TRAVERSE CITY (Michigan News Source) – What began with the heartbreak of a little girl’s sexual assault case and the death of a young man in a fiery crash has grown into a countywide effort to remove the Grand Traverse County Prosecutor Noelle Moeggenberg from office.
Supporters of the recall say the issue isn’t whether plea bargains should exist – they acknowledge they’re part of the criminal justice system. Their complaint is that they believe Moeggenberg has failed to properly investigate aspects of both cases listed in the recall petition, negotiated away serious charges, failed to adequately involve victims and their families before plea agreements were finalized, and has left dangerous offenders with lighter punishments than the crimes warranted.
Now they’re racing against the clock.
The recall committee has until July 27 to submit approximately 14,000 valid signatures. Organizers say they effectively had less than the normal 60 days to collect signatures because of delays in the state’s petition approval process.
Two cases became the tipping point.
The recall petition and the language residing in it focus largely on two controversial plea agreements.
One involved Taylor Simons, who originally faced first-degree criminal sexual conduct charges involving a four-year-old girl before pleading guilty to a lesser offense. The other involved Nicholas Schram, whose plea agreement eliminated a charge of reckless driving causing death in the crash that killed 19-year-old Sam DeKuiper.
Andrea Flowers, a clinical social worker and the grandmother of the child involved in the Simons case, said those cases simply brought longstanding frustrations into public view. She told Michigan News Source, “When we put out initial feelers… we had quite a few volunteers sign up,” Flowers said. “The reason they attended the meetings was because they had a grievance with the prosecutor, either directly themselves or they were aware of situations.”
Flowers said the committee’s Facebook page has generated a steady stream of messages from residents describing their own experiences with the prosecutor’s office. “Finally, somebody is doing something,” she said many have told her.
Prosecutor defended her approach.
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The recall effort has been buoyed by stories of child sexual assault cases handled by Moeggenberg’s office including in a Traverse City Record–Eagle investigation. In an interview by the Record-Eagle, Moeggenberg defended her prosecutorial decisions. She told them she is not reluctant to take cases to trial but often seeks plea agreements because very young children can struggle to testify effectively and forcing every case to trial would overwhelm the court system.
Flowers rejects that explanation.
Drawing on her experience working with victims and offenders of sexual violence, she said experienced prosecutors can use expert witnesses and other courtroom tools to help juries understand how children disclose abuse.
Flowers said that not every case has to go to trial but added, “The expectation is you protect the community. You make sure justice is served.”
What happens if enough signatures are collected?
If organizers submit enough valid signatures, county election officials and the state would verify the petitions before a recall election could be scheduled.
Even if the recall effort falls short, Flowers said the movement won’t end there. Organizers are already talking with northern Michigan lawmakers about possible legislation that would limit prosecutors’ ability to negotiate major charge reductions in child sexual assault cases. “There’s got to be something done around that,” Flowers said. “If you do it legislatively… bad prosecutors are going to have less of a way around it.”
Moeggenberg was contacted by Michigan News Source for comment on the recall effort but did not respond to our request.
