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Winfield trial set for September

ALPENA — Former Alpena Public Schools teacher Heather Winfield appeared briefly in court Monday as her trial on sexual assault charges was scheduled and her attorney planned to challenge the circuit court case.

Winfield is accused of having sex with one of her students. The News does not identify victims of sexual assault.

At a status conference Monday in the 26th Circuit Court before Judge Michael Mack, a jury trial was scheduled for the fall, with jury selection to begin Sept. 27 and the following week set aside for the trial.

The prosecution indicated Monday they intend to produce many witnesses, potentially extending the amount of time needed for trial.

Defense attorney Dan White indicated his intent to file a motion challenging the legitimacy of the circuit court’s jurisdiction over Winfield’s case because of what he argues was insufficient evidence presented at the district court level.

Winfield’s case was bound over to circuit in March after a preliminary exam that spanned nearly three days. Her accuser spoke on the stand and recounted several details of the alleged assaults and circumstances surrounding those incidents. Investigators were able to confirm several of those circumstances, according to testimony.

The defense repeatedly questioned the boy’s credibility, noting, for example, he’d originally said they’d had sex “maybe 1,000 times,” before later saying it was 100 times.

District Court Judge Thomas LaCross said he likely would have tossed the case based solely on the boy’s testimony, but bound it over because “we have evidence that substantiates and corroborates his circumstantial evidence that there was an improper relationship between two troubled people.”

The Alpena County Prosecutor’s Office and defense attorneys agreed before Monday’s hearing to establish a June 10 cutoff for motions — including the motion to quash the bindover — to be filed, with arguments to be made by June 17.

Pointing out that new evidence, motions, and arguments can be expected throughout the summer, Mack set a deadline for presenting evidence and arguing motions of Sept. 9.

White suggested that the Sept. 9 deadline should also apply to ongoing investigation, pointing out that, otherwise, his office would not have opportunity to make motions against new investigatory information presented after the deadline.

Mack made clear that it is understood that new details in the case may arise after the deadline and will be dealt with as the need arises.

Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com.

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