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No. 126756
| The People of the State of Michigan, |
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Joseph A. Puleo |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(
Wayne - Evans, V.) |
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| Kimberly Starks, |
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Arlene F. Woods |
Defendant-Appellee. |
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Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee's Brief on Appeal>>
Background
The incident giving rise to defendant Kimberly Starks' arrest occurred at the Herman Keifer Hospital on June 30, 2001. Starks was a child care worker for a program for delinquent boys. She is alleged to have instructed a 13-year-old male resident, Jonathan Jones, to pull down his pants so that she could perform fellatio on him. At a preliminary examination, a coworker testified about finding Starks in the facility's laundry room with Jones standing behind her. Jones' belt was unbuckled and his pants were unbuttoned. His zipper was open, and he was holding up his pants. At the same hearing, Jones testified that Starks offered to perform fellatio. He testified that she instructed him to pull down his pants, and that he complied. Jones explained that they were then interrupted by Starks' coworker. After hearing this testimony, the 36th District Court refused to bind over Starks, finding that there was no evidence that Jones was placed in fear and that, as a result, he was not assaulted. The Court of Appeals affirmed the lower court's ruling after considering People v Worrell, 417 Mich 617 (1983), in which a majority of the Supreme Court held that a charge of assault with intent to commit CSC involving penetration is inappropriate if there is no evidence that the complainant was threatened, placed in apprehension of injury or harm, or was complying with the defendant's directives unwillingly. The Court of Appeals did urge the Supreme Court to reexamine Worrell. The prosecutor appeals.
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