Michigan county prosecutor files appeal to US Supreme Court in sexual assault case
(CBS DETROIT) - The Macomb County Prosecutor's Office filed an appeal to the U.S. Supreme Court after a man who was previously convicted of sexually assaulting a minor was granted a new trial.
This comes after the Michigan Supreme Court ruled that Circuit Court Judge Joseph Toia violated the Sixth Amendment when he closed the courtroom during the child victim's testimony without articulating the reason on the record, according to a press release.
Joseph Veach was convicted of seven counts of first-degree sexual conduct and two counts of second-degree criminal sexual conduct for assaulting his daughter, who was 15 and 16 years old at the time. Veach challenged the verdicts, arguing that Toia improperly closed the courtroom.
Although the Michigan Court of Appeals upheld the closure, the state Supreme Court disagreed, resulting in Veach's convictions being vacated and granting a new trial.
On Oct. 26, the county prosecutor's office filed a petition, arguing that the only error was the failure to provide the reason and the court's decision "wrongfully reverses the convictions of an otherwise fundamentally fair trial."
"The Macomb County Prosecutor's Office has filed a petition for a Writ of Certiorari to the U.S. Supreme Court in People v Anthony Veach. Our goal is to uphold the convictions for these crimes. We seek a resolution that respects the law while safeguarding the well-being of those who have endured unimaginable trauma," Macomb County Prosecutor Peter Lucido said in a statement.
The U.S. Supreme Court will decide whether to hear the case. A new trial will be necessary if the Supreme Court chooses not to hear the case.
