Judge vacates sentence of Richmond police chief
RICHMOND, Mich. (CBS DETROIT) - Sentencing for Richmond Police Chief Thomas Costello was vacated Thursday following an emergency hearing.
According to the Macomb County Prosecutor's Office, Judge William Hackel III sentenced Costello to five days in jail on Aug. 17 for using Michigan's online law enforcement database to retrieve non-public information without probable cause in June 2022.
Costello was charged and pleaded no contest to unauthorized disclosure of the Law Enforcement Information Network (LEIN), which is a 93-day misdemeanor.
Hours after sentencing, Hackel recused himself and vacated the decision after Costello's defense counsel Art Weiss submitted an emergency motion.
"Case law requires that the defendant is given an opportunity to withdraw his plea if a Judge does not abide by the sentencing agreement or seeks to set additional terms," said Assistant Prosecutor Kumar Palepu.
Prosecutor Pete Lucido issued the following statement in response to Hackel vacating the sentence:
"In the pursuit of justice and fundamental fairness, the law allows for a defendant to withdraw a plea when there is a plea agreement and additional term(s) are added to the sentence. This is a testament to the integrity of our judicial system."
Prior to the emergency hearing, City Manager Jon Moore said Sgt. Kacanowski would serve as acting chief of police, a position that he previously served.
