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In 1985 Judge James Fleming bypassed the sentencing
guidelines when he issued a life sentence for Ewing's conviction in the Coltrain (Jackson)
case. Ewing appealed the decision based on 3 erroneous items contained in the
sentencing order. Finally, in 1995, the Michigan Supreme Court remanded the case
back to the trial court for an evidentiary hearing. A new judge, Chad Schmucker
(pictured), would determine if Ewing would get a re-sentencing. These were the 3 reasons Fleming used to enhance Ewing's sentence to life. They were the same 3 issues Schmucker would rule again on at the 1995 Evidentiary Hearing:
 | The "attempted rape" of Pattie Morris. As illustrated in the Morris Incident, Ewing made no attempts toward her. Judge Fleming relied on Eskridge's rumor as a reason to elevate the sentence. At the 1995 evidentiary hearing, Assistant Prosecutor Christine Clancy conceded that the previous judge erred by using the rumor of an attack to enhance Ewing's sentence. |
| The pending charge in Livingston County, (Colleen Bitterman), which resulted in an acquittal after the life sentence was given. |
| The pending charge in Washtenaw County (Kaye Jensen) that turned out to be an unfounded case. |
After two days of testimony and over 20 exhibits illustrating how flawed and corrupt the investigation had been, Judge Chad Schmucker sided with the prosecution and ruled to affirm the life sentence. In his opinion he made no reference to the fact that Detective Eskridge had committed perjury, manipulated police reports, withheld evidence, destroyed evidence, etc. Schmucker simply characterized Detective Eskridge's methods as "over zealous."
As for the Morris Incident, in which no crime or attempted crime had occurred, Schmucker repeated Judge Fleming's opinion that "Morris was an intended victim." The defense asks: "Since when have judges been able to read people's minds?"
Concerning the Bitterman acquittal, Schmucker over-turned the jury's "not-guilty" verdict and ruled by a "preponderance of the evidence" that Ewing raped Bitterman. Ironic when you consider that the defense was denied DNA testing on the real evidence (rape kit).
Finally the Jensen case - which even Eskridge believed to be a fabrication... Schmucker stated that he "did not have to consider it because Fleming didn't consider it." The defense still wonders what Judge Fleming was referring to when he stated, "the pending charge in Washtenaw County," since the Jensen charge was the only pending charge in that county.
CSC Charges
Comparison of Cases
The Morris Incident
The Photo Showup
The Jensen Case The Wright Case The Coltrain Case Destruction of Evidence The Bitterman Acquittal
The Arronson Dismissal
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