News & Updates
Not Guilty Verdict for Grand Rapids Teacher Falsely Accused of Slapping a Student
Grand Rapids teacher falsely accused of slapping a teacher is acquitted by jury after 16 witnesses and 20 minutes of deliberation.
Jury acquitted defendant after 16 witnesses and 20 minutes of deliberation
FRIDAY, APRIL 26, 2024, GRAND RAPIDS, MICHIGAN -
Today, a jury sitting in the 63rd District Court in Kent County, Michigan, acquitted Kathryn Lindell, a former Kent ISD teacher accused of fourth degree child abuse. The jury only took 20 minutes to reach its verdict after hearing from 16 witnesses.
The charges stemmed from an allegation in October 2023 that the teacher slapped a 13-year-old nonverbal child at Lincoln School in the middle of a crowded room during the height of the school day. The prosecutor called eight witnesses, only one of whom testified that he saw this alleged event. The defense also called eight witnesses, some of whom were present in the room when the alleged slap would have occurred, and who did not witness any slap or any form of abusive conduct.
The trial hinged on the testimony of Ms. Lindell’s classroom assistant who said he saw the alleged slap. The evidence revealed that this sole witness, a staff member at Lincoln School, has a long history of significant mental illness, including schizophrenia. Court records about this witness were entered during the trial and included a petition for involuntary psychiatric hospitalization due to his delusional paranoia and responses to external stimuli. Eight witnesses, including the Lincoln School Principal and Assistant Principal, testified that there have been and still are significant concerns regarding this so-called eyewitness’s mental health and fitness for duty in a special needs classroom.
The mother of the child noticed a bruise on her son’s face around 6:45 pm on October 12, 2023, over three hours after he arrived home from school. The staff members who helped the child get ready to go home on the bus that afternoon testified that they did not see any marks on his face. The bus driver and bus aide who transported him home both testified that they also did not see a mark on his face when he got on or off the bus, even after having face-to-face contact with him while strapping him into his safety harness.
There was testimony regarding safety procedures for handling students. Ms. Lindell’s conduct had never before been called into question.
The defense focused on a distinct lack of investigation into any other sources of injury. There was no investigation into potential accidental causes, including metal playground equipment where the student was seen crying, or anything that could have occurred after the student got off the bus. There was a history of this child having accidental bumps, bruises, and scratches at multiple schools over the past several years, long before he entered Ms. Lindell’s classroom for the first time.
The Prosecutor’s Office indicated in court that it was opposed to any questioning regarding why this charge was initially declined and why that decision changed after a phone call from an undisclosed source. The judge ruled that this would be decided as the situation arose with the law enforcement witnesses during trial. The prosecution opted not to call any law enforcement witnesses, despite having subpoenaed them to testify at trial.
The school’s internal investigation came under fire by the defense for jumping to conclusions prematurely. Ms. Lindell was given an ultimatum to resign or be terminated within a week of the incident being reported. The police did not interview several key potential witnesses and instead relied on the school’s report.
The courtroom was filled with Ms. Lindell’s supporters, whose relief was palpable following the jury verdict. Ms. Lindell stated, “I am so relieved that justice was served and the truth has come out. This has been a complete nightmare for me and my family, and I am so glad to be able to put this all behind me and move forward.” Ms. Lindell testified at the trial about her deep love for teaching and her care for her students, including the child at issue in this case. She looks forward to returning to her career with these false allegations put behind her.
“This is a rare case where I never doubted from day one that these allegations were false,” said Tessa Muir, partner at SBBL Law and one of Ms. Lindell’s trial attorneys. “The evidence supported that the charge was completely unsubstantiated, and it renews my faith in jurors to know that they recognized that immediately,”
Jessica Armstrong, Ms. Lindell’s co-counsel at trial, stated, “It was an honor to represent such a truly deserving defendant. It was clear that Ms. Lindell had a lot of support from her fellow teachers and the parents of her students, and we are glad that the jury was able to see the truth.”
