This is a disturbing and disappointing story.
In 2019 a jury convicted Daniel Albert Loew, 28, of two counts of first-degree criminal sexual conduct, two counts of third-degree criminal sexual conduct and a single count of second-degree criminal sexual conduct for assaulting a teenage girl over a period of several years. Loew was sentenced as a third-offense habitual offender to 20-30 years for the CSC1 conviction and 20-30 years for the CSC2 and 3 convictions.
A different trial judge granted Loew a new trial on the basis of judicial misconduct. During the trial, Judge Margaret Bakker and the Allegan County Prosecutor emailed about this case. Ex parte communications (between one party and the judge without informing the other party) are prohibited by ethics codes for judges and attorneys because they can unfairly advantage one side.
In these emails, Judge Bakker wrote to Prosecutor Myrene Koch:
“This trooper didn’t do a very good investigation. Don’t they have detectives with MSP anymore?”
Prosecutor Koch responded: “They do but not typically for CSCs. This trooper has been given additional personal training since this investigation.”
On appeal, the Michigan Court of Appeals reversed the trial court’s grant of a new trial in a split 2-1 decision.
Loew appealed to the Michigan Supreme Court. See https://www.mlive.com/news/2022/10/man-convicted-of-sexually-assaulting-teen-wants-new-trial-because-of-judges-emails.html.
Earlier this fall the court heard oral arguments in the case to help determine if the communications between the judge and prosecutor affected the case. “An opinion is expected to be issued soon.”
Lowe is walking free while awaiting the outcome of his appeal.