BY BENJAMIN J. GOHS, NEWS EDITOR
Except for an apparent technicality, the Michigan Court of Appeals has denied all complaints against Charlevoix County Prosecutor Allen Telgenhof.
The full seven-page opinion document is included in the paid version of this story
CHARLEVOIX Court upholds most of Telgenhof complaint dismissal
CHARLEVOIX — The
Michigan Court of Appeals has upheld most of a judge's decision not to
establish a one-person grand jury to investigate allegations of
wrongdoing by Charlevoix County Prosecuting Attorney Allen Telgenhof.
In its opinion
issued on Oct. 27, the three-judge panel denied most of an appeal filed
by Bay Township resident Robert Taylor asking the court to reverse an
earlier circuit court judge's refusal to initiate an investigation into
allegations Taylor has made against Telgenhof regarding election law
violations, a domestic violence complaint, misuses of a county credit
card and forced entry into a storage facility.
The court of appeals
upheld Otsego County Circuit Court Judge Janet M. Allen's opinion and
order declining to initiate grand jury investigation proceedings against
Telgenhof on the domestic violence, credit card, and forced entry
allegations, but vacated the judge's findings in declining to
investigate further on the election law and perjury allegations.
The court of appeals
found that Judge Allen did not abuse her discretion in finding that
there was not probable cause to support further action regarding the
domestic violence allegation.
On May 21, 2011, Telgenhof’s wife called 911 to report domestic violence on Allen Telgenhof.
His wife’s handwritten statement to the police:
“I was sitting on the livingroom couch and Al came in the living room accusing me of texting an old boyfriend on another telephone. He tackled me on the couch and held me down preventing me from getting my cell phone. He was reaching in my shirt and down in the couch trying to find a cell phone. I tried many, many times to get up and to scream, but Allen kept shoving his hand over my mouth to prevent me from screaming for help. I could not breath. When he would take his hand off my mouth, I would again scream and he put it back on again. He also bit me at least three times. I told him I wanted my phone to call 911 and he prevented me from doing that. He told me he knew the law and that as long as I wasn’t in the process of making a cell call that he would not be in trouble for not letting me have my phone to call 911. I tried to get the phone by kicking it toward me with my foot, but was unable. Many times I was unable to breath. He told me no one would help me. He finally let me up, but would not give me my cell phone to make a 911call. I finally used the house phone.” From the FOIA Request
The 911 tape https://docs.google.com/file/d/0B8vbQh1II8q9bVBrSHl5aElXbTQ/edit?usp=sharing