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June 07, 1996 - Image 10

Resource type:
Text
Publication:
The Detroit Jewish News, 1996-06-07

Disclaimer: Computer generated plain text may have errors. Read more about this.

P c_Pr_IPPLP

JEWISH NATIONAL FUND

c_r D

AGES 25-40

BREED page 9

ARTZENU YISRAEL VI
MISSION TO ISRAEL

Loosely translated, the passage
Mr. Kraizman read said a man
cannot be convicted of a capital
crime based solely on his own con-
fession.
Which is precisely what hap-
pened to Mr. McMahan.
In March 1990, Mr. McMahan
admitted stabbing a woman
named Carolyn Kenyon five years
earlier.
But the woman's body was nev-
er found. And police uncovered no
other evidence to suggest Mr.
McMahan, or anyone else, killed
her. There was no blood. There
was no motive. The woman had
simply vanished.
What police had — the only
thing they had — was Mr. McMa-
han's detailed confession.
He was convicted of second-de-
gree murder and given 50 to 100
years in prison.
Mr. Kraizman was appointed
to handle his appeal. It was a case
he tackled with relish, despite his
client's convictions for killing his
wife, Cheryl, in 1986 (her body
was never located either) and a
10-year-old girl named Lisa Bird
in 1990.

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Changing Affiliations

For further information contact:
Ed Rosenthal at (810) 557-6644
Andrea Leighton, NFL Coordinator at (212) 879-9300 ext. 264
National Missions Department at (800) 223-7787
Leave an e-mail message at artzenu@aol.com

Judge Jessica Cooper opts for an independent run.

JENNIFER FINER STAFF WRITER

Jewish National Fund
17100 West Ten Mile Road, Southfield, MI 48075-2947
810-557-6644 • Fax 810-557-2412

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While his client "is not the
nicest guy in the world," Mr.
Kraizman argued that police
needed more than a confession.
He noted that the Torah passage
he cited had been incorporated
into Michigan common law.
It is known as the corpus delic-
ti rule. In short, it says the state
must prove not only that the vic-
tim died, but that she died as a
result of a criminal act indepen-
dent of the confession.
`Mere must be some evidence
of wrongdoing before you can
have a crime," Mr. Kraizman
said. "In this case, there was no
evidence of wrongdoing by any-
one."
The court agreed. The convic-
tion was reversed, though Mr.
McMahan will spend his life in
prison for the other slayings.
No matter, said Mr. Kraiz-
man, the rule of law was upheld
and a civil liberty preserved. And
now it is on to other cases, oth-
er defendants. It's a challenge he
says that still gives him a thrill.
"When will I retire?" he asked.
"I'll retire when God calls me.
"Where ni go, I don't know." ❑

A

t first, Oakland County

Circuit Judge Jessica
Cooper was among a
number of judges vying for
a ticket to the state Supreme
Court race courtesy
of the state's Democ-
ratic Party.
Now, instead of
seeking the partisan
nomination for the November
ballot, the 50-year-old judge
hopes to write her own ticket by
running as an independent.
First, she needs to collect near-
ly 31,000 valid signatures from
registered Michigan voters by
July 18. She's hoping to file
45,000-50,000, just in case.
"I didn't want to fight for the
Democratic nomination," said
Judge Cooper about her change
of heart. "I realized I have a fierce
independent streak, and I had to
take some time to think about
who and what I am. I recognized
that this (the Democratic Party)
was not where I belonged. (As a
judge) I am nonpartisan and I
have been nonpartisan by law."
Party nominations will occur
in September when the Democ-
rats and Republicans hold their
state conventions. Other than
candidates for the state Supreme
Court, no judicial candidates re-
ceive a party nomination. In the
Nov. 5 general election, at least
four Supreme Court candidates,

two from each party, and any in-
dependents who meet the signa-
ture requirement will appear on
the ballot, where party affiliation
will not be noted.
In a late-April
interview with

The Jewish News,

Judge Cooper said
she would not run
as an independent. She later

Judge Cooper has a "fierce
independent streak."

changed her mind and rounded
up nearly 150 volunteers to help
with the daunting task of getting
signatures.
Justice Charles Levin, whose
upcoming retirement creates a
CHANGING page 12

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