THE CIRCUIT COURT

STATE OF

TWENTY - EIGHTH JUDICIAL CIRCUIT

•

MICHIGAN

WILLIAM M. FAGERMAN CIRCUrr JUDGE

rnUNTlES OF MISSAUKEE AND INB<FOAD

COUNTY COURTHOUSE 437 E. DIVISION CADILLAC. MICHIGAN 49601 PHONE: (231) 779-9490 FAX: (231) 779-9230

December 28,2010

Mr. Norman Somerville

1371 Plainfield Avenue, NE, Apt. 2 Grand Rapids, MI 49505

Dear Mr. Somerville:

I am receipt of your correspondence. I succeeded Judge Corwin approximately 3 1i years ago and therefore I respond to your letter. I will be referring your letter to the Wexford County Prosecuting Attorney's Office with no request that any action be taken. I would note that if any action is taken in the case regarding further proceedings that I would disqualify myself in light of my prior involvement as the Wexford County Prosecutor in that matter.

Yours very truly,

aI)I4/?z,~

William M. Fage~ Circuit Judge

WMF/lz

cc: Mark Smathers

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AFFIDAVIT

STATEofNUCEUGAN )

) SS:

COUNTY of WEXFORD )

I, Norman David Somerville, a natural born man competent to give testimony, do say and declare as follows:

THAT the State of Michigan 28th Judicial Circuit Court, Wexford County, did prosecute two persons named James Roy Moorehead and Jessie Wayne Majors in respective Case Numbers (1)047440-FH and (1)047439-FH with charges of Larceny in a Building, regarding the theft of personal property from the Somerville property on North 21 Road in Mesick, Michigan.

THAT the 28th Judicial Circuit Court, Wexford County, under the hand of Judge Charles D. Corwin, did award Restitution in the above cited Cases in the amount of $4000.00 total, to Lisa Kay Vega.

THA T Lisa Kay Vega had ZERO equitable interest in the property that was taken by the convicted persons and that none of the property taken belonged to Lisa Kay Vega.

THAT the property taken in the above cited Cases did in fact belong to the Affiant, Norman David Somerville.

THAT Lisa Kay Vega has not given any ofthe money awarded in Restitution to the actual injured party in the theft, that party being the Affiant, Norman David Somerville.

THA T Affiant further understands that Lisa Kay Vega falsely represented herself to the Court as being entitled to Restitution and did so with INTENT to take money from Norman David Somerville which she had no legitimate claim to, and that the Court erroneously awarded $4000.00 in Restitution to Lisa Kay Vega.

THAT Affiant further understands that his rights to Restitution were violated by the Court's actions, and that the rights of the convicted persons may also have been violated in the Court's Order causing them to pay Restitution to a veritable fraud.

Pursuant to the provisions of Title 28, United States Code, Section 1746, I Certify that the above statements are true and correct to the best of my information, knowledge and belief

under penalty of perjury. ~ ~ ~

Executed on: December 20,2010 ~~~

Norman David Somerville

Approved, SCAO

Original - Court

1st copy - Probation Dep

2nd copy - defendant mt 3rd copy - Prosecutor

CFJ-149

STATE OF MICHIGAN JUDICIAL CIRCUIT

28th Circuit Court - Wexford County

CASE NO. (1)047440-FH

MOTION AND ORDER FOR DISCHARGE FROM PROBATION

ORI MI-M1830015J

Court Address Wexford County Courthouse, 437 E. Division Cadillac, Michigan 49601

Court Telephone No. (231) 779-949.0

Defendant's name, address and telephone no. Moorhead, James Roy

11351 Co Rd 633, Buckley

Buckley, Michigan 49620

(231) 631-1477

Wexford County

THE PEOPLE OF THE STATE OF MICHIGAN

v

CTN ITCN

. 83-04001425-01

ISID 2472368X

IDOB 8/15/1982

Date of Probation Offense
6/27/2005
Term of Probation (1) 750.360 - larceny in a Building
1 year, 6 months I respectfully move this court to discharge the defendant from probation for the following reasons:

Subject has successfully completed hisp\bit9-obation, and Court-ordered cor;t , restitution, CVR fee, attorney fee, and

State minimum cost are pai~f full. -- / J ()

12/19/2006 DEC 2 1 1006 c:1J: f l .. ......

