Detroit Free Press from Detroit, Michigan • 4

4A WWW.FREEP.COM SATURDAY, JULY 17, 2010 REELING FROM THE WEATHER Michigan vi Prosecutor Christine Kowal was cited for contempt in April 2009 by Circuit Judge Michael Hathaway. -V7 Court: Jailing by judge too much LANSING Ruling on attorneys overturned The state Supreme Court overturned its own 2-month-old order Friday, throwing out a class-action challenge to the state's system of providing attorneys to indigent defendants. The 4-3 ruling ends for now a challenge filed by the American Civil Liberties Union to indigent defense in Berrien, Genesee and Muskegon counties that could have resulted in significant costs to the state's court system to provide additional and more experienced attorneys to defendants who can't afford their own lawyers. Only two months ago, the court unanimously upheld an appellate ruling to allow the case to proceed to trial. But Justice Stephen Markman, in a concurring opinion released Friday, said that decision was erroneous.

Siding with an opinion by a dissenting judge on the Court of Appeals, Markman said there is no constitutional guarantee that an indigent defendant be provided a particular attorney, one of a particular skill level or that the defendant and his or her counsel have a right to "a meaningful relationship." Joining Markman were Justices Maura Corrigan and Robert Young Jr. Justice Elizabeth Weaver supported the result but did not sign Markman's concurrence. Chief Justice Marilyn Kelly and Justices Michael Cavanagh and Diane Hathaway dissented. "We are shocked and disturbed by the Supreme Court's about-face," said Michael Steinberg, ACLU of Michigan legal director. El Photos by MATT HELMSDetroit Free Press Traffic passes a downed tree Friday on Coolidge in Berkley.

Thursday's storms left neighborhoods across the city strewn with downed limbs. The National Weather Service says Sunday may be a lot worse. ayrae 9 Worst of st onus may still be ahead. 1 By JOE SWICKARD FREE PRESS STAFF WRITER Controversial Wayne County homicide prosecutor Christine Kowal was cleared Friday by an appellate court decision that said she shouldn't have been locked up after a heated exchange with a trial judge at a sentencing. Wayne County Prosecutor Kym Worthy said that Kowal was advocating for a victim's family when Circuit Judge Michael Hathaway cited her for contempt in April 2009.

"We appealed the judge's ruling because she was thrown in jail for attempting to do her job," Worthy said. The Michigan Court of Appeals, in a decision released Friday, said that Hathaway went too far in reprimanding Kowal for her comments during a sentencing. Hathaway was within bounds, the appellate panel said, when he cut off Kowal's "lecture," but he was wrong to silence her when she then tried to speak on relevant topics. In the hearing, Kowal told Hathaway she was "very disappointed with the court's factual findings" in convicting a defendant of assaults, but not murder, in a drug shooting. After more exchanges, Hathaway said that he wasn't "interested in getting a lecture from (Kowal) about how disappointed you are in me on any level." The judge said Kowal was in "deep contempt," and ordered her locked up.

She was released by the end of the day. Kowal, a veteran homicide prosecutor, has been praised by victims' families as a passionate advocate, but many defense attorneys say she is a zealot who loses sight of justice and fair tactics in pursuit of convictions. Over the years, appellate courts have repeatedly chastised her tactics even while upholding the convictions. A--A 5 LIVONIA Driver in crash pleads not guilty The driver in a crash that left an 18-year-old Livonia man dead June 29 pleaded not guilty Friday to a charge of homicide-manslaughter with a motor vehicle. Dominic Necovski, 18, of Dearborn Heights was arraigned in 16th District Court before Judge Sean Kava-nagh.

Necovski is free on bond and has a preliminary examination scheduled for July 29. Livonia police said Necovski lost control as he was driving on Eckles south of 5 Mile about 3:30 a.m. and hit a tree. Bradley Lashbrook, a front-seat passenger, died. The car was traveling at least 80 m.p.h.

in an area with a speed limit, police said. REDFORD TOWNSHIP Cops: Man rams vehicle, causes 5-car crash A five-car crash occurred at 1:30 p.m. Friday on Beech Daly Road when a man intentionally rammed a woman's car as they both were going north, causing them to crash into southbound traffic, police said. The crash included one vehicle striking a house at Beech Daly and Davison and another flipping over. Police arrested the man who hit the woman's car.

