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Black keeps Jeremiah McLean in jail for now

ALPENA — Circuit Court Judge Ed Black on Monday refused to release Jeremiah McLean from jail.

McLean, 23, is accused of kidnapping and raping a 15-year old girl in a makeshift cabin behind the Evergreen Cemetery in Alpena. He also faces other charges related to the alleged incident.

He faces up to life in prison.

McLean’s attorney, Ron Bayot, cited the state’s “180 day rule,” as one reason his client should be released.

The Constitution gives defendants the right to a speedy trial, and Michigan’s speedy trial rules allow those in jail for 180 days without going to trial to be released. It wasn’t immediately clear how many days McLean has been in jail.

Judges can keep people in jail, however, if they believe the defendant would fail to appear for future hearings or present a danger to the community.

Bayot said McLean was not a danger, but Black disagreed.

Black also said McLean is a resident of another country. McLean is originally from Jamaica, Alpena County Prosecutor Cynthia Muszynski said, although she did not know his citizenship status.

Calls to Bayot were not immediately returned.

McLean was in court Monday for what’s known as a Cobbs hearing, but that hearing was rescheduled to 8:30 a.m. Jan. 19. A Cobbs hearing allows a defendant to learn what his or her sentence would be if they were to enter a plea to the charge.

“We’re simply not prepared to enter a plea at this time,” Bayot said.

Bayot said communication had been difficult with McLean, and he needed more time for in-person meetings with his client at the jail.

Bayot told Black they are still demanding a jury trial for McLean.

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