On February 26, 2008, Special Investigation (SIU) for the City of Troy, Michigan, initiated a sting operation on a suspected prostitution ring. Detective Mork, an officer which identifies and investigates internet crimes, went to
http://www.backpage.com/. On that site Mork alleges to have hit a page which he claimed advertised prostitution. The page was captured and archived at thesmokinggun web site which is hyperlinked below.
http://www.thesmokinggun.com/archive/years/2008/0402081stabenow4.htmlOn February 26, 2008, the SIU officers went to the Residence Inn in Troy and established surveillance on Unit 1822. An officer wanted to be positioned directly west of Unit 1822 and asked the Residence Inn manager for a room to set up surveillance. The units directly west which offered an unobstructed view were all occupied by guests, so the officer had to settle for a unit to the northwest. The view was obstructed by a tree and the roof over the stairs. Not letting this fact get in the way, the detective wrote in the official report that "room 1024, which is positioned directly west of 1822...offers an unobstructed view of the door to the room." The detective was probably just monitoring automobiles which drove up, and assumed if a person exited that the person that he/she was visiting room unit 1822. At approximately 6:05 PM an individual male driving a Silver 4 door Cadillac Deville drove up, exited his vehicle, and went up the stairs. According to the Detective watching the man left approximately 15 minutes later. The official report and a summary (factually flawed and inaccurate as it is) can be viewed at the following site:
http://www.thesmokinggun.com/archive/years/2008/0402081stabenow1.htmlThe Detroit News and Detroit Free Press broke the story in early April after a FOIA request. The story hit the national news cycle immediately and was widely reported based on the reports from these two sources. The occupant of the Cadillac Deville was the legal spouse of U.S. Senator Deborah Stabenow, and no charges of any kind were brought against him relative to this incident.
http://www.cnn.com/2008/POLITICS/04/02/senators.husband/Several items should immediately become apparent to a critical reader of the the official report. Many persons reading the news account were angry and disappointed that Athans, the Senator's spouse, was not arrested, charged or otherwise inconvenienced by the police officers and a 20 year old girl was being labelled and vilified in the press. However, what caught attorney Cusumano's eye was the release from the scene of the traffic stop on
February 26, 2008 and ticketing of Athans for Driving While License Suspended issued a full day
later on February 27, 2008. Had any other person stopped for 15 minutes at a suspected prostitution operation , that person would have been, at the very least, arrested, searched, car impounded, or any combination. If the individual would have been a woman, a minority male, or anyone else other then a "politically connected" and "important person" the suspicion of the SIU would have triggered a complete "forfeiture shake down" of the suspected john/madame/pimp, and a
complete search on the car and it's contents and a "charge up" of crimes to the hilt. Additionally, the suspect would have been spun 180 degrees on his/her heels and driven back to the hotel room for live identification of the alleged prostitute.
Other statements by Lt. Scherlinck, public relations specialist of the Troy Police Department, simply did not make sense. On April 3, 2008, Jennifer Chambers of the Detroit News interviewed Lt. Scherlinck of the Troy Police Department. Scherlinck is quoted as stating the following: "Athans fully cooperated with officers during questioning and never identified himself as Stabenow's spouse." Yet the police report indicated that Athans was evasive in his answers. Later the police patrol car Audio/Video showed in the first 30 seconds of the stop, Detective Jones stated to Athans that the car is "not registered" to Athans. Implicit in the conversation is that the registration had been run on the vehicle by Troy Police before the stop and questioning and that Jones was aware of the registration information. Athans responded that the vehicle is registered to"me and my wife Debbie Stabenow." This is in the first 30 seconds of the exchange. Of course, everyone knew who Thomas Athans was and to suggest otherwise is insulting to the intelligence of the public.
