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In PI County first, man sentenced over computer screens

News Photo by Julie Riddle Attorneys, a judge, and a defendant connect via Zoom as the first videoconferenced hearing in Presque Isle County’s 53rd Circuit Court commenced on Monday.

ROGERS CITY — Faces on a screen weighed in on the future of a Millersburg man Monday as the 53rd Circuit Court went digital.

A sentencing hearing for Donald Ivey, 54, who pleaded guilty to delivering cocaine, was held via the videoconferencing software Zoom, a first for Presque Isle County.

While most court hearings are postponed to promote “social distancing” as a means to prevent the spread of the coronavirus, courts are required to conduct some hearings, especially for in-custody defendants.

A Zoom license, granted to all judges in the state, is being used by courts around Northeast Michigan to ensure justice is not halted.

After a brief delay while the jail navigated the connection, the court recorder in the Presque Isle County courtroom was joined on screen by Judge Aaron Gauthier, from his courtroom in Cheboygan, as well as a defense attorney, the county prosecutor, and a Michigan Department of Corrections probation officer, all connecting from their offices. The defendant — who had waived his right to be physically present for sentencing — was on screen from the jail’s library.

“This is not the normal operating procedure for a felony sentencing,” Gauther said as the hearing went on the record.

Ivey, who admitted he connected someone to a woman selling cocaine for further distribution, was sentenced to 38 months to 20 years in prison, with 131 days’ credit for time served.

An order signed by Gov. Gretchen Whitmer on Sunday, aimed at combating the spread of the coronavirus in jails and prisons, indicates Ivey will be kept in the Presque Isle County Jail until health concerns subside, with the county to be reimbursed for housing him in place of the Michigan Department of Corrections.

Where Ivey will actually spend his time behind bars is unclear at this point, according to Presque Isle County Undersheriff Chris Flewelling.

Before the sentencing, attorneys debated the wording of Ivey’s pre-sentencing investigation report, which included a reference to both a brother and a friend with criminal histories involving sexual misconduct. Defense attorney Michael Vogler asked that the wording be changed, as it was part of the mental health component of the report and not relevant to sentencing.

When someone arrives in prison, Vogler said, other inmates are quick to obtain the newcomer’s pre-sentencing report. Not including a reference to the sexual crimes of a friend may help protect him in prison, the attorney said.

Gauthier, saying the references wouldn’t affect his sentencing, agreed to remove them from the report.

Ivey apologized to the court and the county for “involving myself in the activity that was going on up here.” With six prior felony convictions and seven misdemeanors, including prison misconduct, parole absconding, and a prison escape, the defendant isn’t sure what the Department of Corrections can do for him, he said.

“I really don’t know what it’s doing to take to help myself,” Ivey said, “I’ve made a lot of corrections since 2007, but apparently not enough, yet.”

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

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