Hall, Stokes, others, seen at circuit court motion day

News Photo by Reagan Voetberg Judge Donald McLennan presided over motion day in the 26th circuit court in Alpena on Monday.
ALPENA — Motion day at the 26th Circuit Court in Alpena brings an array of cases every two weeks. This week saw hopeful stories of those convicted of crimes making strides through adversity as well as justice being served to those that still pose a danger to others.
James Cooper, 49, charged with two counts of controlled substance delivery of methamphetamine, one count of carrying a concealed weapon, had a status conference on Monday. His attorney told the judge he would file a pre-trial motion. Cooper will be in court again on July 7.
Dominick Medlin, 34, was found guilty from the verdict of a jury trial on one count of assault with intent to do great bodily harm less than murder and one count of domestic violence. On May 5, he had a hearing due to his case being overturned by the Court of Appeals. On Monday, Medlin’s attorney Bill Pfeifer and prosecutor Cynthia Muszynski both said they anticipate a jury trial.
Anthony Stokes, 51, charged with domestic violence, requested a jury trial. Judge Donald McLennan said a trial date will be set for Stokes at a status conference on July 7.
Jacob Kuchnicki, 28, pleaded guilty to count one for fleeing and eluding second degree. Counts two and three, reckless driving and operating a vehicle on a suspended/revoked/denied license, were dismissed. Also as a part of the plea deal, Kuchnicki’s habitual offender charge was reduced from fourth to second, and an additional charge for possession of methamphetamine was not added. Kuchnicki will be sentenced on the second motion day in August.
James Berndt, 57, had a status conference. He is charged with two counts of assault with a dangerous weapon, not intending murder. Pfeifer, his legal counsel, requested that Berndt be released from jail on bond. Berndt has work lined up and a place to live, Pfeifer said. Muszynski relayed Berndt’s arrest history in the last year and presented an affidavit from a victim’s mother which spells out how fearful she is for her child’s safety. Judge McLennan decided that Berndt is too dangerous to be released from jail on bond, denying Pfeifer’s request. Berndt will next be in court on July 21 and he currently is scheduled for trial on July 28.
Brandon Hall, 32, charged with multiple stalking charges, malicious use of telecommunication services, and using a computer to communicate with another to commit a crime, as well as charges for home invasion, assault or assault and battery, and possession of methamphetamine/ecstasy, was arraigned on two of five files he is currently being tried for. There will be a status conference for all five files on July 21.
Lena Turske, 58, was set for sentencing Monday. Some paperwork was mistakenly turned into the wrong court prior to the sentencing so her attorney asked for a new sentencing date. Turske was told that if she tested positive for drugs, her sentencing would be July 7. If she tested negative, her sentencing would be July 21. Turske was tested and the test came back positive for fentanyl. She was remanded to the custody of the sheriff. Turske was charged with possession of methamphetamine/ecstasy, which she pleaded guilty to, and possession of cocaine, heroin, or another narcotic, which was dismissed.
Justine Woodward, 27, was sentenced to 12 months probation and granted 7411 status, which means her charge of possession of methamphetamine is no longer on record. Judge McLennan said that 7411 status is very appropriate for this case. Woodward had experienced one particularly traumatic event which led to her conviction, but she has since received help at the Sunrise Centre and now has a car and house.
Paul Walchak, 57, was scheduled for sentencing on one count of assault or assault and battery, one count of police officer assaulting/resisting/obstructing, and one count of child abuse of the third degree. McLennan believed the sentencing recommendation was too low for Walchak’s case. His sentencing was moved to July 7.
Karen Hall was sentenced for attempting to obstruct the police. Hall only has to pay court fees and costs for her sentence. She will not have to serve probation or jail time.
Reagan Voetberg can be reached at 989-358-5683 or rvoetberg@TheAlpenaNews.com.