Posted on 06/04/2008 10:15:16 AM PDT by WmShirerAdmirer
TROY -- An attorney for U.S. Sen. Debbie Stabenow's husband objected to a defense attempt to make his client appear at a preliminary court hearing Tuesday for a former Westland woman charged with prostitution. Prosecutors say the senator's husband, Tom Athans, will appear as a prosecution witness if the case goes to trial; they agreed he shouldn't have to testify before that.
Alycia L. Martin, 21, is accused taking $150 from Athans, 47, for sex at the Residence Inn on Livernois in Troy on Feb. 26.
Martin's attorney, Frank Cusumano, Jr., attempted to subpoena Athans to appear at an evidentiary hearing Tuesday before Troy 52-4 District Judge William Bolle. Attorney Todd Flood filed an emergency motion arguing Athans shouldn't have to appear at the hearing.
"It seems to be just a fishing expedition and doesn't bring anything to this case," Flood said of Cusumano's attempt to have Athans testify before there is a trial.
Bolle said he would later rule on whether Athans has to appear for the hearing, which is preliminary to a trial in the case.
Though Athans provided a statement to police describing how he paid Martin cash for oral sex in a 15-minute tryst, he faces no charges in the case.
However, "If it goes to trial (Athans) will have to be here to testify," said Troy Assistant City Attorney Allan Motzny.
Cusumano, who is representing Martin for free at the behest of her parents, has filed several motions in the case seeking to dismiss the prostitution charge and suppress evidence which he claims was the result of an illegal search of Martin's hotel room. Bolle still has to rule on those motions and Tuesday's hearing was adjourned until next week.
"At this hearing all that is relevant is that (police) officers had information on which to base an arrest," Motzny said.
City prosecutors say they have offered to reduce the prostitution charge against Martin to disorderly conduct, but Cusumano has said he wants the case dismissed and will go to trial if the charge isn't dropped completely. Cusumano has also said Athans was motivated to cooperate with police since he faces no charges while his client does.
Three Troy police officers testified Tuesday. Two employees at the Residence Inn are also scheduled to testify next week. Bolle is set to decide Friday on what day the evidentiary hearing will resume. After the hearing concludes, Bolle will decide whether to order a trial or dismiss the charge against Martin.
Police officers Tuesday outlined how they identified a suspected prostitution ring at the Residence Inn through ads on the Internet. Troy Detective Sgt. Scott Salter testified how surveillance officers in a room at the hotel saw Athans drive up and enter Martin's room in a silver Cadillac and leave 15 minutes later. Police officers followed Athans' car and stopped it on I-75 near M-59, Salter said. Athans cooperated after first appearing hesitant about talking to investigators, Salter said.
"He let me know he got a (telephone) number from an ad on Craigslist," said Salter, adding that Athans gave exact details of Martin's room, her appearance and tattoos, and what he did there.
"He placed $150 on the counter then she went upstairs," Salter said. "She came back and he received oral sex. When the act was complete he left."
Athans was allowed to drive away after he wrote out a statement.
Salter and several other officers then went to Martin's room with a hotel employee, who told Martin she was being evicted.
Salter talked briefly with Martin before she became uncooperative and was arrested, he said.
"She let me know she was a dancer at topless clubs," Salter said. "She told me she had only been doing (prostitution) for about a week."
Police found used condoms in the room along with sex toys and lingerie, Salter said.
Police said they confiscated $421 in cash, a cell phone and laptop computer.
Athans asserted in a police statement that Martin committed the crime.
He's a pretty relevant witness for the defense to depose.
I agree with you.
Where are the relevant PICS?
By the way, wasn’t everyone shocked when he drove a silver Caddy into her hotel room? LOL.
I’m curious which political party this Senator is a member of. Hmm. Let me re-read the article, it must be in there somewhere.
“I’m the husband of an important Democrat policitian. The laws should not apply to my wife or to me.”
MI ping.
She must be an Independent!!!
Will it be an affadavit, or will he give oral testimony?
If you would like to be added or dropped from the Michigan ping list, please freepmail me.
Not guilty
Guilty
Guilty
Democrat culture of corruption... and sleaze... BUMP!
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