The defendant was represented by attorneys Tessa Muir and Jessica Armstrong of SBBL Law, criminal defense attorneys in Grand Rapids, Michigan.
Man Cleared of Sex Assault Charges in Less Than 40 Minutes
White Cloud man cleared of sex assault charges in less than 40 minutes.
SBBL client found not guilty on all counts
White Cloud, Mich. — June 9, 2023 — Nearly three years after being accused of sexually assaulting a female minor and facing charges carrying a mandatory minimum of 25 years in prison, a Newaygo County jury took less than 40 minutes to clear a White Cloud man of all charges on June 9.
"From the moment this client hired us, he said, 'I didn't do this.' He never wavered and maintained his innocence throughout the whole ordeal, even when he was facing 25 years in prison upon conviction. When these types of allegations are levied, they are devastating to the accused, regardless of whether or not they actually did it. So, we set out to prove he didn't do it and clear his name," said attorney Gary K. Springstead of SBBL Law.
"One of the tools at our disposal to help prove somebody's innocence is a polygraph exam. Our client took and passed a polygraph examination early on in the investigation. The results were provided to the investigator and the prosecuting attorney's office, but they completely ignored it, which is frustrating," Mr. Springstead said. "The whole point of taking a polygraph is to help prevent wrongful convictions. The law even guarantees that anybody accused of a crime like this has the right to take a polygraph to prove their innocence. But the law does not guarantee that the charges will be dropped if you pass the polygraph, so the law's 'guarantee' is really meaningless if the prosecutor doesn't take that part of the statute seriously."
"Fortunately, the prosecutor's office does not have the final say, a jury does," his attorneys said. After a four-day trial, the jury deliberated for less than 40 minutes before acquitting the accused. "That speaks volumes about what they thought of the case, and they weren't even told about the polygraph." Polygraphs are inadmissible in court, according to well-established case law.
The defendant was represented by attorneys Gary K. Springstead and Nicole E. Springstead-Stolte of SBBL Law, criminal defense attorneys in Fremont and Grand Rapids, Michigan, respectively.
SBBL Mourns the Passing of Don Davis
After over 40 years of legal service to the United States Attorney’s Office and SBBL Law, Don Davis (Of Counsel to the Firm) tragically passed away in February 2023.
After over 40 years of legal service to the United States Attorney’s Office and SBBL Law, Don Davis (Of Counsel to the Firm) tragically passed away in February 2023. He was an exceptionally bright legal mind but, moreover, as kind and genuine as they come. His smile filled a room, and he could listen intently for hours, inviting open and deep discussion about virtually all topics. He was a beloved colleague and friend. He loved the law and being a U.S. Marine veteran, but he loved his family the most. We will all miss him dearly.
Don’s obituary details his tremendous and well-lived life defined by family, friends, adventure, and service.
Professional Background
Before joining SBBL Law, Don was the US Attorney for the Western District of Michigan from 2008-2012. He was the chief federal law enforcement officer across 49 counties in the western half of Michigan and the Upper Peninsula. Don was appointed US Attorney by the judges of the US District Court for the Western District of Michigan where he was responsible for supervising nearly 40 Assistant US Attorneys in the US Attorney’s Office. In addition, he served for 35 years in the office as an Assistant US Attorney in numerous capacities, including as First Assistant, Criminal Chief, and Senior Litigation Counsel.
Starting in 1983, Don tried over 75 federal jury trials to verdict, including obtaining acquittals at federal trials as a defense attorney with SBBL Law. He was one of the leading experts in criminal tax law and tax investigations in the United States and argued over 125 federal appellate cases at the US Court of Appeals for the Sixth Circuit in Cincinnati, Ohio.
Before joining the Department of Justice, Don served as a law clerk to the Chief Federal Judge for the Western District of Michigan. For more than 40 years, he was extensively involved in the legal community, including the Sixth Circuit Advisory Committee, Michigan State Bar’s US Courts Committee (Chairperson), Federal Bar Association (President), Hillman Advocacy Program (Chairperson), a Master of the Inns of Court, and the Federal Courts Rules Committee and its Criminal Working Group. Don was also a proud veteran of the US Marine Corps.
