Courtroom Encounter Draws Sanction
A 179 day suspension has been imposed by consent by a tri-county hearing panel of the Michigan Attorney Discipline Board, with credit for time served on a interim suspension.
The sanction was a result of a misdemeanor conviction.
The parties agreed, and the panel accepted, that good cause exists to make the discipline retroactive to May 2, 2018, because respondent already served a suspension of more than seven months on the basis of his felony conviction that was subsequently set aside.
A separate order reinstated the attorney.
The Macomb Daily reported
A Macomb County lawyer convicted of two counts of assault for attacking a police officer in a courtroom was sentenced to 45 days in jail but won a new trial on one of the counts.
Nijad Mehanna, 42, of Roseville, received the sentence Wednesday from Judge Carl Marlinga, who delayed Mehanna’s jail reporting date to Jan. 2 to give him time to seek a stay of his sentence with the state Court of Appeals.
Mehanna earlier this year was convicted by a jury of misdemeanor assault and battery and felony assault of a police officer for a March 2016 confrontation with Roseville police Lt. Mitch Berlin in a courtroom at 39th District Court in Roseville. Mehanna, representing a client in a criminal case, was attempting to enter Judge Mark Santia’s chambers when Berlin, who was not the courtroom baliff, blocked the door. Mehanna shoved him, and when Berlin announced he was under arrest, Mehanna punched him multiple times.
Mehanna wanted to talk to Santia about Berlin preventing him from talking to a witness in a criminal case in which Berlin was involved.
Marlinga on Wednesday scolded Mehanna from the bench, saying that while Berlin acted inappropriately and called Mehenna an obscene name, it didn’t justify his reaction.
“There are a whole range of rational, reasonable reactions a person could’ve taken, should’ve taken, but you, Mr. Mehanna, decided that, ‘I am going to resort to violence as an attorney in the courtroom against a police officer,’” Marlinga said. “That is wrong on any scale of justice.”
Marlinga denied a new trial in Macomb County Circuit Court on the assault-and-battery charge but granted a new trial for the police-officer assault, explaining the jury wasn’t formally told Berlin acted outside the scope of his duties when he tried to stop Mehanna.
“It was not part of his duties. It wasn’t his job,” Marlinga said. “A courtroom is a neutral place. … He (Berlin) had no right to control access in that courtroom. It’s also troubling that in doing so he was taunting (Mehanna) by calling him a ‘little b—-‘.”
In addition, Marlinga said Mehanna may not have had the time to realize he was under arrest due to how fast the incident occurred.
Assistant Macomb Prosecutor Josh Van Laan said he plans to appeal the ruling, gaining a stay on that charge for an appeal. Van Laan argued the trial jury “heard it all” and was properly instructed.
“I think it’s just not for this court to interfere with a jury’s decision,” Van Laan said. “This is something that if the appellate court wants to pick up, it may end up going to the Supreme Court and argued.”
Berlin, who spoke in court for the sentencing, told Marlinga he believes Mehanna is not remorseful, hasn’t taken responsibility for his behavior, “misrepresented” the facts in court and has been criticizing him publicly.
“He continues to lash out publicly against myself,” and portrays himself as the victim, he said.
He said he suffered bruises and cuts on his face, a loose tooth, an injured ankle and broken glasses.
Marlinga awarded him $900 in restitution: $650 for new glasses and $250 for overtime he lost due to the incident.
Berlin also filed an injury lawsuit against Mehanna in circuit court.
Mehanna’s attorney, James Thomas, said Mehanna has not shown remorse because he pleaded not guilty and “asserted his right to a trial.” Remorse could be held against him legally, he said.
Mehanna and Thomas told Marlinga that he and his family have suffered from the incident.
“This case has been giving me nightmares,” Mehanna said in court.
Mehanna began talking about the facts of the case when he was cut off by Thomas. He argued that Berlin, who outweighed Mehanna by about 100 pounds, provoked Mehanna.
“There was clearly provocation, in my view, planned by a very calculating police officer,” he said.
Thomas argued against Mehanna getting jail due to ramifications from the incident. Mehanna has stopped practicing law until the case is resolved and could face sanctions from the state Attorney Discipline Board.
Mehanna’s wife, attorney Alyia Hakim, has suffered. She ran for judge at 39th District, advanced from the August primary to the general election but lost in November to Kathy Tocco.
Thomas argued Berlin “took the position he would do whatever he could to make it (Hakim’s loss) happen.”
Van Laan, in arguing for jail time, said Mehanna not only failed to show remorse but couldn’t admit he acted unprofessionally.
“In my opinion, he would do it again,” Van Laan said.
Berlin is the brother of Roseville Police Chief James Berlin, whose last day on the job was Friday. He is retiring from his post as of Dec. 31.
(Mike Frisch)