Pubdate: Fri, 9 Jul 2010
Source: Ann Arbor Journal (MI)
Contact: http://www.heritagenews.com/lettertoeditor/
Copyright: 2010 Journal Register Company
Website: http://heritage.com/ann_arbor_journal/
Details: http://www.mapinc.org/media/5167
Author: Art Aisner, Special Writer
Referenced: The decision http://mapinc.org/url/lXHmIqMw

TRIAL DEEMED UNFAIR; FEEZEL ENTERS PLEA DEAL

George Feezel has served more than three years in prison following a 
trial that the Michigan Supreme Court now deems was unfair. And he's 
not going to chance it again.

Feezel, 25, opted not to go to trial for the second time on charges 
that he failed to stop at the scene of serious injury crash, and 
recently entered into a plea deal with Washtenaw County prosecutors, 
court records show. A sentencing agreement indicates he'll be 
eligible for parole immediately after sentencing Aug. 25.

The Ann Arbor resident pleaded no contest to the felony count that 
stemmed from the July 2005 death of Kevin Bass, 39. Police said he 
struck Bass, a pedestrian, while driving westbound on Packard Road 
near Clubview Drive in Ypsilanti Township during a rainstorm. Bass, 
of Pittsfield Township, died at the scene.

Feezel initially left the area, but returned to the scene upon 
calling a family member, and was arrested. He was charged, and 
ultimately convicted, of operating a vehicle while intoxicated, 
causing death, due to trace amounts of a marijuana derivative in his system.

With previous drug and theft convictions in his past, Feezel was 
sentenced to serve between seven and 30 years behind bars. The 
Michigan Court of Appeals rejected his initial appeal, but his 
attorney, Ann Arbor-based Doug Mullkoff, kept trying.

In a contentious 4-3 decision released last month, the Michigan 
Supreme Court overturned Feezel's conviction. They found that he was 
denied a fair trial largely because Washtenaw County Circuit Judge 
Archie Brown did not allow evidence about Bass' level of intoxication 
at the time of the crash to be argued before a jury. Their ruling 
also reversed previous court decisions that designated marijuana 
derivatives as an intoxicant.

Brown agreed to credit Feezel for time served at sentencing, making 
him parole eligible, officials said. 
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