Man who says he fought sex advances loses appeal

STANTON, Mich. (AP) -- A Michigan appeals court judge says a man convicted of assault is a victim of unequal justice.

Douglas Shapiro was the dissenting judge in a 2-1 decision that upheld the conviction of Dale Cutler, who insists he beat up another man in Montcalm County to stop sexual advances.

Cutler wanted jurors to consider self-defense in the 2009 incident. The trial judge said no and so did the appeals court last Friday.

In his dissent, Shapiro wonders if the decision would have been different if Cutler had been a woman claiming to have fought off sexual advances. He says Cutler deserved a new trial.

Cutler was convicted of assault and sentenced to at least 11 years in prison. He knocked the other man's teeth out. Cutler's background includes cage fighting.

Published: Tue, Jun 21, 2011