STATE OF MICHIGAN
\nIN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND <\/p>\n
PEOPLE OF THE STATE OF MICHIGAN,
\n\t\tPlaintiff-Appellee,
\n\t\t\t\t\t\t\t\tHonorable Denise Langford-Morris
\n-vs-\t\t\t\t\t\t\t\tNo. 2011-DA9388-AR <\/p>\n
KEVIN AARON LANDAU,
\n\t\tDefendant-Appellant.
\n_______________________________________\/<\/p>\n
PEOPLE RESPONSE TO DEFENDANTS MOTION
\nTO MODIFY PRETRIAL RELEASE BOND
\nNOW COMES Jessica R. Cooper, Prosecuting Attorney in and for the County of Oakland, by Jeffrey M. Kaelin, Assistant Prosecuting Attorney, answers Defendant\u2019s Motion as follows:
\n1.\tIn response to the allegations in paragraph one of Defendant\u2019s motion, the People admit that Defendant was arrested for OWI, second offense.
\n2.\tIn response to the allegations in paragraph two of Defendant\u2019s motion, the People deny the allegations for the reason that they are untrue, as Defendant was undisputedly driving a motor vehicle when stopped by police, and ultimately registered a 0.13 BAC.
\n3.\tIn response to the allegations in paragraph three of Defendant\u2019s motion, the People admit the allegations in paragraph three.
\n4.\tIn response to the allegations in paragraph four of Defendant\u2019s motion, the People admit the allegations in paragraph four.
\n5.\tIn response to the allegations in paragraph five of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but leave Defendant to his proofs.
\n6.\tIn response to the allegations in paragraph six of Defendant\u2019s motion, the People admit the allegations in paragraph six.
\n7.\tIn response to the allegations in paragraph seven of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but leave Defendant to his proofs.
\n8.\tIn response to the allegations in paragraph eight of Defendant\u2019s motion, the People deny the allegations contained in this paragraph, and further note that Defendant\u2019s opinions as to \u201ctrends\u201d in district courts is entirely irrelevant to a particular bond decision on a particular case.
\n9.\tIn response to the allegations in paragraph nice of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but leave Defendant to his proofs.
\n10.\tIn response to the allegations in paragraph ten of Defendant\u2019s motion, the People deny the allegations contained in this paragraph, for the reason that the bond conditions set for Defendant, charged with violation the OWI laws a second time in three years, were reasonable to protect society against the dangers posed by this criminal activity.
\n11.\tIn response to the allegations in paragraph eleven of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, as the Court Rules speak for themselves.
\n12.\tIn response to the allegations in paragraph twelve of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but note that Defendant was afforded a pretrial.
\n13.\tIn response to the allegations in paragraph thirteen of Defendant\u2019s motion, the People admit the allegations in this paragraph.
\n14.\tIn response to the allegations in paragraph fourteen of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but note that the Court Rules speak for themselves.
\n15.\tIn response to the allegations in paragraph fifteen of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but note that the Court Rules speak for themselves.
\n16.\tIn response to the allegations in paragraph sixteen of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but note that the Court Rules speak for themselves.
\n17.\tIn response to the allegations in paragraph seventeen of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but note that the Court Rules speak for themselves.
\n18.\tIn response to the allegations in paragraph eighteen of Defendant\u2019s motion, the People deny the allegations contained in this paragraph, for the reason that Defendant\u2019s behavior, by operating a vehicle while intoxicated on two occasions within three years, demonstrates that Defendant poses a danger to the community, and necessitates pretrial release conditions designed to mitigate this danger.
\n19.\tIn response to the allegations in paragraph nineteen of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but note that the Court Rules speak for themselves
\n20.\tIn response to the allegations in paragraph twenty of Defendant\u2019s motion, the People neither admit nor deny the allegations contained in this paragraph, but leave Defendant to his proofs.
\n21.\tIn response to the allegations in paragraph twenty one of Defendant\u2019s motion, the People deny the allegations contained in this paragraph, for the reason that the nature of Defendant\u2019s crime, coupled with his history, necessitates the pretrial release conditions imposed by the district court.
