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Sergeant’s actions not admissible in Jackson case

ESCANABA — A motions hearing in the case of Tavaris Jackson, who is accused of murdering his pregnant ex-girlfriend, 22-year-old Harley Corwin, and leaving her body in O.B. Fuller Park last year included lengthy discussion about evidence and officers involved in the investigation.

A key component of the hearing was whether or not information related to Delta County Sergeant Tom Lewis and his interactions with a female witness would be admissible in court.

According to information presented in open court, the off-duty sergeant was too drunk to drive when the witness contacted him about Corwin’s murder. He invited the witness to his home, gave her alcohol, repeatedly told her “you’d better not hold out on me,” and suggested he would “get her in trouble regarding” cocaine use if she did not cooperate with him.

Jackson’s Defense Attorney, Diane Kay-Hougaboom said there was a sexual component of the interaction involving photographs as well, that Lewis initially denied but later admitted to during the investigation.

“I think that that particular issue, right, is to whether in the initial investigation he lied about the sexual component of an interaction that he had while investigating this particular homicide case is absolutely relevant,” said Kay-Hougaboom. “But in the more broad scope, Your Honor, the defense’s position is that the manner in which this police witness treats the investigation and treats his interactions with witnesses is going to be absolutely relevant, and frankly, I’m inclined to question not just Sergeant Lewis about it but also other witnesses as to what was the context of their communications with Sergeant Lewis, because it’s not a question of, was he a bad guy on this one particular night with this one particular girl? It’s did that affect the way this investigation was.”

“The defense keeps saying that he admitted to sexual components. That is not the case,” said Prosecutor Caitlin Kirby, of the Michigan Attorney General’s Office, which is prosecuting the case.

According to Kirby, Lewis had admitted to actions contained in a hand-written complaint from the witness. That complaint did not contain allegations of sexual conduct.

Kay-Hougaboom responded by pointing to text messages contained in an investigation report from the Michigan State Police.

A document that has been referenced by the defense indicates the officer was given a two-day suspension from the Delta County Sheriff’s Office. A request by the Daily Press for more information about Lewis’ suspension through the Freedom of Information Act was denied earlier this year, as personnel records for law enforcement are exempt from FOIA, the sheriff’s office felt such information could hinder this or future investigations, and could impede Jackson’s constitutional right to a fair trial.

Kay-Hougaboom, repeatedly argued it was a question of Lewis’ credibility.

However, the prosecution indicated it had no intention of calling the witness to testify, and argued that without her, the actions were irrelevant — essentially, if the witness did not testify, then the actions could not affect her testimony. They also argued that Lewis’ intoxication at one point did not mean he was intoxicated for the entirety of the investigation.

Economopolous agreed that Lewis’ actions with a witness would have the most impact on that witness.

Ultimately, however, the issue came down to court rules, which prohibit evidence — even if relevant — from being presented in certain cases. Specifically, the court’s evidentiary rules include “extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.”

“It would take us down a rabbit hole that would confuse the jury, perhaps irreparably, and it could mislead the jury as well. The court believes that although the evidence would be relevant, I don’t believe it would pass the standard,” said Economopolous.

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