This week, a defendant finally received appropriate and fair justice under the considerate and watchful eye of Barry County Judge William Doherty.
Clutch has been following along a string of resentencings with significant upward departures carried out by Judge Michael Schipper.
One case in particular, finally went to resentencing on April 17, 2025.
Here’s a recap on the events thus far, what happened, and my closing thoughts now that the case has reached resolution.
People v. Velasquez:
- 0-6 months sentencing guidelines.
- Judge Schipper sent him to prison for 36-60 months.
- During the appeal, the assistant prosecutor filed a Confession of Error, admitting and acknowledging the government made a mistake due to the broken plea bargain.
- Unfortunately, broken plea deals are a very common occurrence in Schipper’s court, though prosecutors are largely responsible for the scope of plea bargains.
- Listen to the Oral Argument here.
- Schipper resentenced the defendant to 396 Days and 2 years house arrest; the sentencing guidelines were STILL 0-6 months; but according to the sentencing guidelines and the Court of Appeals decision, he should have let him go.
- Michigan Court of Appeals remanded for resentencing but barred Judge Schipper from being the one to do it, as he had already resentenced outside of Sentencing guidelines…twice over.
What Happened at Resentencing
Judge William Doherty released the defendant from the additional two-years of house arrest imposed on Mr. Velasquez, resentencing instead to time served.
This is inline with the Court of Appeals’ ruling.
My Analysis
With this decision, Judge Doherty brought reason and justice back to the court room, taking crucial steps in repairing public trust and confidence in the judiciary.
I personally feel a sense of relief, and applaud Judge Doherty for setting the record straight.
It’s an absolute shame that Judge Schipper couldn’t honor his oath to interpret and uphold the law. Especially since his actions wasted time and taxpayer money.
All he had to do from the beginning was follow the Rule of Law.
Rework is Waste
Upward departures do not ensure justice; they are best described as rework.
Anyone who understands process improvement principles will tell you that rework is waste. Schipper required this case to be reexamined multiple times over rather than do the right thing at the beginning. This behavior is not only irresponsible and wasteful, but severely weakens the public’s faith in the system.
On a personal note, experiencing it and watching it carried out again and again for others very much destroyed my faith in the system. So much so, that it led me to speak out as loudly as possible.
At the end of the day, citizens just want their elected leadership to uphold and honor the Rule of Law; we aren’t asking for the world.
Just common sense.
