Gutherie CSC case moves forward
ALPENA — With no motions to rule on, Judge Michael Mack set another state conference for the criminal sexual conduct case involving Thomas Guthrie.
Guthrie is charged with two criminal sexual conduct charges-under the age of 13, CSC first degree unlawful imprisonment, and CSC first degree personal injury.
He will also be charged as a habitual offender which carries a minimum of 25 years.
The cases involve two alleged incidents of Guthrie sexually assaulting others. The first was a male under the age of 13 who came forward after several years. The other incident involves another male suspect — now 40 years old — who alleges he was sexually assaulted in August of 2005
On Monday Guthrie appeared with his attorney William Pfeifer for a scheduled status conference.
There were several issues which Pfeifer brought to the attention of the court including a severance motion, the passage of time and the admission of 404B forms.
Pfeifer discussed the issue of a severance motion which would separate the two incidents into two separate trials. However no motion was filed because Pfeifer said it depended on whether the court would accept 404B forms.
404B forms are character evidence which can be submitted to the court from either the defense or prosecution. In this case the 404B forms would be from a prior criminal sexual conduct conviction in the 1990s.
Pfeifer told the court Guthrie may not want the severance if the court accepts the 404B. However with no formal motion the court did not rule the issue.
The other issue addressed was the amount of time which has passed since the 2005 incidents. Here Pfeifer said this prejudices the defense because some of the witnesses are not available — including one whom the defense said passed away.
Mack scheduled another status conference for Jan. 3 to rule on the motions and kept the four day trial set for Feb. 14 because he felt the case would not be settled before.
“It’s pretty clear it will go to trial,” Mack said.
Guthrie is currently out on bond.
Tyler Winowiecki can be reached via email at twinowiecki@thealpenanews.com or by phone at 358-5688. Follow Tyler on Twitter tw_alpenanews. Read his blog, Just a Thought … at www.thealpenanews.com.