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Posted on Sat, Jan 30, 2010 : 1:53 p.m.

Ypsilanti Township man convicted again in retrial of 2007 sexual assault case

By Art Aisner

An Ypsilanti Township man was convicted of sexually assulting another man during his second trial on the same charge this week in Washtenaw County Circuit Court.

Jurors found Samuel Maxwell, 45, guilty of two counts of third-degree criminal sexual conduct involving force and one count of assault with intent to commit sexual penetration.

The decision was rendered after about an hour of deliberations following a two-day trial in Judge Archie Brown’s court, records show.

Maxwell was acquitted on one count of third-degree criminal sexual conduct involving force.

The verdict nearly mirrored a 2007 conviction for the same crime, which earned Maxwell a maximum sentence of 18 to 30 years in prison. But the Michigan Court of Appeals reversed the conviction over the summer and granted Maxwell a second trial because Brown had him testify while wearing shackles.

Maxwell did not testify this time, court officials said. But he maintained the sexual encounter with a 34-year-old man in a Superior Township park in August 2006 was consensual. Authorities argued he assaulted the man in a secluded area after saying he’d help the man find his son.

Court records indicate Maxwell was convicted of third-degree criminal sexual conduct in Washtenaw County in 1980 and again in Wayne County in 1985.

Maxwell will likely face a similar punishment as he did in 2007 under state sentencing guidelines when he is sentenced next month, officials said.

Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.

Comments

Jackietreehorn

Sun, Jan 31, 2010 : 12:19 p.m.

Congratulations to APA Sam Holtz, who is truly a man of the people. A dedicated prosecutor and a good man. Good job Sam!!