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Judge removes himself from criminal sexual conduct case

ESCANABA — Delta County Circuit Court Judge John Economopoulos will no longer preside over the two criminal sexual conduct cases involving a Gladstone teen. Economopoulos announced his decision to step down from the case during a status conference in circuit court Wednesday.

Hunter Grizz Gallagher, 18, of 3498 21st Rd., was arraigned last week in circuit court in two different cases involving criminal sexual conduct charges.

Gallagher was charged in one case with criminal sexual conduct – first degree (accomplices) and criminal sexual conduct – second degree (accomplices). The charges stem from an alleged incident in August 2018 in Masonville Township. Two other teens are facing charges from this incident — Tanner James-Arthur Cannon, 17, of Gladstone, and James Michael Greenlund, 18, of Rapid River.

Gallagher was also charged in another case with criminal sexual conduct – first degree (during felony) and criminal sexual conduct – third degree (person 13-15). The charges stem from an alleged incident on June 13, 2017, in Gladstone. Another teen is also facing charges from this incident — Dylan Michael-Patrick McDonough, 18, of Gladstone.

During the arraignment on Feb. 6, Economopoulos disclosed he has a professional and personal friendship with Gallagher’s uncle’s wife. Economopoulos scheduled the status conference to give time for the attorneys and himself to decide if he needs to remove himself from presiding over the Gallagher case.

Although neither Gallagher’s attorney, Trenton Stupak, or Assistant Attorney General Brian Kolodziej, who is prosecuting the cases, asked for Economopoulos to step away, Economopoulos decided the appearance of bias was too likely to occur if he continued presiding over the cases in which Gallagher is the main defendant.

“Legal terminology aside, as the oatmeal commercial used to say, ‘it’s just the right thing to do,'” said Economopoulos about himself stepping down from the cases.

Economopoulos said he believe he can stay on the other cases involving the other defendants unless the trials are to be joint trials. He added attorneys for the other defendants still have the right to ask for him to step aside from those cases.

Kolodziej, who appeared in court through a telephone call, said he does plan to file a motion for a joint trial on both of the Gallagher cases. However, a consensus was reached where Kolodziej would wait to file for the joint trials once a new judge is selected.

Economopoulos said it is his intent to begin the process of having a new judge reassigned immediately.

Stupak and Kolodziej both agreed once a new judge is selected another status conference should occur so a pre-trial hearing and bond modification hearing can be scheduled with the new judge.

Gallagher, who appeared in court by a video conference call, remained silent during the status conference.

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