecution using information obtained from her client's cellphone and computer and said the prosecutors were going through the communications while investigating "other crimes."
Shinske also referred to drugs that were seized at the time the warrants were executed.
Ann Arbor police did not want to comment on any further charges.
Shinske and Nassif's other attorney, Joe Simon, argued that because there was correspondence between Nassif and clients on his phone and computer, prosecutors would be violating the attorney-client privilege.
The law firm where Nassif is a partner, Model Cities Legal Services, is contracted to provide representation to indigent clients in Ann Arbor's 15th District Court. Nassif is no longer being appointed to cases, officials told AnnArbor.com last week.
Schinske and J. Cedric Simpson, the district court judge in the case, locked horns on what argument the defense was trying to make, whether or not the search warrants were "over broad" and "defective," the way the defense put it in a motion, or if the evidence itself — the emails and text messages — violated the attorney-client privilege.
"Do not play games with me," Simpson said at one point. "I'm not going to get into the wordsmithing with you."
Washtenaw County Chief Assistant Prosecutor Steven Hiller pointed out that the search warrants were properly issued by a magistrate.
Simpson eventually ruled that the defense needed to clarify this point for the next hearing, set for Sept. 5. At that time, the judge could rule if the evidence obtained from the search warrants is admissible for the preliminary examination.
Another issue argued at Tuesday's hearing is also related to Nassif's standing in the local legal community. Simon said that there might be a conflict of interest for the Washtenaw County Prosecutor's Office — and specifically Assistant Prosecutor J. Samuel Holtz, who has been assigned to the case.
Simon said there is a conflict with the prosecutor's office because there are still active cases Nassif was once assigned to that the prosector's office is prosecuting. He also said that there is a " social, personal relationship between the accused and the prosecutor."
Simon has yet to file an official motion on the matter, but it could be raised again at the Sept. 5 hearing.
Hiller protested the claim.
"We have prosecuted other attorneys from this community," Hiller said. "There is no reason for our office to be disqualified from this case."
Getting all the information in a timely manner to all parties involved was another issue Tuesday and Simpson ordered that all motions needed to be filed by noon Aug. 26. Responses to the motion need to be filed by midnight Aug. 30. Simpson said he could rule on any motions Sept. 6, a day after hearing the oral arguments.
Nassif is facing a third-degree criminal sexual conduct count. The charge indicates the alleged victim in the case was incapacitated and sexual penetration took place, according to the complaint. Nassif knew or had “reason to know that the victim was mentally incapacitated and/or physically helpless,” according to the complaint.
The alleged incident took place July 31 in his apartment in the 200 block of South Fourth Avenue. Nassif resigned from the DDA this month.
John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.
Comments
Nicholas Urfe
Wed, Aug 21, 2013 : 7:02 p.m.
Doesn't leaving this case in the a2 courts create grounds for an appeal of any subsequent verdict? I imagine that even if the case is eventually moved, these early decisions about evidence still could provide the basis for an appeal. Could the ability to use key evidence be forever compromised by the early involvement by figures who know the defendant personally?
lindor
Thu, Aug 22, 2013 : 2:03 p.m.
It shouldn't. If a judge or prosecutor's office recused himself every time they had any type of relationship with someone, regardless of how minimal, there would be a lot of cases moved.
matt1027
Wed, Aug 21, 2013 : 6:38 p.m.
I wish we had more information. "Incapacitated" sometimes means drugged against their will, which is horrible and should be punished with significant jail time. On the flip side this has been used to charge men when both the man and woman are very drunk, and the woman has regrets the next day. These are two very different situations.
matt1027
Thu, Aug 22, 2013 : 4:22 a.m.
@ypsicat. Thx, then lock him up...I fear his connections with the slime in the judicial system are gonna get him off light.
ypsicat
Thu, Aug 22, 2013 : 2:03 a.m.
Please note that the arrest took place on the same day as the alleged incident. Doesn't sound much like a woman with regrets. Also, the legal definition of mentally incapacitated is that the incapacitation is involuntary, as has been explained in a previous post by an attorney contributor.
M-Wolverine
Wed, Aug 21, 2013 : 5:11 p.m.
I'm noticing all the "you don't know this man and if you did you'd know he could never do this" posts are in short supply in this thread...
theTruth
Wed, Aug 21, 2013 : 4:07 p.m.
