Ex-MSU President Lou Ann Simon's Criminal Case Dismissed

Submitted by xtramelanin on May 13th, 2020 at 1:32 PM

Mates,

Of general interest to the board, her case was dismissed today.   I will try to link or copy in the opinion, but expect I will fail because its a PDF that I was sent.  Judge Maurer in Eaton County Circuit Court kicked it.  Scanning the opinion it appears that he gave Ms. Simon the benefit of many doubts, but she walks on the four counts charged.  He basically held that the prosecution didn't provide enough evidence that a reasonable person in her shoes would know that an investigation was ongoing during her 2018 interview with two detectives, and that her failure of memory was anything other than innocent.   The court excused her from failing to remember the 'nature' and 'substance' of her being informed about Nassar in 2014, and of not knowing what was brought to her attention was material.  It is a detailed, 25 page opinion and I will admit to not analyzing it in detail.  

The standard to dismiss a case that has been bound over for trial to the Circuit Court is that the District Court judge's bindover (Preliminary examination is in District Ct.  If 'probable cause' is shown that the crimes were committed and that the accused committed them, then the case is sent, or bound over, to Circuit Court)  was an 'abuse of discretion'.  That is a tough standard for the average defendant to overcome, but apparently they did that her.  

It is unlikely but not impossible that the prosecution would take this to the Ct. of Appeals.  High profile case but our AG is probably more worried about barbers cutting hair than covering for decades of sex offenses.  We'll see.

XM 

 

JPC

May 13th, 2020 at 1:39 PM ^

Two standards of justice. If you're poor and young, see how many "benefit of the doubts" you get.

xtramelanin

May 13th, 2020 at 1:57 PM ^

her lawyers are friends of mine and very talented.  

that said, the 'abuse of discretion' standard is extremely hard to overcome.   i am totally unaware of the politics of the court vis-a-vis MSU, and lou ann, but i guess that could've played into it. 

xtramelanin

May 13th, 2020 at 6:26 PM ^

i have a half a cow you might be able to buy.  he'll be ready to go in november.  get a neighbor/friend/family member to split it with you if that's too much meat and you can drive up to see the farm and pick it up when its done.  we'll even custom cut it for you.  you'll pick it up in packages just like the grocer, but with grass fed beef.  

xtramelanin

May 13th, 2020 at 7:47 PM ^

you'd have to journey up north sometime in mid to late november to pick him up.  IIRC you are in georgia.  would love to have an excuse to meet you in person, so if there's a chance, let me know.

grass fed, no hormones, no steroids, no GMO feed.  leaner, too. 

MgoHillbilly

May 13th, 2020 at 8:08 PM ^

Toward mid summer we'll know if that time will be free for the family to head up that direction with the RV for a week. Would likely be able to time the end of the trip with throwing that in the back of the truck on the way back to Georgia.  Would be neat to meet.

Edit: I wouldn't pull a cousin Eddie on you, we'd probably be traveling and staying at a couple parks up there just to see more of Michigan that I didn't get to see while in school.

JPC

May 13th, 2020 at 3:12 PM ^

I was trying to steer clear of race since not everything in the world revolves around it, but if we're going to be totally honest it's probably

Poor = strike one

Young = strike two

Minority = strike three

 

Any one of three you're probably GTG. It's when you get into the 2+ category that you're basically fucked. 

I'mTheStig

May 13th, 2020 at 6:59 PM ^

I was trying to steer clear of race since not everything in the world revolves around it

LOL.  Your first, and the thread's first, comment was socio-economic baiting.

You made no attempt to steer clear, you tried to start a pissing contest from jump.

ERdocLSA2004

May 13th, 2020 at 1:41 PM ^

She’s a crook.  Overpaid and corrupt just like all of the other MSU trustees and high profile people.  “Hey Lou Anna, so you’re the president but don’t know about the most important investigation in your schools history?  What would you say it is you do here?”

clarkiefromcanada

May 13th, 2020 at 1:50 PM ^

Choose your own story (Sparty Version):

a) "See, it was all fake news and caused by the Blue Wall in the media".

b) "This vindicates all involved".

c) "ESPN, the National Media, everyone, out to get us..."

d) "Do you want curbside pickup or delivery, sir?"

gustave ferbert

May 13th, 2020 at 1:51 PM ^

Eaton county?  Not Ingham?  Either way, not surprised.

 

There is an old Russian saying:  It's foolish to expect a pig to do anything more than grunt. 

It's like a referee making a spot in Columbus.  You should have never expected it to be short. 

rob f

May 13th, 2020 at 2:00 PM ^

Thanks for the info, XM.

Pathetic how the same criminal justice system that often doesn't work like it should for the vast majority of citizens all too often it is manipulated by the privaleged few to get away with abuses.

NeverPunt

May 13th, 2020 at 2:00 PM ^

Great to see leaders holding themselves accountable for things that happened on their watch and taking responsibility. SMH.

Whether what she did met the standard of criminal behavior, I don't know, but I hope she's haunted for the rest of her life by the things she contributed to. 

Too many people passing the buck on this shit, including in our own beloved University. 

Do the right thing. It's not that f&*king complicated.

crg

May 13th, 2020 at 2:27 PM ^

Just... wow.  I hope this gets appealed, but I tend to agree with XM that the current AG/admin will not care enough to take further action.

Perkis-Size Me

May 13th, 2020 at 2:33 PM ^

Well there you have it folks. When you're rich, you know the right people, and you can afford the best lawyers, the rules don't really apply to you. When you're poor and can only rely on yourself, your chances are over before they ever really began. Good things happen to bad people, and vice versa. Also doesn't hurt to be white. 

That's nothing new. Its been the way of the world for centuries and that's likely how it will be until we all end up nuking ourselves into extinction. But we live in an extremely imperfect world, where true justice seems to be a rare occurrence. 

xtramelanin

May 13th, 2020 at 4:03 PM ^

actually, at the AG.  and somebody's got to stick up for the 77 yr old barber.   yank the dude's license without notice, after hours, after they lose the TRO hearing trying to shut him down, but not granting him a hearing on the secret license pull.  seems fair...

Special Agent Utah

May 13th, 2020 at 4:13 PM ^

Hearing my ass. He’s flagrantly breaking the law.
 

He was supposed to be closed like every other fucking business of his kind until it was decided they were safe to operate again. He chose to disobey the order because he was bored and even then he didn’t even insist on all of his customers wearing masks.

They have every right to shut his ass down, he’s not some special exemption who gets to decide what laws are convenient for him to follow, when so many others are making sacrifices.

The only reason people are screaming “this is so unfair” is because of all the people using it as a political opportunity and the pussies who can’t go another few weeks without a haircut. 

Special Agent Utah

May 13th, 2020 at 4:06 PM ^

Hate to tell you this, but the Owosso barber illegally operating his business during a shut down has nothing to do with a judge dropping charges against Simon. They both acted in illegal ways and should be penalized appropriately.

So get the fuck outta here with your attempt to use this awful decision to let Simon walk as a reason to paint him as a poor victim of a tyrannical system.