Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
By RICHARD JENKINS
HOUGHTON — Gogebic County Circuit Judge Michael Pope can continue to preside over the case of an inmate accused of escaping from the Gogebic County Jail, after 12th Circuit County Judge Charles Gibson affirmed Pope’s denial of a defense motion that he recuse himself.
Daniel G. Ferguson, 27, of Mercer, is facing three breaking and entering charges and one count of escaping jail while awaiting trial on a felony after authorities say he escaped from the Gogebic County Jail the evening of June 19, 2017.
Ferguson pleaded guilty to the escape charge and one breaking and entering charge in August 2017 and was sentenced in October. His plea was withdrawn in May, as Gogebic County Prosecutor Nick Jacobs explained Ferguson’s attorney successfully challenged procedural aspects of the sentence.
At an Aug. 7 hearing, Pope rejected the motion a new judge preside over the rest of the case due to Pope hearing Ferguson’s guilty plea and sentencing.
“Judge Pope’s prior involvement in this matter has resulted in his knowledge of defendant’s guilty pleas and further the stated factual basis for such pleas,” Goodman writes, summarizing the defense’s position in his order upholding Pope’s decision. “Based upon Judge Pope’s prior involvement he cannot be unbiased toward this defendant and should not preside over any further trials or post-verdict matters.”
Both Pope’s decision and Goodman’s order said case law required “actual bias or personal prejudice” be established to disqualify a judge — which wasn’t established in the case.
Both Jacobs and Ferguson’s new attorney, Jim McKenzie, explained Goodman reviewed the matter as part of the state’s procedure of having a second judge review recusal decisions.
Ferguson also faces several misdemeanor driving-related charges he was originally arrested on. However, Jacobs said Ferguson has already served more jail or prison time than the maximum sentences for those charges — so it is unlikely he will serve any additional time behind bars on those counts.
Ferguson still has an active hold on his record from the state of Wisconsin, according to Jacobs, where Ferguson was on probation at the time of his arrest.
Ferguson was on probation in Iron County, Wis., for felony false imprisonment and misdemeanor battery stemming from a 2015 domestic violence case. According to online Wisconsin court records, Ferguson was sentenced to two years in prison — which was stayed — and three years extended supervision on the charge in July 2015.
Jacobs said any new consequences in Wisconsin for violating his probation will wait until after Ferguson serves any sentence in Michigan.
With the issue of who is presiding over the case going forward settled, it can now move forward with a motion hearing scheduled for today and a trial scheduled to begin Oct. 30.