Ypsilanti Township man charged with trafficking children into U.S. should be released, attorney argues
An Ypsilanti Township man accused of trafficking four relatives into the United States from Africa and forcing them to work at his home doesn’t pose a danger "to the community at large" and should be released pending trial, his attorney argues in a motion filed Wednesday.
Jean-Claude Kodjo Toviave, 42, is being detained without bond on federal charges of forced labor, human trafficking, visa fraud and mail fraud.
He has not yet been arraigned on three counts of third-degree child abuse filed by the Washtenaw County Prosecutor's Office stemming from an alleged beating of three other victims.
In the federal case, Toviave, who is originally from the West African country of Togo, is accused of trafficking his relatives into the U.S. five years ago and severely beating them or depriving them of food if they failed to complete household chores or do homework.
Toviave
U.S. Marshals Service
The relatives, whom Toviave reportedly passed off as his own children, are ages 15 to 23.
Toviave's attorney, David Tholen, claims in the filing that home confinement and electronic monitoring would be sufficient to ensure Toviave shows up for future court hearings. Toviave has no prior convictions, the filing says, and would likely be able to find a job.
The filing says that prior to his arrest, Toviave worked as a janitor at the University of Michigan and part-time tennis instructor at the Huron Valley Tennis Club.
It also claims he has ties to the community, including owning a home in Ypsilanti Township that was built by Habitat for Humanity. In addition, the filing says Toviave's 4-year-old son and his son's mother live in Ann Arbor.
Toviave was granted political asylum in 2002.
Immigration and Customs Enforcement agents say Toviave put false information on immigration documents and misrepresented the ages of his relatives and his relationship to them. He has been detained without bond since his arrest in early May.
Federal prosecutors have not yet filed a response to the motion.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
HappySenior
Fri, Aug 5, 2011 : 11:20 a.m.
The lawyer wants to provide a zealous defense, but it sounds unrealistic. Why is this man still in the United States? He is being held on federal charges as well as local charges. Hopefully, the federal court will revoke his political asylum and either put him in prison or just send him home.
RJA
Fri, Aug 5, 2011 : 2:22 a.m.
Pitiful situation for the children, and I doubt that this man will find a job here.
John A2
Thu, Aug 4, 2011 : 11:55 p.m.
This kind of thing is happening all over the world. Very common, but rarely heard. The children are so happy to be out of harms way that they are made to believe this kind of life is much better than where they came from.
Will
Thu, Aug 4, 2011 : 11 p.m.
I would only release him after revoking his political asylum and deporting him immediately. He lied to immigration authorities about the children with him, so he could have lied about needing political asylum too.
Laurel
Fri, Aug 5, 2011 : 3:47 p.m.
You seem as though you're not quite sure how you actually obtain political asylum. You cannot just declare that you need it and then it's granted. There is a long process that you need to go through as well as background checks and such to make sure. While he obviously loses credibility for the lies and crimes he's committed, you can throw out the baby with the bath water...
Matt Cooper
Fri, Aug 5, 2011 : 4:30 a.m.
Ummmm...semms to me that deporting him would allow him to totally escape justice for alleged crimes. Do you really want to let him skate like that?
squidlover
Thu, Aug 4, 2011 : 9:37 p.m.
...and when does an attorney ever argue that his/her client IS a threat to the community and should be detained?