4. (1-13-11), 6pm MEETING OF COUNTY COMMISSIONERS

Notes from Emmet County Commissioner's Regular meeting, at 6 pm on January 13, 2011.


Moved freedom of information act appeal to first item.


Kathleen Abbott (Civil Counsel)

-Named Joel's Lawyer, expecting him not to be there, and then introduced the prosecuting attorney, stated he and his assistant would speak to commission about this matter.


James R. Linderman (Prosecuting Attorney)

-Listed previous appeals that had been made on Joel's case, and that they all had been denied.

-Stated that they had previously already handed over all the requested evidence in the first trial.

-Said that this evidence can be requested in a future appeal


Kathleen Abbott (Civil Counsel)

-Brief overview of the evidence requested was given

-Stated that the Michigan State Police have the items in question, not them. Did not feel the county was obligated to produce them.

-Brought up medical records, said liability has been reviewed.

-Stated that they had agreed to give info to defense, but only with all information removed, since the subject of the info was known

-Stated it was not the County's responsibility to pursue this matter, further


Lester J. Atchison (County Commissioner)

-inquired into whereabouts of computer in question


James R. Linderman (Prosecuting Attorney)

-Stated that he does not know where the computer is, last he knew the state police have it.


Lester J. Atchison (County Commissioner)

-asked if someone should keep the records, and who has the burden of responsibility in connection to the whereabouts of the evidence.


James R. Linderman (Prosecuting Attorney)

-Stated that he does not know where the computer or copy of contents are, immaterial as they have previously been given out.


Kathleen Abbott (Civil Counsel)

-said there is a process and set of requirements for record retention, but did not wish to disclose

-stated they had submitted three draft resolutions for the commission,


James E. Tamlyn (County Commissioner)

-which one should we choose?

Kathleen Abbott (Civil Counsel)

-said she was confident that they were not obligated to give anything further to defense than they have already provided


full commission

-motioned, seconded and carried an undisclosed motion.




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