Michigan AG Dana Nessel files emergency appeal to reverse parole of convicted rapist, kidnapper

CBS News Detroit Digital Brief for Jan. 10, 2024

(CBS DETROIT) - Michigan Attorney General Dana Nessel filed an emergency appeal to reverse the parole granted to a man convicted in 1999 for kidnapping and raping a 13-year-old girl. Her department says the decision to grant the man parole is abuse of the parole board's discretion.

John Robert Lee, 44, who is incarcerated at the G. Robert Cotton Correctional Facility in Jackson, was scheduled to be released on parole on Jan. 11. 

According to Nessel's office, on Jan. 10, Judge Carol Kuhnke granted the motion to keep Lee incarcerated until the appeal is heard. 

Lee ordered the 13-year-old girl, who was riding her bicycle near her home, into his truck at gunpoint. He then drove her to his mother's house, where he raped the victim on the floor of the garage. 

He didn't dispute any of the facts of his crime and was sentenced to two consecutive life sentences, with the possibility of parole. 

On Dec. 13, 2023, he was granted a 48-month parole term. The attorney general's office became involved earlier this month after being contacted by the victim's mother. 

Is Lee suitable for parole?

"Lee is obviously not a suitable candidate for parole, and the Parole Board plainly made the wrong decision," said Nessel. "It is clear from records of his incarceration and attempted treatment that he does not exhibit an appropriate understanding of the devastation his kidnap and rape of a child caused. There is not sufficient evidence of rehabilitation or meaningful remorse, and he should remain in prison. My office is taking immediate action to protect public safety, and potential future victims, by keeping Lee behind bars." 

The following is a note from a presentence screening report in 1999 for Lee: "matter-of-fact tone during the interview reflects an indifference as to how his actions may affect others. Flawed logic and impaired judgment are very much evident... He seems incapable of recognizing both the seriousness and the wrongfulness of his conduct." And that "With his random selection of the victim, he committed the type of crime that society fears the most and from which it is least able to defend itself."

In addition, during therapy sessions, while incarcerated, he has shown behavior that would not make him suitable for release, according to Nessel's office. 

"In therapy he has expressed a "good deal of hurt and anger towards women," and has in cognitive, behavioral, and sexual recidivism assessments scored in ranges indicating "antisocial thinking," an "above average risk" of sexually reoffending, "some concern" with hostility toward women, and the Michigan Department of Corrections to this day classifies Lee a "priority risk" of reoffending," the attorney general's office said. 

Victim speaks about Lee's parole

In a public hearing, the victim spoke to the parole board, discussing how the rape changed her life and claiming that if given the chance, she believed Lee would carry out the same crime. 

"This one single afternoon completely changed the trajectory of my life and ruined any semblance of a happy childhood. I had never kissed a boy before, had only started my period a year prior and thought I had five years before my first gynecologist visit. Instead, my first sexual experience with a man was a violent rape, and instead of a first visit with an OB/GYN, I was subjected to an invasive rape kit in the ER. Every part of my naked body was examined and photographed. Every item I was wearing was sealed in an evidence bag, never to be returned to me. I was 13 years old.

"The physical trauma didn't stop there, though, as I was given Plan B to prevent an extremely unwanted pregnancy, an emergency antiviral medication in case of HIV exposure. This cocktail of medications was very strong and made me quite ill. I fainted that first night and hit my head hard on the wall on the way down. This was how I spent my 8th grade spring break."

As she continued, she told the Board, "I have looked this person in the eyes, and I truly believe that something in him is broken. His heart is cold. He does not have the capacity for empathy or love. If given the chance, he will do it again. His mistake was letting me live, and I don't think he'd make that mistake again with his next victim."

A status conference is scheduled for Jan. 30. 

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