At 15th District Court, birds of a feather flock together.
Nicholas Urfe
Wed, Aug 21, 2013 : 1:05 p.m.
This case needs to be moved out of the ann arbor courts and away from the connected cabal.
Colorado Sun
Wed, Aug 21, 2013 : 10:19 p.m.
You hit the nail right on the head. Remember when Washtenaw County Circuit Court Deputy Administrator Kimberly Elmer was charged with embezzlement arising out of her alleged ATM withdrawals from the juror fee fund she administered? No press coverage after the arraignment and the furor died down. I asked a circuit court clerk a few weeks ago about the criminal charge and she said she remebered the case but cannot recall hearing anything how it was resolved.
Nicholas Urfe
Wed, Aug 21, 2013 : 1:03 p.m.
Drugs they say? How did this man become a lawyer and get appointed to the powerful DDA by only 28 years of age? He seems awfully well connected.
deadpidgeon
Wed, Aug 21, 2013 : 12:48 p.m.
Nassif should not be allowed to practice law, not based on any criminal record, but based on his gross incompetence as an attorney. I retained him for a short time, but had to fire him because he did NOTHING for me...like simply returning phone calls. I also witnessed two separate occasions when Nassif's clients were called in court and he failed to show up. The guy is worthless as a lawyer.
tim
Wed, Aug 21, 2013 : 10:50 a.m.
Just out of curiosity - was one of the drugs seized Rohypnol or something similar?
tim
Wed, Aug 21, 2013 : 10:51 a.m.
Because it sure sounds like they're looking for other victims.
Alan Goldsmith
Wed, Aug 21, 2013 : 9:50 a.m.
"The law firm where Nassif is a partner, Model Cities Legal Services, is contracted to provide representation to indigent clients in Ann Arbor's 15th District Court. Nassif is no longer being appointed to cases, officials told AnnArbor.com last week." Does the investigation include the no bid contract process and how this political insider got his contract from the City of Ann Arbor? Just asking.
PineyWoodsGuy
Wed, Aug 21, 2013 : 8:09 a.m.
I have ruminated on this and conclude that Nader will be O.K. and will weather the storm. Cut the dude some slack, O.K.?
hmsp
Wed, Aug 21, 2013 : 4:21 a.m.
@ The Eyes of Justice Team: Ditto! If there's one thing I hate, it's "cronnies."
matt1027
Wed, Aug 21, 2013 : 2:13 a.m.
Typical dirty business that the powers that be bust the citizenry's balls over, but they're all just as bad (or allegedly worse).
The Eyes of Justice Team
Wed, Aug 21, 2013 : 1:32 a.m.
Another one of the mayor cronnies bites the dust....
halflight
Wed, Aug 21, 2013 : 1:24 a.m.
Kyle reported the lengthy off-the-record discussions on Aug. 15, and John's article explains alot of that. If the police are searching Nassif's mobile phone, it's probable that they are accessing voice and text messages from clients. Those messages are clearly covered by attorney-client privilege. The Court has to find a way to protect Nassif's clients, while permitting the police to access relevant, non-privileged information relating to the search warrant and police investigation. John, was Schinske arguing that attorney-client privilege protects Nassif? It's Nassif's clients that are protected by privilege, not Nassif. If the police discover privileged information in a search, it might compromise the prosecution of Nassif's clients, but it doesn't affect the evidence collected against Nassif. That may have been Simpson's point. The criticism of the search warrant as "over broad" is really a separate issue. A search warrant is issued only upon a showing of probable cause that a crime has been committed. The search warrant must be written to address the specific crime being investigated; if it isn't appropriately limited, the search warrant and subsequent search may be invalid. For example, the police can't use a search warrant issued for a CSC charge to go on a fishing expedition for evidence of drug possession. Did Schinske argue WHY the search warrant was overbroad?
Anon48104
Wed, Aug 21, 2013 : 2:53 p.m.
@Colorado Sun. I think you hit the nail on the head with your fishing expedition comment. There are a lot of possibilities really as to why the warrant may have been so broad. Police could have walked in to arrest him and drugs may have been in plain site. Depending on the amount police found they may have had probable cause that a different crime was in fact committed; distribution, etc... . Also note, this was a local magistrate that would have authorized the "overly broad" warrant. Regardless, my sense is they probably aren't so much looking for other paraphernalia, but associates (other attorneys, local officials). That is probably why the other attorney was brought in on this to protect using the veil of the AC privilege. I say that because she probably doesn't really care about attorney client privilege itself, but trying to stop the prosecution from investigating emails, texts, etc... because they might stumble across other attorneys, local officials, etc... involved in something. Kind of restating what @halflight said in first paragraph.
