Prosecution claims dog cage used as punishment in child abuse case

By RICHARD JENKINS

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Bessemer - Allegations of being locked in a dog cage, being physically beaten and made to taste soiled underwear were the focus of testimony as the prosecution began its case in Gogebic County Circuit Court Tuesday against a Bessemer man facing child abuse charges.

Matthew James LaPlant, 31, is charged with one count of first degree child abuse, two counts of second degree child abuse and one count of unlawful imprisonment. All four counts are felonies, with first degree child abuse carrying a potential maximum sentence of up to life in prison.

Following opening arguments from both sides, Gogebic County Chief Assistant Prosecutor Tracie Wittla called a number of law enforcement officers, Michigan Department of Health and Human Services workers and others to the stand to testify regarding the alleged abuse the 7-year-old son of LaPlant's ex-girlfriend suffered while he and his mom were living with LaPlant on South Barber Street in Bessemer's Yale location.

While she didn't appear in person, a transcript of testimony the alleged victim's mother gave at an earlier court appearance in the case was read into the record for the jury to hear.

She said she believed her relationship with LaPlant began in December 2016, and continued until March 7, 2018. According to witnesses, the abuse allegations began to be investigated on March 8.

The mother's testimony said LaPlant sent text messages saying he didn't like to watch the child as the child had trouble listening and there were repeated instances of LaPlant hitting, spanking or otherwise being violent toward the child; as well as using profanity toward him.

"There's been multiple times I've seen him hit (the victim), and punch (him) in the nose to where it bleeds. Multiple spankings on the butt. I've seen him twist and grab (the victim's) arm on March 7," the mother's testimony reads. "He would hit him anywhere he could hit him."

The alleged abuse began in January 2018, according to her testimony.

She also testified LaPlant would make the child stay in the dog cage for hours at a time, using a screwdriver to lock the door shut. While she said the child could remove the screwdriver to get food, the mother testified he slept in the cage and sometimes would go to the bathroom in his pants while in the cage. Being put in the cage was punishment for not listening and peeling paint off the walls, according to the testimony.

She said she failed to prevent this out of fear for what LaPlant would do.

"I was scared Matt was going to come after me," she said, citing his actions when she left on March 8 as the basis of her fear.

While her direct examination testimony focused on the abuse she said LaPlant inflicted on her son; LaPlant's attorney, Douglas Muskett, got her to admit she also hit, insulted and put the boy in the dog kennel. Her testimony in the earlier case led to her also being charged with the same four felonies LaPlant is facing. Her case is still in the court system.

She also testified during cross-examination in the earlier hearing that LaPlant never actually hit her, but said she felt threatened when he yelled during arguments.

Over the course of Tuesday's witness testimony, Wittla laid out the timeline surrounding the allegations coming to light.

Wittla first called Gogebic County Sheriff's Department deputy Jesse Yesney to the stand to testify he was one of the officers dispatched to a "civil standby," where officers are on hand to help someone move out or access their belongings during a potentially confrontational situation.

Yesney testified he left the scene after the child and his mother were able to get some of their belongings and leave in a taxi without incident.

The taxi took the pair to the DOVE Inc. shelter in Ironwood. It was at the shelter that workers began to suspect the child may have been abused.

Amber Hendrickson, who worked at DOVE in March 2018, said she suspected the child had been abused when he arrived at the shelter. Based on her suspicions, Ironwood Public Safety Department Sgt. Matt Sterbenz and Brad Smith - a child protective services worker with the Michigan Department of Health and Human Services - interviewed the child and his mother.

While Sterbenz said Smith conducted most of the interview with the child, both witnesses testified he only identified one person - LaPlant - as his abuser to him.

Smith acknowledged - when questioned by Muskett - while he originally believed the child was only abused by one person, it now appears the child was allegedly abused by two people.

Based on the interviews at DOVE, members of the Gogebic County Sheriff's Department obtained a search warrant for the Barber Street residence; seizing a dog kennel, screwdriver and photographs of the house as evidence during the search.

The final witness to testify Tuesday was Daniel McRae, the other deputy involved in the original civil standby and who would later become the primary officer in the case.

McRae said LaPlant had no objection to the child and his mother leaving during the original interaction. He testified he was contacted again once the abuse allegations at DOVE came to light and interviewed the mother. As with the other witnesses, McRae testified the mother identified LaPlant as the source of the alleged abuse.

McRae later interviewed LaPlant, short excerpts of which were also played for the jury. While LaPlant initially denied putting the child in the cage, McRae said he later acknowledged having done it on occassion. LaPlant said he never locked the cage when the child was in it, and the child's mother was the one who would leave him there for long periods of time.

He also denied forcing the child to put soiled underwear in his mouth, according to McRae, who said LaPlant brought up the matter prior to being questioned about it.

While the prosecution's case was directed at LaPlant's guilt, Muskett's cross-examination questions and opening statement focused on the victim's mother as the source of the abuse. He argued authorities decided to look no further than LaPlant once the child identified him as his abuser, when in reality the boy was lying to cover for his mother or doing what he thought she wanted.

"(The victim) is lying. The question for you is to decide is how much is he lying about, why is he lying and what's he doing it for," Muskett said during his opening statement.

While Gogebic County Circuit Judge Michael Pope's ruling allowed the trial to continue, a defense motion for a mistrial Tuesday afternoon almost ended proceedings several days early. At issue was Muskett's objection to a question Wittla asked the CPS worker regarding LaPlant's refusal to be interviewed by him.

Muskett argued LaPlant's refusal was based on his advice and protected under the fifth amendment's protection against self-incrimination. Muskett argued raising the question meant the silence could be interpreted as an admission of guilt by jurors and violated his client's constitutional rights.

While Pope ultimately found a mistrial wasn't necessary based on several legal precedents, he did say there may be a jury instruction regarding the matter. The issue will be touched on this morning, prior to the start of the day's proceedings.

Testimony in the case is expected to continue today, including from the victim in the case and more questions for McRae.