Date Probation Officer HOWARD P lARSON

~~~FOOtY_Wff~ON DISCHARGE

1. THE COURT FINDS that all conditions of probation ~] were D were not successfully completed.

D a. The Defendant was ordered to drug treatment court and D did D did not successfully complete the program.

IT IS ORDERED:

2. The defendant is discharged from probation supervision. Any unfulfilled financial obligations or conditions of the sentence imposed by this court can be pursued according to law.

o 3. The plea or finding of guilt under the:

D Controlled Substance Act (MCl 333.7411) D Drug Treatment Court (MCl 600.1076)

D Penal Code; Practicing under the Influence (MCl 750.430) is set aside and the case is dismissed. The records of arrest and discharge or dismissal in this case shall be retained as a nonpublic record according to law.

o Parental Kidnapping Act (MCl 750.350a)

o Spouse Abuse Act (MCl 769.4a)

o 5.

The defendant is released from the status of Youthful Trainee under the Holmes Youthful Trainee Act (MCl 762.14) and the case is dismissed. The record of arrest and discha.rge or dismissal in this case shall be retained as a nonpublic record according to law.

The plea or finding of guilt under the Michigan liquor Control Code; M' or in tts: 436.1703) is set aside and the case is dismissed.

/Z,/Mjo6 'P27138

Dite ~ Judge agistrate Charles D orwin Bar No.

If item 1 a, 3, or 4 is checked, the clerk of the court shall advise the Michigan State Police Criminal Justice Information Center of the

disposition as required under MCl 769.16a. .

MC 245 (3/06) MOTION AND ORDER FOR DISCHARGE FROM PROBATION Mel 769.1j, Mel 769.1 k, Mel 771.5, Mel 780.766(13), Mel 780.794(13), Mel 780.826(13), MeL 780.905, Mel 791.225A(6)

Moorhead, James Roy - 536102 12/19/2006 16: 1 0:58

Page 1 of 1

Approved by the Michigan State Court Adminisu, and the Department of Corrections

Original - Court

1st Copy - Probation Department 2nd Copy - Probationer

CFJ - 154 4835-8154 3/90

STATE OF MICmGAN PETITION AND ORDER CASE NO.
CIRCUIT COURT 28th Circuit Court - FOR AMENDMENT OF
Wexford County ORDER OF PROBATION (1)047440-FH 437 E. Division Street, Cadillac Michigan 49601

(Ph) (231) 779-9486 (Fax) (231) 779-9488

Probation Dept. Address

Telephone No.

THE PEOPLE OF THE STATE OF MICmGAN Wexford County

Moorhead, James Roy

V 8198 West M-115 Mesick, Michigan 49668 231) 885-2510

Defendant's name, address and telephone no.

The Honorable Charles D Corwin

P2713&

BarNo.

06/27/2005

Circuit Judge

Sentence Date

Offense

(I) 750.360 - Larceny in a Building

The undersigned probation officer respectfully petitions this court for the following amendments of the probation order previously entered in this cause:

Add:

That this defendant's share of restitution be set at $4,000 to be paid jointly and severally with codefendant Jessie Wayne Majors (04-7439-FH).

Date

09/0112005

HOWARD P LARSON Probation Officer

I ORDER AMENDING PROBA nON I

[2J IT IS ORDERED that the probation of the above Defendant be amended as set forth in the petition. All other conditions not inconsistent with this

order shall remain in effect.

P27138

Date

Circuit Judge The Honorable Charles D Corwin

BarNo.

I have received a copy of this order of amendment and agree to comply with this order.

Date

Moorhead, James Roy - 536102 09/0112005 11 :42: 11

Page 1 of 1

Approved, SCAO

Original - Court 2nd copy - defendant 1st copy - Probation Del. . nent 3rd copy - Prosecutor

CFJ-149

STATE OF MICHIGAN JUDICIAL CIRCUIT

28th Circuit Court - Wexford County

