Error was made during 2003 sex offense conviction of Matthew Freeman, attorney claims in motion
A paperwork error was made when a Pittsfield Township man was convicted in 2003 of having consensual sex with his underage high school girlfriend, his attorney contends in a new motion.
That error has had “significant consequences” for Matthew Freeman, particularly concerning his obligation to register under the "Sex Offender Registry Act and other statutory provisions," according to the motion filed Friday by attorney David Goldstein.
Matthew Freeman is pictured in his family's Pittsfield Township home.
Goldstein filed a “motion to correct the record,” the latest step in a legal battle that began after Freeman was criminally charged for living too close to a school as a registered sex offender.
Freeman, 23, is scheduled to appear in court on the school safety zone violation charge Friday. It's unclear how the motion on the original conviction could impact the latest case.
Freeman was charged last fall with a school safety zone residency violation that accuses him of illegally living within 1,000 feet of Carpenter Elementary School. If convicted of the misdemeanor charge, he faces up to a year in jail.
According to the motion, Freeman pleaded guilty to fourth-degree criminal sexual conduct on July 29, 2003, in front of 22nd Circuit Judge Donald Shelton.
Freeman was convicted of having sex with his girlfriend when he was 17 and she was 15. In Michigan, the legal age of consent is 16.
However, when the paperwork on the conviction was prepared, it read as though Freeman pleaded guilty to fourth-degree criminal sexual conduct involving force and/or coercion, the motion says.
The motion requests the record be corrected to “accurately reflect” that Freeman pleaded guilty to the section of the fourth-degree criminal sexual conduct statute relating to “statutory criminal sexual conduct, that is - sexual relations with a female under the age of 16.” The motion is scheduled to be heard by Shelton on March 2.
It's unclear what subsection of the fourth-degree criminal sexual conduct statute Goldstein is referring to in the motion. One subsection deals with a victim of "at least 13 years of age but less than 16 years of age" and someone who is "five or more years older than that other person."
Goldstein could not be reached for comment.
Freeman's girlfriend's mother, Evelyn Scott, previously said she wanted to end the relationship and filed a complaint with Pittsfield Township police requesting Freeman be criminally charged. That complaint was filed 12 days after Freeman's 17th birthday.
Freeman was sentenced to probation in September 2003 and is no longer dating Scott's daughter. Scott recently wrote a letter on his behalf, asking that he be removed from the registry. As it stands, Freeman must remain on the registry until Aug. 17, 2028.
Washtenaw County Chief Deputy Assistant Prosecutor Steve Hiller declined to comment on the motion, saying he hasn't seen it.
Freeman’s mother, Yolanda, said she's glad Goldstein is looking into her son's conviction.
“I don’t know who prepared the paperwork,” she said. “Somebody messed up. It’s crazy how they can mess up like that. Seriously. It’s bad enough he has to register as a sex offender as it is.”
According to the motion and court records, Freeman and his attorney, Assistant Public Defender Gina Jacobs, reached a plea agreement with the Washtenaw County Prosecutor’s Office in 2003.
Under the agreement, Freeman was to plead guilty to fourth-degree criminal sexual conduct, and the original third-degree criminal sexual conduct charge would be dismissed, the motion says.
During the plea hearing, then Assistant Prosecutor Lenore Ferber indicated a plea agreement had been reached, the motion says. She moved to amend the information to add a count of fourth-degree criminal sexual conduct. But in her recitation to the court, Ferber "did not specify a subsection of the statute to which the defendant would be entering his plea,” the motion says.
The court questioned Freeman about "having sexual relations with a female who was under the age of 16," according to the motion.
“At no point did the court question the defendant regarding force and/or coercion nor did the defendant make any statement regarding force and/or coercion," the motion says.
In the motion, Goldstein is "recognizing that it was an error for this conviction to have been entered without there being any force or coercion," said Larry Dubin, a professor of law at University of Detroit Mercy.
"Under the court rules, you need an accurate plea...," Dubin said. "The prosecutor, in trying to give (Freeman) a break, perhaps created a conundrum that was not foreseen."
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 or by e-mail at leehiggins@annarbor.com.
Comments
mitch
Sat, Feb 13, 2010 : 2:31 a.m.
It's unclear what subsection of the fourth-degree criminal sexual conduct statute Goldstein is referring to in the motion. One subsection deals with a victim of "at least 13 years of age but less than 16 years of age" and someone who is "five or more years older than that other person."
Dr K
Fri, Feb 12, 2010 : 1:22 a.m.
Matt is probably my son's best friend and has been to my home many times. I find Matt to be quite engaging and a good person, although he's a bit winded. I also don't care for a lot of his music lyrics. He celebrates every Thanksgiving with us and is pretty good in the kitchen. Matt is also very polite. He's like one of my son's! Sure he made some mistakes when he was younger. Who hasn't? Just now, I wonder if a minor is deemed legally competent to enter into a plea deal. Someone without the financial resources to secure competent legal representation may enter into an inappropiate plea deal without understanding the consequences of their decision. Good Luck FL.
A2JetGuy
Thu, Feb 11, 2010 : 9:49 p.m.
"obvious miscarriage of justice here..." Are you serious?!? She was under age. He had sex with her. GUILTY!
HBA
Thu, Feb 11, 2010 : 5:18 p.m.
There was an obvious miscarriage of justice here. All the people involved have suffered enough, and we taxpayers have paid enough. Throw the case out with no further ado!
alarictoo
Thu, Feb 11, 2010 : 4:33 p.m.
