|From:||Wade Roberts (firstname.lastname@example.org)|
|Sent:||Tue 6/15/10 2:29 PM|
Appreciate the freep.com coverage on the Nebel case.
How about some of the untold part(s) of this story.
Read once again the Supreme Court order regarding Nebel’s 90 day suspension.
Judge Nebel and counsel stipulated that he left the Mackinaw Grille in St. Ignace at about 7:00 pm, drove northbound I-75 to northbound M-123 to westbound M-28 and was stopped near the Alger/Schoolcraft county line at 9:05 pm.
That’s two hours and five minutes drive time for a distance of approximately 108 miles.
Google map (excuse me, that was actually a Bing map) the same trip and the drive time is one hour fifty-five minutes at legal speed. (Mapquest comes in at one hour and fifty-eight minutes, Google at two hours and seven minutes.)
The Judge was clocked travelling at 105 mph by the Mackinaw County Sherriff’s department on M-28.
That’s now public record.
As told to me by Judge Nebel, the Mackinaw County Officer was in the process of making a right turn at the intersection of M-117 and M-28 on his way to Newberry when the Judge went by and subsequently alerted the Michigan State Police.
This information wasn’t then or to my knowledge hasn’t since been publicly released.
Judge Nebel told this to me personally as he was awaiting the outcome of the jurisdictional hearing held on August 10th, 2009 in Luce County.
Once he told me this, the Judge then backtracked and said he of course hadn’t seen the Mackinaw County vehicle and didn’t even know if it was marked or unmarked. My impression at that point in our conversation was that the Judge was lying.
No prosecutor had been assigned the case yet and the police reports at that point in the case should have been totally confidential regarding release to the concerned parties until the jurisdictional matter had been resolved, a prosecutor assigned to the case and the prosecution had the opportunity to review the police reports and bring appropriate charges.
Police reports are normally withheld from defendants prior to arraignment.
The 08/10/09 hearing in Luce County resulted in a decision that this case would be heard in Schoolcraft County where the arrest had taken place and the Judge was lodged overnight.
There was no press present at this jurisdictional hearing that I know of, which I thought strange for a locally high profile case such as this one had become.
Judge Nebel had also told me outside the Luce County Complex that day that both counties potentially had jurisdiction and that the outcome of this hearing made no difference to him personally. The Judge did later concede though that there were obvious problems with holding the proceedings in Schoolcraft County where he was a sitting Judge.
Schoolcraft County Prosecutor Peter Hollenbeck had already publicly turned over the Schoolcraft County portion of the case to the Attorney General’s Office, reported on the 28th of July.
Seems to me the simplest way to handle this matter would have been to simply proceed in Luce County.
That wasn’t the result though, as the ball was already rolling in assigning a “special Prosecutor” and bringing in an “impartial Judge” to hear the case.
Judge Nebel of course claims there was no “fleeing and eluding” involved in this case. Had there been, he would have surely been forced from the bench and likely disbarred.
Instead he is today busy campaigning to keep his $139,919 salary and seat on the bench in his initial and upcoming August 3rd election against his “competitor”, a Schoolcraft County native from the AG’s office.
My questions regarding the anomolies in the case are simple.
Why did the Judge choose the route he took home if he didn’t feel he was impaired when he left the Mackinaw Grille and was in a hurry to get home?
The route he took is about 5 miles longer that driving US-2 to either M-117 or M-77 to M-28.
You are of course generally less likely to encounter law enforcement on M-123 than on US-2, due to Operation SABRE.
According to the Judge himself, he was driving at an excessive rate of speed from at least the intersection of M-28 and M-117 to where he was stopped, just short of the Alger/Schoolcraft County line.
If the facts stipulated to regarding the time the Judge left the Mackinaw Grille and was subsequently stopped and arrested are indeed factual, how does one explain the 2:05 drive time, when you can cover the same route in 1:55 without speeding?
Lastly, if the Judge had truly not seen the Mackinaw County Sherriff vehicle and increased his speed in response to avoid being stopped, how did he know that is where he had been first observed by law enforcement on the 10th of August, 2009, prior to the jurisdictional matter even being settled or a prosecutor assigned the case?
I’d appreciate a response and be glad to answer any questions you might have regarding my interest in this case.
citizen of Alger County