Colorado Sun
Wed, Aug 21, 2013 : 1:39 a.m.
It is common in criminal investigations to seek issuance of a search warrant to include the smallest possible items and be as overbroad as possible to allow police to look just about everywhere and create an opportunity to access computers, desk drawers, containers, etc. A saerch warrant for a computer can turn up very incriminating evidence independent of what the police may be looking for. Such as identifying criminal associates in such things as bookmaking, drug sales, child pornography - even if the targeted criminal offense of the investigation is unrelated to those exploits. Remember the pediatrician case last year when it was the computer inspection pursuant to search warrant that allowed the prosecution to seal the case against the doctor when it showed questionable downloads from alleged pornographic sites? I think the AAPD had a "fishing expedition" in mind when they searched his apartment.
Colorado Sun
Wed, Aug 21, 2013 : 12:32 a.m.
Nader Nassif has a social, personal relationship with a lot of people in this town. He knows plenty of judges attorneys, prosecutors, etc. He used to sit next to John Hieftje at the DDA meetings. There should be a disqualification of the County Prosecutor's Office from this case.
An Arborigine
Wed, Aug 21, 2013 : 12:05 a.m.
Something is rotten in Denmark
Kyle Feldscher
Tue, Aug 20, 2013 : 10:52 p.m.
We've added in the full name of J. Cedric Simpson, the district court judge, in the first reference.
Billy
Tue, Aug 20, 2013 : 10:07 p.m.
"Shinske also referred to drugs that were seized at the time the warrants were executed." Because of your position...you don't get to enjoy recreational usage of illicit substances. If you want to...then you can give up your job of course...
Albert Howard
Tue, Aug 20, 2013 : 9:42 p.m.
'other crimes'...no way
justcurious
Tue, Aug 20, 2013 : 9:41 p.m.
"Schinske and Simpson locked horns on what argument the defense was trying to make, whether or not the search warrants were "over broad" and "defective," the way the defense put it in a motion, or if the evidence itself — the emails and text messages — violated the attorney-client privilege. "Do not play games with me," Simpson said at one point. "I'm not going to get into the wordsmithing with you." Who is "Simpson". Not mentioned earlier in the article as far as I can see...????
slave2work
Tue, Aug 20, 2013 : 11:35 p.m.
I had to go back and re read it to find out too..
Brad
Tue, Aug 20, 2013 : 9:53 p.m.
Sorry, that was just a hat tip to the best known of all Simpsons, Homer Simpson. Apologies for my obtuseness.
justcurious
Tue, Aug 20, 2013 : 9:48 p.m.
OK Brad...who is this person? Do they have a first name or a title? Or are we all privy to the court system?
Brad
Tue, Aug 20, 2013 : 9:42 p.m.
D'oh!
RunsWithScissors
Tue, Aug 20, 2013 : 9:36 p.m.
Who is Simpson? This article introduces Nader Nassif, Jill Schinske & Joe Simon but no such courtesy for a person named Simpson.
Leon Lapham
Wed, Aug 21, 2013 : 1:53 a.m.
8th paragraph quoted from above... "Schinske and J. Cedric Simpson, the district court judge in the case."
DBH
Tue, Aug 20, 2013 : 10:03 p.m.
Based on the context, Simpson appears to be the judge presiding over the hearing today. It would be nice to have a full name, though.
justcurious
Tue, Aug 20, 2013 : 9:44 p.m.
Sorry. We both noticed that and I didn't see your question before I posed mine.
nickcarraweigh
Tue, Aug 20, 2013 : 9:34 p.m.
You can't swing a dead cat in this case without hitting lawyers. It'll all either either end in a twinkle, or linger like Agent Orange in the food chain
Colorado Sun
Wed, Aug 21, 2013 : 12:53 a.m.
Nader Nassif has enough political clout to pose on the circuit court bench with a black robe in a courtroom of a judge whose campaign comittee he gave a contribution to - now THATS real political influence.