I definitely agree with Malorie. Can we drop all the back vs. white rhetoric and focus on the issue? This issue is not about a broken system. This is about an angry mother who started the legal machine into motion, then decided she wanted to call it off. It just doesn't work that way. Who was it that made the mother angry enough to start this process? It was young Mr. Freeman, who would not break off contact at the mother's request (you can read the original story here: http://www.annarbor.com/news/a-young-man-struggles-with-the-sex-offender-label/ ). Had Matthew listened to the girl's mother this would never have been an issue. Actions have consequences.
M.
Thu, Feb 11, 2010 : 4:02 p.m.
a2.com PLEASE remove all of the racist comments on this thread!!! How is comparing the average SIZE OF A PHOTO based on the subject's race related to this at all? "Another small photo (same photo repeated in this case) of an African-American in trouble. If all photos in mainstream media of whites and blacks in trouble were compared for size, I think I could predict which ones would be consistently larger - the white ones. I could be wrong. It's something I've noticed over the years, and believe Americans are simply conditioned to vilify whites in whatever ways possible - there are many ways. " This is an outrageous comment! Still, in my opinion, the larger the picture the more attention will be drawn to it...which would be a bad thing if you're in trouble.
breadman
Thu, Feb 11, 2010 : 12:09 p.m.
Good Luck! The Court System will say 'you did the crime you pay the time' no matter what the letter said from the Mother of the of the Daughter. Mother was angry at the time of the paper work, so now the court said do as 'TOLD' CRIMINAL SYSTEM STINKS State Of Michigan will house a sex offender! But what about a murder for life! When you take a life you should give up your life in return. CAPITAL PUNISHMENT!!!
A2JetGuy
Thu, Feb 11, 2010 : 11:39 a.m.
"If he was a well off white boy..." That is an inflammatory, inappropriate comment that has nothing to do with this story. It should be retracted.
Mumbambu, Esq.
Thu, Feb 11, 2010 : 11:35 a.m.
Another small photo (same photo repeated in this case) of an African-American in trouble. If all photos in mainstream media of whites and blacks in trouble were compared for size, I think I could predict which ones would be consistently larger - the white ones. I could be wrong. It's something I've noticed over the years, and believe Americans are simply conditioned to vilify whites in whatever ways possible - there are many ways.
stevek
Thu, Feb 11, 2010 : 10:25 a.m.
@libertyfor all--how long are you going to play the race card. It gets extremely tiring. He should be a man and take responsibility--along with his parents--and learn a lesson from this. You can't move forward if you are always looking back.
Sandra Samons
Thu, Feb 11, 2010 : 9:59 a.m.
In fact, I am familiar with a case in Wayne County a couple of years ago when the "criminal" was the son of a well-off white family and it drained the family resources and nearly ruined that young man's life. The law needs to be changed! But, until then, courts need to be sensible in how they apply it.
Tom Joad
Thu, Feb 11, 2010 : 9:56 a.m.
The error was made when he slept with an underage girl
alarictoo
Thu, Feb 11, 2010 : 9:53 a.m.
libertyforall: "If he was a well-off white boy... yaddayadayadda..." I know of numerous "well-off white boys" who have been convicted under the same circumstances and have also been forced to register. Can we quit playing the "race card" on every little thing?
libertyforall
Thu, Feb 11, 2010 : 9:38 a.m.
If he was a well-off white boy, there would not have been a conviction or plea bargain. Ridiculous waste of resources.
Sandra Samons
Thu, Feb 11, 2010 : 9:12 a.m.
Don't sstop covering this story, A2,com! It is a gross miscarriage of justice and not what this law was intended for....this is not the first, and certainly will not be the last teen sex "violation". It can ruin a young life and cause families enormous distress and dollars (if they have them) to correct such a miscarriage of justice. If you are silent now, who will be next? Someone you love? I hope the court is paying attention to our comments!
Sandra Samons
Thu, Feb 11, 2010 : 9:06 a.m.
Don't stop reporting on this case, A2,com! It is a gross miscarriage of justice and can ruin a young life if the law is misused in this way. This is not the only time the law has been misapplied to teen sex and it needs to be changed. We should all be protesting loudly when something like this happens. If we do not, the next time it could be someone you love who is in this position and your entire family could be effected by it. I hope the court is paying attention to our protests!
KeepingItReal
Thu, Feb 11, 2010 : 8:41 a.m.
I would like to thank AnnArbor.com for sticking with this story because its really not all about the sexual offense committed by this young man. It also involves the appropriate application of justice and the interpretation of the law by those we trust to know the law when they are administering it. As a result of this alleged fiasco, a young man life has been seriously imperiled while those whom we entrust to understand and enforce the law..the judge, the prosecutor and the public defender have gone about their lives with little or no consequences. I hate to cast this unfortunate happening in racial terms but this is what happens to a lot of young African American males when they have conflict with the law. They usually appear before a judge such as Judge Shelton who at the least is indifferent to them, they face overzealous prosecutors who want to prove how tough they are on criminals and they usually receive poor legal representation from their appointed public defender. Many of them when they enter the system often spend a good portion of their life in the system in which hundred of thousands of tax payer dollars are spent to keep them there. I would like to thank Mr. Goldstein for taking an interest in this case and at least seeing that this young man receive some fairness from the system. I don't understand how this case can go back before Judge Shelton
RuralMom
Thu, Feb 11, 2010 : 8:22 a.m.
voiceofreason - YOU would not be saying its too much coverage if it was your child! The Sex Offender law was NEVER meant to be used in circumstances of teenage sex, it was to keep true Sex Predators away from our children. Its a travesty how this law is utilized.
voiceofreason
Thu, Feb 11, 2010 : 7:08 a.m.
It's good to hear and all, but I think AA.com has already overdone it with the amount of publicity given to this case. There HAS to be something else to write about, no?
Basic Bob
Thu, Feb 11, 2010 : 6:13 a.m.
Judge Shelton, the prosecutor, and the public defender did not understand the law. The defendant had no chance in this court.