The appearance of impropriety (judge and prosecutor) and probable actual incompetence (investigator).

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.

Michigan Court of Appeals decision, January 13, 2022

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.


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5 thoughts on “The appearance of impropriety (judge and prosecutor) and probable actual incompetence (investigator).”

  1. So if the judge and PA cc’d this scum bag’s atty he’d be in jail. I can only hope he accidentally steps out in front of a bus.

  2. What’s everyone’s thoughts on lamborgine ..? .. seems he should be much higher on the list of suspects .. for starters .. he failed his poly back in 05 and if he isn’t the killer himself .. he surely knows who it is .. or was .. bring that he’s one of only a few left still alive .. he holds the power to close this case ..

    He turns 84 in prison on February 1st .. maybe some pressure from the public in the form of written letters .? .. I mean it can’t hurt .!

    1. I think almost every week about the people still alive who are withholding what could be valuable information. Prisoners Ted Lamborgine and Arch Sloan; Vince Gunnels, Paul Gunnels, John Hastings; Charles Busch (brother of Chris); private polygrapher Larry Wasser; attorney L. Burgess whose wife represented Chris on his numerous CSC charges; polygraphers Chet Romantowski and Robert Florida; anyone present at the Busch death scene in November 1978; witnesses present at the autopsy of Kristine Mihelich; attorney Richard Thompson; retired investigator Gary Hawkins; forensic scientist David Metzger, who handled the sketch and ropes taken from the Busch death scene (more on this in another post) and who decades later provided a sworn b.s. affidavit for Jessica Cooper and Paul Walton; cops like Lourn Doan and Don Studt who had to have known over the years that something didn’t add up. I doubt a single one of these people, who manage to live with themselves just fine, would speak up.

      That said, Ted (Offender No. 643240) currently resides at the Oaks Correctional Facility, 1500 Caberfae Hwy, Manistee, MI, 49660.

      It seems like these Come to Jesus types like Ted never speak the truth, even as they grow ever closer to their big, long, painful life review with the Big Guy/Universe.

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