The attorney representing a former mid-Michigan sheriff's deputy is appealing a lower court’s decision that refused to dismiss a felony charge.
Former Isabella County Sherriff's Deputy Christopher Cluley is being charged with misconduct in office. If convicted, Cluley could face a five-year prison sentence.
Cluley allegedly broke an inmate’s kneecap when he pushed him to the ground during a prison cell transfer in 2020.
Attorney General Dana Nessel argues Cluley violated Michigan common law and should be prosecuted on that count.
But John Freeman, Cluley's criminal defense lawyer, says the Attorney General’s office is overreaching their authority and misinterpreting the law. He says violating internal policies set forth by the Isabella County Sherriff's Department is not the same thing as breaking the law.
"I'm unaware of any sheriff's deputies in Isabella County Sheriff's Department ever being criminally prosecuted for violating a policy. I'm also unaware of that ever happening in the State of Michigan. And that's what makes this so scary," said Freeman during a phone call with WCMU.
Freeman argues the Attorney General is trying to create criminal laws when those laws are determined by the Michigan legislature.
It’s unclear if the Michigan Court of Appeals will accept the appeal. The Attorney General didn’t respond to our request for comment.