Scherlinck continued in the interview that, "He [Athans] was told he would be called as a witness to testify and positively identify the woman if the case goes to trial." In the last several minutes of the audio/video, an officer states (paraphrased) that "we hit them with as much information as possible and they take the ticket and run.. You will probably never hear from us again." In other words, the alleged prostitute is predicted to jump bond and run. Scherlinck continued to spin doctor the story: "There is no hiding it. You have to write a statement and testify in court and your name appears in a police report. According to Scherlinck, as quoted by the Detroit News, after being released, Athans was later issued a ticket by Troy police for driving with a suspended license. The officers who interviewed Athans did not have a computer to check whether Athans' license was valid. A check performed later revealed Athans' license was suspended (DWLS). A ticket was mailed to his address in Lansing." This statement is just plain false. The suspension was discussed with Athans in the patrol car audio/video at the stop and before Athans' release. More plausible and probable is that the police simply gave Athans VIP treatment, by virtue of his marriage to a sitting U.S. Senator.
Some have argued that more disturbing is that Athans is above suspicion and the law. There is no other reasonable explanation for this disparate treatment of a confessed criminal and the Defendant when she is arrested. Peace officers, sworn to enforce the laws of the State of Michigan, do nothing to enforce any of the admitted violations of law committed by Athans. Aside from the prostitution charges waived by the SIU detectives, in a sort of "street justice" the DWLS is open and shut, at the scene of the stop, yet Athans was allowed to drive away, only to be ticketed the next day by certified mail.
The alleged prostitute was not questioned about whether she was, in fact, assaulted by Athans. Athans is above suspicion in the investigation, both at the stop and in the handling of the defendant. Due to the prejudice and VIP treatment of Athans, it is impossible to determine the extent of his criminal activity, other then what he confessed to in his written statement. Here are some sobering statistics from a research study:
82% of these respondents reported having been physically assaulted since entering prostitution of these 55% had been assaulted by customers;
88% had been physically threatened while in prostitution;
83% had been physically threatened with a weapon;
68% reported having been raped since entering prostitution;
48% had been raped more than five times; and
46% those who reported rapes stated that they had been raped by customers.
Ms. Martin was not allowed to be medically examined, nor questioned in any manner relative to the activities of Athans. The investigation began and ended with the goal of punishing the alleged prostitute. To date, no disciplinary action has been taken or is known to be contemplated against any of the officers involved in this inaction either at the stop of Athans or at the arrest of Alycia Martin by the Troy Police Department which tacitly approves this conduct.
Athans was released "scot free" after a slight delay and sent on his way. Any Michigan resident knows the route he was taking on north I-75 would not have been the most direct route to Athans' home in Lansing; that direct route from downtown Detroit being I-96. Wherever he was going that night, he was sent on his way, with his car and suspended license in hand.
Subsequent investigation showed that he was never even threatened with arrest or prosecution on the prostitution issue or the DWLS. Athans vehicle was stopped several cities away from the Troy City limits up I-75. The dialogue between the officers and Athans is congenial and friendly. It is openly discussed, as the officer in the patrol car runs Athans, that he has a suspended license out of the District Court in Charlotte, Michigan. Athans is not arrested, ticketed or detained. Athans' car, at least should have been impounded. At one point the officers and Athans share a laugh about the time it took him, according to Athans, to copulate compared to the timing the SIU officers took. After giving a witness statement the Detectives reassured him that "we hit them with all the information..and they always run." This means that the alleged prostitutes are, according to the officer, supposed to jump bond and become fugitive. Athans was told "you will never hear from us again..." before being escorted back to his Cadillac Deville. An officer shakes his hand and Athans
is allowed to drive away on a suspended license. This must have made Athans very happy.
Attorney Cusumano, like many persons reading the story, was outraged and began to write on a blog hosted at
http://www.huffingtonpost.com/. Although not actively practicing for almost 10 years, he read a post, before her scheduled Court date of April 22, 2008, in which the family of Alycia Martin said she had disappeared
before her scheduled Court date. This page was still active as of August 8, 2008.
http://www.huffingtonpost.com/2008/04/02/alycia-martin-alleged-pro_n_94706.html. April 22, 2008 came and went and Alycia Martin did not appear for her Troy Court date. A warrant was issued for her arrest. Cusumano e-mailed the address posted and contacted a family member that had contact with Alycia. Cusumano agreed to represent her pro bono if she decided to turn herself in. Cusumano agreed that if she called, he would
pick her up immediately and take her to a place of safety and present her to the various Court where she had warrants, and ultimately to the 52-3 District Court in Troy, Michigan. Cusumano, as all other members of the State Bar of Michigan is listed as an active member in good standing and the relatives confirmed his identity. Martin had two other cases, one in Warren, Michigan for DWLS (the same charge as Athan's coincidentally) and one in Wayne for Minor in Possession of Alcohol.
