MI: Plan for sex offender to live and work in Oakland County during parole is too close to Macomb Co. victim, prosecutor says

Source: theoaklandpress.com 5/19/23

An assistant Macomb County prosecutor has asked the state Supreme Court last week to set 100 miles as the standard of a released prisoner to reside away from their victim.

The current parole plan is for McBrayer to live 16 miles away in Auburn Hills and work in landscaping in Waterford Township, both in Oakland County, and be restricted from entering Macomb County.

“What irresistibly and keenly grabs our attention is because the Parole Board is proposing to place him 16 miles away when Michigan has over 56,000 square miles,” Schmitz said. “A 100-mile distance would be a reasonable standard.

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They want him to reside 100 miles away from his victim wow

What this article overlooks is the fact that he will terminate his sentence in 2026. In July of 2026 it will be legal for him to live next door to his victim. This idiot prosecutor overlooks this fact. If he thinks 16 miles is too close, what will he think if he moved into her neighborhood in 2026?

I did read the case file and they are leaving out some facts. The victim was the one who hired an attorney and filed the appeal of the parole board’s decision to grant him a parole. The victim also sold her house and moved further away in 2022 during the appeal.
The prisoner received the maximum sentence possible because he had a court appointed attorney and has already served 30 years. He was granted a parole in 2011 which was revoked after the victim appealed that decision. He has been locked up since 1993 and will max out his sentence in 2026. He has served a lot of time for his crime. His victim was his step daughter that he sexually abused from when she was 12 until she was 14. I have helped several registrants whose victims were under 10 and few have served more than 5 years.
The victim has a right to be angry because his crime was a serious violation of trust. However, he is being held because she can’t come to terms with the abuse. In 2026, she will no longer be able to harass him and he will be able to continue on with his life.
His prison and psychological records are in his Michigan Supreme Court case file. He only had one disciplinary infraction during 30 years imprisonment for missing a doctor’s appointment. That’s a good prison disciplinary record. He took responsibility for his crime from day one and all of his psychological records came back that he’s a low risk.
The issue isn’t the distance that he’s living from the victim. They turned him down for a transfer to Louisiana which would have put him 1,000 miles from the victim. The issue is that this victim won’t let this go. She has put herself front and center trying to keep him in prison and has made her name, picture and even her former address a public record in fighting against his release. This is vengeance not rehabilitation. Fortunately for him in another three years this will be over. He’s 65 and more than ready to return to society.

Do they do this for any other crime of violence?

Reasonable standard? I do not believe this is reasonable at all.
Case history not withstanding, parole release process gives DOC the option to decide. They obviously didn’t reject his release plan initially.
So only the victims are demanding more be done but she lacks standing, I believe. I take it the County DA had her( former victim) file for an order of protection? The 100 mile ( or any) standard may not be created by the executive branch. Nor is it permissible for Michigan’s Supreme Court to make law.

The problem in this country is forgiveness. Christ never hesitated to die on the cross, even though he knew what he had to go through to forgive us. I think its really sad that as sinners we can’t even do the same, even though we offend God more when we mess up.

Once again, the state (actually the victim’s attorney, according to VOCAL) cannot demonstrate anything to indicate a current threat. All it can do is rehash the original offense. And if he was denied parole to another state (again, according to VOCAL) then its pretty clear that distance is not the issue here.

He be better off if they send him to China He be better off. Michigan Blows!

This lady is digging deep into everything. A man has hired him to do lawn care in the Waterford area. Someone posted all of his licensing information, property records, etc. I can’t say that she posted them, but she is the only one to possess such a deep interest in his case and has been going to the ends of this earth to keep him locked up. I don’t know how this guy can do lawn care in his 60’s.
The PSI is posted which is unusual because it generally contains confidential information, specifically her name and address. She is actually a party to the suit so we can’t really avoid posting her name. We might need to redact some of this to post it on our blog.
They posted a copy of his police ID, police certification, etc. It is surprising that his psychology records are posted on the internet. It seems that this should be a HIPA violation.
There is a lot of information posted. We will sort it out and have links to what we feel is appropriate to release to the public. This will take time, but it will get done.

W-T-F??!! 100 miles away is insane! What if his “victim” was a reconciled family member or consenting underaged partner who doesn’t request or wish for the “perpetrator” to live such a huge distance away?? If someone has a home, family, and a job waiting for them, why should they be required to live a hundred miles away? That’s simply insane!

His stepdaughter sounds like Michigan’s version of Lauren Book. During his prison sentence has she ever reached out to her stepdad or anyone who has dealt with him throughout his time. Her and her attorney have reasons to keep him locked up but are pure assumptions from the above article. I understand he caused her pain as a teen, but it takes courage to be a survivor. Look at the new President of WAR who was raped as teen and had the courage to be a survivor even when she was not taken seriously by law enforcement.

The man will be off parole in 3 years, but this woman wants her pound of flesh. Why would she embitter a person who will have the right to live next door to her in 3 years?

Oakland County is being sued for a LOT of money due to their felonies against an actually innocent man. They act like psychopaths. The officials belong in their own jail before decades in prison. Then after 10 or 20 years when they think its over the US Marshal hauls them to Fed prison for kidnapping charges.

All sting ops with no commercial activity with a kid under 18 are illegal. They cross state lines electronically which violates fed law. Title 18 subsection 1201 😀