Education
University of Michigan Law School, JD
Western Michigan University, BA (magna cum laude)
Bar Admissions
Michigan
Awards
Two US Department of Justice Director’s Awards
The Lifetime Achievement Award from the IRS
Hillman Award
The Marion Hilligan Public Service Award
Charity Game for Domestic Violence Survivors
West Michigan lawyers and judges play annual charity softball game to support survivors of domestic, sexual violence.
West Michigan lawyers, judges to play annual charity softball game to support survivors of domestic, sexual violence
Grand Rapids, Mich. — In Kent County, the rate of domestic violence homicides is on track to double this year compared to last year. And since the pandemic started, domestic violence calls to the police are up about 35%.
The Western Region of the Women Lawyers Association of Michigan is hosting a charity softball game this weekend to support domestic and sexual violence survivors. More than $215,000 has been raised for the YWCA's domestic and sexual violence services since 1983.
Read the full story >
Client Found Not Guilty of Firearms-Related Felonies
Berrien County jury finds Benton Harbor man not guilty of six firearms-related felonies.
Berrien County Jury Finds Benton Harbor Man Not Guilty of Six Firearms-Related Felonies
St. Joseph, Mich. – August 8, 2022 – Following a two-day trial, Yusef Lateef Phillips, of Benton Harbor, was acquitted of felony firearm charges by a Berrien County jury on Friday, August 5. The jury took approximately 45 minutes to return a “not guilty” verdict on each of the six counts stemming from an August 2020 traffic stop.
Michigan State Police troopers seized two pistols from a rental car in which Phillips was a passenger. Prosecutors charged Phillips with three separate felonies for each seized firearm, for a total of six felony charges.
Phillips’ attorney Heath Lynch of Springstead Bartish Borgula & Lynch, PLLC, challenged the grounds for the traffic stop claiming Michigan State Police officers unlawfully stopped the vehicle and impermissibly prolonged what should have been a routine traffic stop simply so they could search the vehicle, which was traveling in a high-crime area in Benton Harbor. The trial court denied Phillips’ motion, and the Court of Appeals affirmed that decision on appeal.
Prior to trial, Phillips denied knowing about either of the firearms seized from the rental car and declined to accept the prosecuting attorney’s plea offer. The trial began on Thursday, August 4, with the arresting troopers testifying for the prosecution. The jury viewed a video of the traffic stop, as captured by the troopers’ dashboard camera. The driver of the vehicle, who was not the renter or an authorized driver, testified that he and Phillips briefly borrowed the vehicle from the renter and were unaware of the two firearms that had been concealed in the passenger compartment.
Lynch said, “There were two real problems with this case. The first was the credibility of the officers, whose accounts of the traffic stop changed dramatically during the course of the case. An officer can stop a moving vehicle for any number of reasons, but the reasons at least need to remain consistent over time. For an officer first to claim the stop was for a failure to use a turn signal and to stop at a stop sign (both violations were disproven by the video footage) and then change and change again, his account of events was just too much, and I think the jurors began to doubt the rest of the officer’s testimony because of it. The other problem was that officers failed to even look for any corroborating evidence, such as fingerprints or DNA on the firearms. They just expected the jury to convict based on proximity alone, and the jury clearly was unwilling to do so.”
Phillips faced prison time if convicted. Carrying a concealed weapon is a felony punishable by up to five years in prison. “Felony firearm,” or possession of a firearm during the commission of a felony, carries a mandatory two-year prison sentence, which must run consecutively to any other sentence imposed in the case.
Felony Acquittal for Client of Attorney Heath Lynch
Felony case against man charged with accosting a minor in East Grand Rapids dismissed
Felony Case Against Man Charged with Accosting a Minor in East Grand Rapids Dismissed
Grand Rapids, Mich. – July 15, 2022 – Circuit Court Judge dismisses case against Joshua Hocquard on the day of trial after Kent County Prosecuting Attorney’s Office moves to dismiss. Prosecutors dismissed a felony charge against Joshua Hocquard on Monday, the day set for the trial of Hocquard’s case.
