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Alpena rape case headed to circuit court

A 23-year old Alpena man was bound over to 26th Circuit Court on a series of seven sexual assault charges steming from an incident in Alpena where he allegedly bound and raped a 15-year-old girl.

According to the girl, who testified Tuesday, the incident happened in the woods behind the Evergreen Cemetery in and near a makeshift shack near the Thunder Bay River.

The News does not identify victims of sexual assault.

Jeremiah McLean is charged with kidnapping, first- and third-degree criminal sexual assault, and carrying a concealed weapon.

The judge also allowed for an additional charge, assault with intent to do great bodily harm, suffocation or strangulation.

If convicted, McLean faces up to life in prison.

During Wednesday’s preliminary examination–during which a judge decides if a case should move forward toward trial–Alpena County Prosecutor Cynthia Muszynski and defense attorney Ron Bayot made their case to 88th District Court Judge Thomas LaCross on why the defendant should, or should not be bound over to the higher court.

On Tuesday, the alleged victim testified and recounted the incident and shared how McLean tied her to a tree and raped her, and did so again in the small shack afterward.

Alpena Police Department officer Lincoln Suszek also took the stand Tuesday and explained the injuries he saw on the girl when he interviewed her at MidMichigan Medical Center- Alpena and the evidence he collected at the scene, which included a used condom.

LaCross agreed with a request from the prosecution to add the strangulation charge because of what the victim said during her testimony and because of photos that were taken at the hospital that showed dark purple bruises around her neck.

“It was clear as a bell,” LaCross said.

The girl, who admitted she had consentual sex with McLean a week earlier on Island Park, agreed to meet him again on June 19 and voluntarily went with him into the woods to the cabin. LaCross said testimony suggests that while there, and realizing that circumstances were getting out of hand, she changed her mind and wanted to leave, but was afraid to. He said she also made it clear to McLean that she was not interested in having sex.

“There is no doubt that they were together consensually, but consent can be withdrawn and it was in this case. There was notice to the defendant it was withdrawn and still he continued on. She also made it clear she did not consent to intercourse, as she testified that she repeatedly told him no, no,no. Still, the defendant continued,” LaCross said.

The concealed weapon charge was not directly involved in the incident, but afterward. When officers made contact with the suspect at his place of employment, he was in possession of a kitchen knife he had hidden on him.

The case now moves to the higher court for trial, but no date is set for the next hearing.

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