Judge Brian MacKenzie
Updated: Saturday, 10:17 a.m. : Novi District Judge Brian MacKenzie issued a press release Friday attacking Oakland County Prosecutor Jessica Cooper for going after him.
The release says, in parts:
Cooper’s headline grabbing stream of attacks against MacKenzie has been, and doubtless will continue to be, an enormous waste of taxpayer money and a gross misuse of the resources of her office.
MacKenzie’s innocence is clear and has been repeatedly proven. The only question that remains is at what point will the media turn its spotlight back on Cooper and her office and hold her accountable for dragging MacKenzie’s name through the mud?
Attempts to reach someone from the Oakland County Prosecutor's Office for comment on Saturday were unsuccessful. Someone from the warrants division said to call back Monday. Deadline Detroit also sent a copy of the email was sent to the general email box for the office. Allan Lengel
Look for the full press release at the end of the article.
From Friday
Novi Judge Brian MacKenzie, who has had his share of controversy, and is up for re-election in November, caught a break late Thursday.
L.L. Brasier and John Wisely of the Detroit Free Press report that Oakland County Circuit Judge Colleen O'Brien has decided not to hold him in contempt of court after Oakland County Prosecutor Jessica Cooper charged that he was failing to provide her with records of domestic violence cases as ordered by the court.
The Freep wrote:
Oakland County Circuit Court Judge Colleen O’Brien ruled that while Cooper could show that MacKenzie had failed to provide two cases, there was not enough evidence that he should be found in contempt.
“The court does not find that the failure to disclose two cases would rise to the level of contempt,” O’Brien wrote. “This failure does not evidence a “willful disregard or disobedience of the authority or orders of the court.”
The Freep reports that the judge did side with Cooper, who had filed a 32-page complaint seeking the contempt charge. Cooper alleged that her staff found evidence that MacKenzie was improperly handling domestic violence cases, handling repeat offenders as first-time offenders, delaying their sentences and granting them probation.
“This court shares the prosecutor’s concerns regarding the inaccuracies of the Register of Action for many of the cases brought to the court’s attention,” O’Brien wrote.
The judge was also concerned about Cooper's allegations that MacKenzie had failed to notify Michigan State Police when domestic violence offenders re-offended as required by law. The Freep reports that Cooper has notified the State Court Administrative Office.
Judge O'Brien applauded Cooper for doing that.
Full Press Release
JUDGE MACKENZIE (AGAIN) FOUND INNOCENT OF PROSECUTOR COOPER’S CHARGES
NOVI, MI -- Oakland County Prosecutor Jessica Cooper’s latest barrage of reckless accusations against award winning Novi District Judge Brian MacKenzie were dismissed yesterday by Circuit Judge Colleen O’Brien.
Cooper’s accusations were so clearly false that the case was dismissed solely on briefs, without hearing, and without the taking of testimony and oral argument.
O’Brien dismissed Cooper’s complaint writing, “Even the prosecutor’s office recognizes the over breadth of its arguments.”
Since November 2013, Cooper has complained about sentences given when her office failed to attend or participate in sentencing hearings even though under a duty to do so.
Then after receiving a copy of the sentence, Cooper failed to file a timely motion for rehearing claiming judicial error or any legal impediment to the sentence given.
Cooper then failed to file a timely appeal, although given an additional six months to do so. Now, years too late, after her office repeatedly failed to appear at sentencing hearings, and after failing to file a motion seeking a rehearing or to take a timely appeal, Cooper finally complained about these sentences.
“The public is witnessing repeated neglect by Cooper and her office to perform its legal duties, as well as her attempt to blame a judge for her and her office’s neglect,” Judge MacKenzie said
Using McCarthy-like tactics, Cooper continues to throw out wild charges, even as her previous charges are disproven. And this week saw Cooper level new charges against MacKenzie.
A simple review of the court file proves Cooper’s latest assault is false and will be quickly dismissed, as have her other charges.
Cooper’s headline grabbing stream of attacks against MacKenzie has been, and doubtless will continue to be, an enormous waste of taxpayer money and a gross misuse of the resources of her office.
MacKenzie’s innocence is clear and has been repeatedly proven. The only question that remains is at what point will the media turn its spotlight back on Cooper and her office and hold her accountable for dragging MacKenzie’s name through the mud?
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