In April 2020, Kent County prosecutors charged Hocquard with the felony of accosting a minor for immoral purposes after an eleven-year-old East Grand Rapids minor claimed a single security photo of Hocquard, who had been playing tennis in the area that day, depicted the man who approached the girl in a vehicle on an East Grand Rapids street, and asked if she wanted to see his genitalia.
Hocquard denied the allegations. The case was set for trial on Monday, July 11, 2022. That morning, with Hocquard and his attorney, Heath Lynch of SBBL Law, present in court, an assistant prosecuting attorney moved to dismiss the case. Circuit Judge George J. Quist granted the motion from the bench and signed a final order of dismissal later that day.
Attorney Lynch, who represented Hocquard throughout his case, said he was “pleased that the Kent County Prosecuting Attorney’s Office did the right thing here. While we wish the decision had come sooner, we are relieved and grateful that Josh can finally move past this. He maintained his innocence from the beginning and never wavered.”
Lynch also stated, “We felt very confident going into trial. There were major issues with the process used by law enforcement to identify Josh, which we were prepared to point out. The investigation process was hasty, reactive, and ultimately misleading, and I think the jury would have seen that. I believe it was a wise decision for the county to dismiss its case.”
Accosting a minor for immoral purposes is a felony in Michigan, punishable by a term of imprisonment of up to four years. A defendant convicted of the crime is required to register as a Tier II offender under the Sex Offender Registration Act.
Acquittal for Attorney Heath Lynch’s Client
Mecosta County Jury Finds Man Not Guilty of Assaulting and Injuring a Police Officer in 2021
Mecosta County Jury Finds Man Not Guilty of Assaulting and Injuring a Police Officer in 2021
Jury acquits James Alan Hatchew of two felony charges: assaulting or resisting a police officer, and assaulting or resisting a police officer causing injury.
Big Rapids, Mich. – May 26, 2022 – Facing up to four years in prison, James Alan Hatchew was acquitted by a Mecosta County jury yesterday, following a two-day trial. Mecosta County prosecutors charged Hatchew with two felonies in February 2021, after police officers were dispatched to his home to intervene in a dispute over snowmobiles. One of the responding officers accused him of assaulting her.
For nearly a decade, Hatchew had stored and maintained snowmobiles on his property for an out-of-town acquaintance who seldom used them. After several years passed without the owner using the machines or otherwise contacting Hatchew, Hatchew used his own resources and expertise to maintain them and keep them from falling into disrepair.
When the owner showed up in February 2021 and suddenly demanded Hatchew return the vehicles without compensation, Hatchew regrettably became frustrated. What started as a civil dispute quickly escalated when a Mecosta County deputy arrived at his house to speak with him and the other parties to the dispute. While all witnesses agreed that Hatchew willingly invited the deputy into his home to view the disputed snowmobiles, accounts of events that followed differed wildly. The deputy reported and later testified at trial that Hatchew “shoved” her, slammed his house door so hard against her body that the door came off the hinges, and broke her finger while struggling against her attempts to handcuff him.
Hatchew took the stand in his own defense and denied all the accusations of resistance and assault. The jury took less than ninety minutes to return a “not guilty” verdict on both counts.
Attorney Heath Lynch of Springstead Bartish Borgula & Lynch, PLLC, Hatchew’s trial attorney, said, “The real problem here for the prosecutor, who really did the best he could with these facts, was a lack of corroboration. The deputy claimed Jim, a large man, shoved her with both hands in the back, but both civilian eyewitnesses testified they saw no physical contact at all between the two. Jurors who spoke to us after the verdict expressed that they believed there was ‘reasonable doubt’ when it came to the deputy’s story. When Hatchew took the stand, his testimony undeniably impacted the jury.”
Hatchew said, “I just wanted my name cleared. I’ve been dragged through the mud and my reputation and business have suffered over the last year.”