\n22.\tIn response to the allegations in paragraph twenty two of Defendant\u2019s motion, the People ask that this Court deny Defendant\u2019s requested relief. <\/p>\n
WHEREFORE, Jessica R. Cooper. Prosecuting Attorney in and for the County of Oakland, by Jeffrey M. Kaelin, Assistant Prosecuting Attorney, respectfully requests that this Honorable Court deny Defendant\u2019s Motion in its entirety. <\/p>\n
\t\t\t\t\t\t\t\tRespectfully submitted, <\/p>\n
\t\t\t\t\t\t\t\tJESSICA R. COOPER
\n \t\t\t\t\t\t\t\tPROSECUTING ATTORNEY
\n \t\t\t\t\t\t\t\tOAKLAND COUNTY\t<\/p>\n
\t\t\t\t\t\t\tBy:\t\/s\/ Jeffery M. Kaelin__
\n \t\t\t\t\t\t\t\t(P51249)
\n \t\t\t\t\t\t\t\tAssistant Prosecuting Attorney
\n \t\t\t\t\t\t\t\tOakland County Prosecutor\u2019s Office
\n\t\t\t\t\t\t\t\t1200 N. Telegraph Rd.
\n \t\t\t\t\t\t\t\tPontiac, MI 48341
\n \t\t\t\t\t\t\t\t(248) 452-9107
\nDated: July 5, 2011<\/p>\n
STATE OF MICHIGAN
\nIN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND<\/p>\n
PEOPLE OF THIS STATE OF MICHIGAN.
\n\tPlaintiff-Appellee,
\n\t\t\t\t\t\t\t\tHonorable Denise Langford-Morris
\n-vs-
\n\t\t\t\t\t\t\t\tCircuit Court
\n \t\t\t\t\t\t\t\tNo. 2011-DA9388-AR
\nKEVIN A. LANDAU,
\n\t\tDefendant-Appellant.
\n______________________________________\/
\nSTATE OF MICHIGAN )
\n\t\t )ss\t\tPROOF OF SERVICE
\nCOUNTY OF OAKLAND)<\/p>\n
\tLaurie Wakerley, beigh duly sworn, deposes and says that on the 5th day of July, 2011, she served a copy of the People\u2019s Response to Defendant\u2019s Motion to Modify Pretrial Release Bond, upon William Maze, attorney for Defendant, at 831 Monroe Street, Dearborn, MI 48124, by service through the Circuit Court WizNet Filing System and by depositing same in an envelope with the Oakland County mailing pick-up service.
\n\tFurther deponent saith not.
\n\t\t\t\t\t\t\t\t\/s\/ Laurie Wakerley________________
\n\t\t\t\t\t\t\t\tLAURIE WAKERLEY, Deponent
\nSubscribed and sworn to before me,
\nthis 5th day of July, 2011.
\n\/s\/ Michelle Renee Leismer______________
\nMICHELLE RENEE LEISMER, Notary Public
\nOakland County, Michigan
\nActing in County of: Oakland
\nMy Commission Expires: 03\/29\/2017<\/p>\n","protected":false},"excerpt":{"rendered":"
STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Honorable Denise Langford-Morris -vs- No. 2011-DA9388-AR KEVIN AARON LANDAU, Defendant-Appellant. _______________________________________\/ PEOPLE RESPONSE TO DEFENDANTS MOTION TO MODIFY PRETRIAL RELEASE BOND NOW COMES Jessica R. Cooper, Prosecuting Attorney in and for the County of Oakland, by … Continue reading “2011-07-05 Motion To Modify Pretrial Release Bond 100260733”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":6,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-29","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=\/wp\/v2\/pages\/29","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29"}],"version-history":[{"count":0,"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=\/wp\/v2\/pages\/29\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=\/wp\/v2\/pages\/6"}],"wp:attachment":[{"href":"https:\/\/kevinalandau.lol\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}