Motion to quash bindover denied, Beck case paused until December
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ROGERS CITY -- Theodore Beck, 65, appeared on Monday in the 53rd Circuit Court in Presque Isle County for a motion hearing, where a motion to quash bindover was denied.
Beck is charged with seven counts of fourth-degree criminal sexual conduct (CSC). The charges involve two alleged victims. One of the alleged victims pressed charges for four counts of CSC in May 2025.
Preliminary examination was waived in that case and the charges were bound over to Circuit Court. The three other charges were added in February from the second alleged victim. Those counts were bound over after preliminary examination in April.
At Monday's hearing, defense attorney Matt Wojda argued a motion to quash bindover on one CSC charge in the second alleged victim's file.
In a motion to quash, a defense attorney asks the judge to nullify a charge based on the presented evidence or lack thereof.
In this scenario, Wojda argued that one of the CSC charges, which refers to an alleged incident where Beck allegedly touched the victim's back with his genitals, could not be considered CSC but could potentially be considered assault.
"What it really comes down to is what the phrase 'caused to touch' means," Wojda said.
He said he'd searched for cases 'high and low' that relate to that.
Most CSC fourth degree cases in Wojda's experience involve instances like the defendant grabbing a victim's hand and pressing it to their genital areas.
In one case The Court of Appeals ruled that the touching of genitals to a person's back was evidence of intent for sexual gratification of other touches, but not that touching to the back was itself enough to constitute CSC fourth degree.
53rd Circuit Court Judge Aaron Gauthier said that had the defendant caused his genitals to come in contact with the victim's hand that would be under statute.
"But if he caused his (genitals) to come in contact with the victim's back you're saying not under statute," Gauthier said.
Gauthier then asked if the defendant had caused his genitals to come into contact with the victim's face whether that would be criminal sexual conduct.
"I think at that point you'd have attempted CSC first most likely," Wojda said.
Presque Isle County Prosecuting Attorney Zakary McLennan said that he would ask some of the same questions as Gauthier.
McLennan said he thinks it would defy all logic and any reasonable interpretation of legislative intent to say that someone touching their (genitals) to someone else's body couldn't be considered CSC fourth degree.
"That's more than just a simple assault, Your Honor, that has all the trappings of criminal sexual conduct to the fourth degree," McLennan said. "I think the plain language of the statute and the elements of the crimes support that interpretation."
Judge Gauthier denied the motion to quash.
Wojda had also filed an interlocutory application for leave to appeal with the Michigan Court of Appeals.
An interlocutory application for leave to appeal means that an appeal was filed prior to trial that requires permission from the appellate court to review the challenge.
Wojda is asking permission from the appellate court to appeal Gauthier's ruling about which other acts of evidence are admissible in trial. Gauthier had ruled that evidence from one victim's case could be used as evidence in the other's case and vice versa.
Gauthier granted an interlocutory order to stay, which means that Beck's case will not proceed to trial until an opinion is issued by the Court of Appeals regarding Wojda's appeal.
Beck's next hearing is scheduled at 9 a.m. on Dec. 7.