Alleged victim’s phone to be searched by crime lab in Lozen case
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ALPENA -- Shaun Lozen, 46, had a hearing on Monday in the 26th Circuit Court in Alpena where the parties discussed receiving records from the alleged victim's phone.
Lozen is charged with felonies of two counts of assault with intent to murder and five counts of assault with intent to do great bodily harm less than murder - strangulation. He is also charged with misdemeanors of one count of domestic violence aggravated and four counts of domestic violence.
During his preliminary examination in August, it was testified that Lozen had been in a relationship with the alleged victim for about five years. The alleged victim testified to a number of alleged physical assaults, including strangulation, that occurred over the course of their relationship.
Lozen's attorneys Deanna Kelley and David Kramer had originally submitted a motion to obtain five years worth of phone records from the alleged victim's phone to Judge Alan Curtis in July. At the time, Curtis said he believed the scope of evidence that the motion asked for was too wide and denied the motion.
Alpena County Assistant Prosecuting Attorney Alyssa Miller said that she had no objection to providing text messages and other evidence if the alleged victim’s phone were ordered to be searched by the Michigan state crime lab and not a third party expert.
Access to records on the alleged victim's phone was again discussed at the preliminary examination in August. Kramer at that hearing said that Miller had stipulated to him and Kelley that she is agreeable to having the alleged victim's phone turned over to be downloaded and to have certain things preserved.
The stipulation asked for the phone to be searched for all communications between the alleged victim and Lozen including photographs of the two and all phone recordings, all photographs of alleged victim's injuries, all communications between alleged victim and police personnel regarding the investigation, and all communications between the alleged victim and three women that she messaged to allegedly warn them about Lozen.
At Monday's hearing Miller said the phone has not been sent to the lab yet. She is waiting on some final documentation.
Judge Ed Black scheduled the next hearing for 1:15 p.m. on Nov. 16.