Comments Draw Sanction
A Michigan Hearing Panel has imposed a 30-day suspension in a matter involving statements made by a former prosecutor concerning a criminal matter
Based on the evidence presented at hearings held in this matter in accordance with MCR 9.115, Upper Peninsula Hearing Panel #2 found that respondent committed professional misconduct when he was involved in an investigation of a criminal matter, and subsequently, in a published letter to an editor and email to the Menominee County Democratic Party listserv, made extrajudicial statements regarding that matter that he intended to be disseminated to the citizens of Menominee County. Specifically, the panel found that respondent violated MRPC 3.6(a)(4) and (5) because his letter to the editor and email contained statements referring to a criminal matter; referenced the character, credibility, and reputation of a party and an uncharged third party; referenced inadmissible evidence of a defendant’s past criminal record; and referred to the defendant’s guilt without a qualifying reference to his presumption of innocence.
The charges relate a controversy concerning a prosecution covered by Yahoo News that was the subject of Respondent’s comments
Menominee County Prosecutor Jeffrey Rogg is defending the latest plea deal for twice-convicted sex offender and former school resource officer Brian Helfert. This, as a former assistant’s reaction to the deal is a last-minute write-in campaign to unseat him.
For much of this year, Monday was penned to be the start of the latest jury trial of Brian Helfert, who served much of his 27 years with the Menominee County Sheriff’s Department as a school resource officer before an investigation by City of Menominee police uncovered abuse allegations spanning decades.
he first successful case against Helfert sent him behind bars for only months, but another case that ended with a conviction by jury landed him close to the maximum sentence for the 2nd Degree Criminal Sexual Conduct charge that he could be given— 9 to 15 years in prison.
During the December 2023 trial, some attendees spoke of their hopes for further punishment for Helfert in this next case, where another conviction by jury had potential to send him to prison for life.
Then, on July 18 court documents show a plea hearing was held where Rogg and Helfert’s lawyer, Trent Stupak, presented a deal to Circuit Court Judge Chris Ninomiya.
The deal stipulates the prosecution will downgrade the CSC 1 charge to an “attempted” version of the crime, recommend Helfert be sentenced to 5 years concurrent with his current sentence, and not pursue prosecution for or re-file other cases from Helfert’s accusers that have already been introduced to the court.
In return, Helfert would plead no contest to the downgraded charge and waive his right to appeal his previous conviction, guaranteeing he will serve at least the minimum sentence.
On a Friday afternoon, Rogg told us the deal had been accepted by the judge and would be finalized at a sentencing hearing in October.
We asked him about the merits of the deal.
That is a huge advantage for me in being able to provide finality to that victim in this case and the victims in all these cases,” said Rogg.
I watched the multi-day hearings in this matter and was impressed with the Respondent’s thoughtful and candid explanation for his conduct.
The findings and sanction can be appealed to the Michigan Attorney Discipline Board. (Mike Frisch)