Henshaw enters no contest plea for aggravated assault charge
Court drops five fourth degree CSC charges
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ALPENA -- Dr. Clifford Henshaw of Henshaw Chiropractic appeared in the 89th District Court in Rogers City on Tuesday to enter a no contest plea for a misdemeanor aggravated assault charge. The court dismissed his remaining five fourth degree CSC charges.
Henshaw was arrested on Dec. 19 according to a Dec. 22 press release from the Rogers City Police Department after a female reported in November that she was the alleged victim of inappropriate contact during a chiropractic appointment with Henshaw. He was charged with three counts of fourth degree CSC in that case and then three more CSC charges for another case.
The News does not name alleged victims of sexual assault.
Henshaw was bound over to the 53rd Circuit Court on the first two charges of CSC in April. Judge Michael Ekdahl combined two of the original CSC charges. He was also bound over on another three charges of fourth degree CSC in June.
On Tuesday, Ekdahl accepted Henshaw's plea in regards to the misdemeanor aggravated assault charge. According to Ekdahl, this charge carries a maximum possible penalty of up to one year in jail and/or a $1,000 fine.
Henshaw’s Defense Attorney Brian Prain stated that with the no contest plea, Henshaw also agrees to voluntarily give up his professional license and will promise to not apply for a professional license in the future.
Prain added that the defense and Presque Isle County Prosecuting Attorney Zakary McLennan discussed the potential of a misdemeanor probation period following the jail sentence. However, Prain said that the defense would have to seek the court's guidance on the ruling, though that decision will unlikely affect Henshaw's no contest plea.
"I don't think this is going to be a deal breaker either way, but we just wanted to raise that issue, Judge," Prain added. "That's the totality of the agreement."
Ekdahl advised Henshaw that a no contest plea does not carry with it lenient sentencing.
"The court would not be any more or less lenient with you at sentencing, nor any more or less inclined to follow any sentence agreement because you pled no contest as opposed to guilty," he said.
Henshaw said he understands the terms of no contest and that he was making the plea from his own free will.
Ekdahl explained that if the court decides to not follow the sentence agreement that Ekdahl described in court for Henshaw that Henshaw would have the right to withdraw his no contest plea and proceed to trial. However, if Henshaw engages in any misconduct between the time of the plea and the time of the sentencing then Henshaw would lose the right to contest the court's sentencing, if that sentencing is outside the scope of the sentencing described in court on Tuesday.
"That type of misconduct would render the sentence agreement non binding upon the court to the extent that you might not be given the right to withdraw your plea if I refused to follow the sentence agreement," Ekdahl said.
Henshaw stated that he understands the conditions of his plea.
Prain requested that Ekdahl give his sentencing as soon as possible as Henshaw would like to start serving his jail time. He asked the court if sentencing could happen Tuesday.
Ekdahl explained that he would be unable to make any ruling in court that day as the court has to notify any victims of the sentencing so they can appear and/or give a statement.
Henshaw's sentencing for the misdemeanor aggravated assault charge will take place at 10:30 a.m. on Oct. 13.
Kayla Wikaryasz can be reached at 989-358-5688 or kwikaryasz@TheAlpenaNews.com.