Macomb EASTPOINTE Hearing set in door theft case A preliminary exam is set for Aug. 4 for Keith Farmer, 54, who is charged with stealing storm doors from homes and loading them into a minivan, police said Friday. He was being held in the Macomb County Jail after arraignment Thursday. Police received complaints Wednesday that the occupants of a silver Plymouth minivan were taking storm doors off homes with a crowbar and fleeing. After officers stopped the van at Cushing and Sprenger, they found five storm doors and a crowbar in the back.

Sunday is to bring severe weather By CECIL ANGEL and MATT HELMS FREE PRESS STAFF WRITERS There could be another round of heavy rain, strong winds, flooding and downed trees and power lines this weekend. Even as many metro Detroit-ers still were cleaning up and getting their electricity restored after Thursday evening's storms, the National Weather Service office in White Lake Township says it may be a lot worse on Sunday. Thunderstorms bringing large hail and winds in excess of 70 m.p.h. are expected to batter the area 8 a.m.-8 p.m. Sunday.

On and off rains are expected today. "Sunday's storms have the potential to be severe," said Dave Kook, a meteorologist with the National Weather Service. Thursday's storm knocked out power to 114,000 DTE Energy customers. Power had been restored to 80,000 by 4:30 p.m. Lynn Pilarski of Berkley cleans up storm debris from her yard on Friday.

She said the storms also flooded her basement with backed-up water. Friday, and the rest including 18,000 in Oakland County and 13,000 in Wayne County were to have electricity restored over the weekend. "So, we're moving in the right direction," DTE spokeswoman Eileen Dixon said. Kook said that the storms this month unlike in June, where there were an unusual number of tornadoes are "typical of the summer." Thursday's storms brought some cooler air after a day with temperatures in the mid-90s. Ypsilanti was the state's hot spot Thursday, at 95, while Adrian and Monroe hit 93 degrees.

After the storms rolled through, temperatures statewide fell into the 60s and 70s. While today's forecast calls for a low of 72 degrees, the high temperature is to reach 90. On Sunday, the low is to be 71, and the high 88. CONTACT MATT HELMS: 313-2221450 OR MHELMSFREEPRESS.COM RESCUE in DETROIT Oakland -1' PONTIAC Cooper, Ferndale cops end feud Oakland County Prosecutor Jessica Cooper and Fern-dale's new police chief said they met this week and resolved a nearly year-old feud between Cooper's office and the Ferndale Police Department. "We've had a very professional and friendly meeting," Cooper said Thursday.

In March, Cooper told Ferndale Mayor Craig Covey that command officers had gone public with sensitive information, violating privacy laws and jeopardizing cases. Her office stopped accepting Ferndale's electronic warrant requests, police said. After this week's meeting, Ferndale resumed sending electronic transmissions, Acting Chief Tim Collins said. "We've got a new administration here, and we're on the same page again," Collins said, referring to the retirement in June of former Chief Mike Kitchen. COMPILED FROM REPORTS BY DAWSON BELL, ERIC D.

LAWRENCE, CHRISTINA HALL, CECIL ANGEL AND BILL LAITNER BILL EISNEPv'Special to the Free Press Firefighters tend to a woman rescued Friday from a house fire at Elmdale and Annsbury, near Conner and 1-94 on Detroit's east side. Another person was able to get out safely, and the woman was taken to a hospital. Two firefighters suffered minor burns. since 1993 15732 W. 7 Mile Rd.

Detroit, ML, 1 Blk. W. of Greenfield DEE! 00 Kilpatrick legal team may grow James Thomas, the lawyer representing ex-Detroit Mayor Kwame Kilpatrick on tax and fraud charges, is seeking a judge's approval to add two attorneys to the defense team. Like Thomas, Joseph Nis-kar and Michael Naughton would be paid by taxpayers because Kilpatrick says he can't afford lawyers. In a court filing Friday, Thomas said Kilpat-rick's defense would be severely impaired without additional help in a complex case.

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