News Photo by Julie Riddle Defendant Kenneth Kierzek listens as his attorney argues that 11 months in jail without a trial is too long in a Presque Isle County virtual courtroom Monday.

ROGERS CITY — Should a man accused of sexually assaulting a child be kept in jail indefinitely without being proven guilty?

Yes, a Presque Isle County judge said on Monday after attorneys debated whether bond should be set for Kenneth Kierzek, 68, who has been in jail for 11 months, awaiting trial on charges of first- and second-degree sexual assault of two children.

With jury trials suspended until at least June 22 by the Michigan Supreme Court, and the resumption of in-person trials in doubt for some time because of coronavirus-related restrictions, Kierzek requested through his attorney that the court would establish a bond amount, potentially allowing Kierzek to be released until his trial.

Bond had previously been denied because of the nature of his alleged crimes.

Defense attorney Alan Curtis argued that his client, a longtime Rogers City resident, is neither a flight risk nor a danger to the community, especially because coronavirus restrictions are likely to restrict his contact with children.

With almost no criminal record, the defendant is being kept in jail with no trial in sight — while still presumed innocent — because of alleged incidents on only four days out of his life, Curtis said.

Judge Aaron Gauthier, noting Kierzek’s lack of a prior felony record, also noted that the defendant made incriminating statements to police, not admitting to the acts of penetration of which he’s accused, but at least partially admitting to sexual misconduct with minors.

“It’s hard to say, ‘Gee, I’ve had an exemplary life, except for the four days where I sexually abused somebody,'” Gauthier said, denying the defense’s request to set a bond for the defendant.

Kierzek will next appear in court on June 29, after the Supreme Court’s moratorium for jury trials is scheduled to be lifted.

A workgroup, co-chaired by Gauthier, is investigating options for conducting criminal jury trials using a blend of virtual jury selection and in-person court proceedings. Whenever trials resume, Kierzek’s will be second in line in Presque Isle County, with only one defendant having spent more time waiting behind bars, Gauthier said.

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