MOTION AND ORDER FOR DISCHARGE FROM PROBATION

CASE NO. (1)047439-FH

OPt'l

MI -M1830015J

THE PEOPLE OF THE STATE OF MICHIGAN

Court Address Wexford County Courthouse, 437 E. Division Cadillac, Michigan 49601

r-----------------------------------------------~

Defendant's name, address and telephone no.

Majors, Jessie Wayne

75 S. Burkett Road

lake City, Michigan 49651 0920-1545

Court Telephofie No. (231) 779-g490

v

CTN 83-04001428-01

I SID

2189093M

IDOB 71111981

Wexford County

Date of Probation Offense
112412005
Term of Probation (1) 750.360[A]- larceny in a Building (Attempt)
3 years I respectfully move this court to discharge the defendant from probation for the following reasons:

That probationer has successfully completed all conditions of probation and has paid all local assessments in full. A LEIN

check ShO.WS • • ants or warrants. • . __jJ_" I / .

'II/; ~~8'y J:1kl:Cl'>

------~':----"-_._--- Probation Officer HOWARD P LARS~CU

ORDER OF PROBATION DISCHARGE I.,. JUN 1 5 ;~-.--~

1. THE COURT FINDS that all conditions of probation [K] were D were not successfully l~?M£ied.

D a. The Defendant was ordered to drug treatment court and D did D did not succes~i¥~~ ram.

o vOUNTY CI I: -<-Rj<

2. The defendant is discharged from probation supervision. Any unfulfilled financial obligations or conditions of the sentence imposed

by this court can be pursued according to law.

IT IS ORDERED:

o 3. The plea or finding of guilt under the:

D Controlled Substance Act (MCl 333.7411) D Drug Treatment Court (MCl 600.1076)

D Penal Code; Practicing under the Influence (MCl 750.430) is set aside and the case is dismissed. The records of arrest and discharge or dismissal in this case shall be retained as a non public record according to law.

D Parental Kidnapping Act (MCl 750.350a) D Spouse Abuse Act (MCl 769.4a)

05.

The defendant is released from the status of Youthful Trainee under the Holmes Youthful Trainee Act (MCl 762.14) and the case is dismissed. The record of arrest and discharge or dismissal in this case shall be retained as a nonpublic record according to law.

The plea or finding of guilt under the Michigan Liquor Control Code' case is dismissed.

~!t3;&7

OIate f

P27138

Bar No.

If item 1 a, 3, or 4 is checked, the clerk of the court shall advise the Michigan State Police Criminal Justice Information Center of the disposition as required under MCl 769.16a.

MC 245 (3/06) MOTION AND ORDER FOR DISCHARGE FROM PROBATION Mel 769.1j, Mel 769.1k, Mel 771.5, Mel 780.766(13), Mel 780.794(13), Mel 780.826(13), Mel 780.905, Mel 791.225A(6)

Majors, Jessie Wayne - 520460. OS/29/2007 09:34:37

Page 1 of 1

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WEXFORD

PEOPLE OF THE STATE OF MICHIGAN,

HONORABLE FRANCIS L. WALSH Circuit Judge (P 21943)

Plaintiff,

vs

File No. 04-7439-FH

JESSIE WAYNE MAJORS,

Defendant.

/

William M. Fagerman (P 27271) Prosecuting Attorney

IvM Y 0 9 2005

Anthony J. Badovinac (P 42376)

Attorney for Defendant /

ORDER ESTABLISHING RESTITUTION

At a session of said Court held in the Wexford County Circuit Courtroom in Cadillac, Michigan, on

the 21st day of April, 2005.

PRESENT: HONORABLE FRANCIS L. WALSH, Circuit Court Judge

THIS MATTER having come on to be heard upon the defense request for a restitution hearing and the Court having heard testimony and being otherwise fully advised in the premises;

IT IS HEREBY ORDERED AND ADJUDGED that the defendant shall be obligated to pay the victim the sum of $4,000.00 in restitution.

Dated:

Honorable Francis L. Walsh Circuit Court Judge