On April 28, 2008, Cusumano received a call from an aunt of Alycia that lived in New England. The aunt indicated that Alycia had told her she was being moved from hotel to hotel, Alycia had not been given food for two days, and was told she was to be transported out of the state of Michigan a fugitive by a handler. Alycia had called her and said she wanted to turn herself in. This was the first and most important step in her recovery and survivorship.
Cusumano, true to his word, left his work and picked her up at a hotel in Roseville, Michigan. Due to the late hour, it was impossible to bring her into Court that day. Additionally, Ms. Martin's entire worldly possessions fit into a single athletic bag. This is one of the rules of the "game," if you leave, you will leave destitute. Cusumano called his wife, Julianne, and after getting Ms. Martin's clothing size, Mrs. Cusumano went to a store and purchased clothing for Ms. Martin to wear both in and out of Court. Cusumano then told Ms. Martin that she could go anywhere she wanted to eat, and she chose Red Lobster, which is the highest end fine dining she had ever known. After getting her a meal she was dropped off at a safe location for the night.
The next day, April 29, 2008, Alycia was given her clothes Julianne Cusumano had purchased for her and after stopping for breakfast, Ms. Martin was presented at the Wayne District Court. It was thought on a warrant for her arrest. The clerk simply looked down and checked off Martin's name on a list at the Clerk of the Court window. Cusumano asked, "what is that list? She is here on a warrant." "No she isn't, today is her Court date on the Probation violation," replied the Clerk. Cusumano had repeatedly told Martin that there was a "slim chance" she could stay out of jail. The only reason to allow her to stay out was that she now had an attorney representing her. Hopefully, it would be different, Cusumano told her, "you have me standing next to you, I have a "P" [law license for State Bar of Michigan] number." In fact, her Wayne hearing was scheduled for that day. There were repeated indications over the course of this case that indicate providence was at work in helping Ms. Martin through this period in her life. Martin was sent down to probation met with Amy, the probationary officer, and went before Judge Laura Mack of the 29th Dirict Court. Cusumano overheard Amy tell Alycia, "whatever has happened in the past is in the past, today and tomorrow are up to you," and recommended dismissal of the entire case. Judge Mack showed some compassion which Alycia had never experienced from the judicial system. Mack closed the case, saying to Ms. Martin, "you have bigger fish to fry in Troy. Good luck to you."
Cusumano acknowledged that Martin had a warrant in Troy, but Mack, on Cusumano's word as an officer of the Court, declined to have her arrested on the spot. "We are on our way to Troy," Cusumano assured the Court, and the Court listened. Next stop was Warren's 37th District Court, where Judge Jennifer Faunce, recalled the warrant from that Court. Finally, came Troy.
On July 22, 2008, Alycia Martin received her first full Michigan Driver's License at the Westland Michigan Secretary of State (SOS). The picture at left shows her getting her license photograph taken. Alycia is also now registered to vote and intends to do so in the upcoming presidential election. Given the difficulties reassembling Alycia's birth certificate, identification, and the post 9/11 requirements, Attorney Frank Cusumano, Jr. considers Alycia's Drivers License one of the most important milestones in his representation. After five trips to the Secretary of State's Branch Offices (including obtaining her temporary learner's permit), four appearances in the 37th District Court, rental of a car for her road test, and three calls to the toll free Secretary of States' telephone, Alycia finally got her first driver's license. During the Driver's Road Test Alycia hit the cones twice on the parallel parking, and on the third and last allowable try parked the rental car perfectly. Alycia commented to Cusumano when he dropped her off that afternoon, "I would never have gotten this (my driver's license) if it wasn't for you." Alycia intends to protect her license by driving defensively and carefully.
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