Prisoner released; case broke ground over governor’s power
DETROIT (AP) — A Detroit-area man has been released from prison, more than eight years after then-Gov. Jennifer Granholm said he should be freed but then changed her mind before leaving office.
Matthew Makowski was released Wednesday. He spent 29 years in prison.
Granholm shortened Makowski’s life sentence in 2010, making him eligible for parole, but reversed her decision. Makowski took his case to the Michigan Supreme Court, represented by University of Michigan law professor Paul Reingold. The court in 2014 unanimously said Granholm’s reversal was illegal.
The parole board last year approved Makowski’s release. But it was delayed again by an unsuccessful legal challenge from the victim’s family.
Makowski was convicted of murder in the fatal stabbing of a Dearborn health club co-worker. Makowski wasn’t present when Pete Puma was stabbed in 1988, but he had arranged for him to be robbed.
Michigan House votes to limit asset forfeiture in drug cases
LANSING, Mich. (AP) — Cash and other property seized by police in drug cases would have to be returned to the defendant unless there is a conviction or the assets are worth more than $50,000 under bills approved overwhelmingly by the Michigan House on Thursday.
Similar measures cleared the Senate two weeks ago. Lawmakers must resolve some differences before sending the legislation to Gov. Gretchen Whitmer.
The bills target civil asset forfeiture, through which government entities take possession of seized property during criminal investigations and then sell or use it. Critics say the practice has been abused and is an example of “policing for profit” to fund law enforcement.
The bipartisan House bills won approval on 107-3 votes after being deemed an early priority for Republican leadership this session. They would prohibit assets taken in suspected drug crimes from being forfeited unless the defendant is convicted or the value of the money and property is $50,000 or less, excluding the value of contraband. A conviction or guilty plea would not be required in instances where no one claims an interest in the property, the owner allows the forfeiture or a defendant has been charged but cannot be located.
Supporters of the legislation pointed to a report showing that in 2017, 736 people had property forfeited to law enforcement without being charged with a crime — roughly 11 percent of all civil forfeitures. More than 200 defendants were charged and found innocent, but governments still kept their assets. In many cases, no one claimed an interest in the property.
The bills are supported by conservative, liberal and other groups but are opposed by police chiefs and county prosecutors. Opponents of the legislation say forfeiture helps pay for law enforcement operations and is a useful tool to fight drug trafficking, including to persuade lower-level suspects to help take down major offenders.
The measures were in the works before the recent U.S. Supreme Court ruling in which justices sided with an Indiana man whose $40,000 Land Rover was seized after he was arrested for selling drugs.
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