Lynch also stated, “I was happy Jim took the stand to tell his story, as I was confident he would come across as the earnest, humble, and likeable guy we have all known him to be. You know a defendant made a good impression on a trial jury when, following the verdict, one of the jurors went out of her way to not only congratulate him, but to hug him in the hallway. He has been through a lot and I am very grateful this is over for him.”
Assault Acquittal for SBBL Law Client
Jury acquits Joseph John Ranere on felony charge of assault by strangulation.
Ionia County Jury Acquits Lansing Area Man After Less Than 20 Minutes Of Deliberation
Jury acquits Joseph John Ranere on felony charge of assault by strangulation
Ionia, Mich. – May 16, 2022 – Joseph John Ranere was acquitted by an Ionia County jury on all charges, including a felony charge of assault by strangulation. The jury acquitted Ranere following a one-and-a-half-day trial and under 20 minutes of deliberation on May 12.
Ranere, who had never been convicted of any crime before, was charged in April 2021 by Ionia County prosecutors, following an alleged incident that occurred earlier that month against another member of Ranere’s household. In addition to assault by strangulation, he was charged with attempted interfering with electronic communications, malicious destruction of personal property, and domestic violence.
Attorney Heath Lynch of Springstead Bartish Borgula & Lynch, PLLC, Ranere’s trial attorney, said, “The government’s case was entirely uncorroborated and based solely on the testimony of a complaining witness whose version of events changed repeatedly over time and tended to become more elaborate and dramatic with each telling.”
Ranere rejected a plea deal from prosecutors prior to trial and once more when it was offered to him mid-trial. Ranere said, “I refused to plead to any crime since I did not commit one. I felt the best option was for a jury to hear the case and I had full faith and confidence in my attorney and legal team to proceed forward.”
According to Lynch, law enforcement failed to collect or produce any evidence to corroborate the complainant’s story, and the jury appeared to put no stock in her unsupported account of events.
Drug & Firearm Acquittal
Acquittal on all federal charges in years-old drugs and firearm case for client of Attorney Heath Lynch.
Acquittal on all Federal charges in years-old drugs and firearm case for client of Attorney Heath Lynch
Muskegon area man faced life in prison if found guilty
Lansing, Mich. – April 28, 2022 –Sidney Maurice Scott, Jr. was recently acquitted by a federal jury on charges stemming from a 2018 raid in Muskegon Heights.
Criminal Defense Attorney Heath Lynch of Springstead Bartish Borgula & Lynch PLLC, said the government’s case was entirely circumstantial. Law enforcement connected his client to an apartment in Muskegon Heights where officers found drugs, drug paraphernalia, and a loaded gun in a raid following a nearby undercover drug purchase. During the raid, police found personal items belonging to Scott in the apartment. Scott had previously lived at the apartment, which was rented by his former girlfriend. However, he left some of his belongings behind when he moved out in 2017.
Scott, who has no prior criminal history, had been charged with possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime. He was out on bond while facing a minimum of 10 years and a maximum of life in prison. Scott rejected a plea deal from prosecutors where he would serve a minimum of 10 years in prison.
On April 22, a federal jury acquitted Scott on all charges following a two-day trial and two days of deliberation in the U.S. District Court for the Western District of Michigan in Lansing.
“The fact is, more than one person had access to that apartment,” Lynch said upon his client’s acquittal. “It was circumstantial based on his belongings – clothing – being present in the apartment. There was not enough evidence to pin these heavy crimes on my client.”
Heath Lynch Expert in Chauvin Trial
Heath Lynch is an accomplished trial attorney. He now defends the accused after spending nine years as an Assistant U.S. Attorney with the United State Department of Justice.
Lynch has defended and prosecuted hundreds of criminal cases
Grand Rapids, Mich. — Heath Lynch is an accomplished trial attorney. He now defends the accused after spending nine years as an Assistant U.S. Attorney with the United State Department of Justice.
Lynch has defended and prosecuted hundreds of criminal cases. He uses his experience in law enforcement to help clients understand the charges and evidence against him, and to build the most effective possible defense against those charges.