GENESEE CO., Mich. (WNEM) – A case in the Michigan Supreme Court could change a long-used tactic to catch child predators. It’s being argued that the tactic is entrapment — a practice where law enforcement persuades or causes an innocent person to commit a crime.
The case “People of Michigan v. Jayneel Ravindra Jade” stems from a Ghost Task Force investigation, involving the sheriff’s offices in Van Buren and Genesee counties. Lower courts previously upheld Jade’s convictions on several felonies, but his attorney argues police went too far and wants the high court to step in.
Timothy Doman is the defense attorney in the case. According to the case summary, the sheriff’s departments in Van Buren and Genesee counties posted an advertisement on an adult escort website as part of an undercover operation.
“They use photographs of someone who I believe was 19 or maybe even older. And so, people were contacting to arrange a meeting with this decoy. And so, they would usually start texting, start arranging for a meet up, and then the officer would say, well, I’m actually 15, is that ok?” Doman said.
The summary shows Jade began texting the decoy, insisting the woman had to be 16, but the decoy responded that she was 15-years-old. Jade then proposed going out to eat with her, and in response, the decoy again brought up exchanging sex for money. Ultimately, he agreed to meet the decoy at a hotel, where he was arrested and charged with child sexually abusive activity, accosting a child for immoral purposes, and using a computer to commit a crime.
Doman argues that the sting operation crossed the line into entrapment.
“An entrapment is defined as police creating a crime and then going out and inducing people to commit it, which is exactly what happened in this case,” Doman said. “What was the intent and design of it? Was it to catch people who otherwise would have committed the same crime, or is it to create crimes that otherwise would not have occurred?”
Genesee County Sheriff Chris Swanson said in a statement that “Since May of 2018, GHOST has worked diligently to identify and arrest predators of human trafficking, hold them accountable and prepare for prosecution. Prosecutors are a key component in making sure the variables of every charge are met and predators are ultimately convicted. However, we live in a system of due process. This allows for challenges to these cases, which is what is playing out in the Michigan Supreme Court, reference the Van Buren County case. However this court decides, GHOST will continue to follow the rule of law and do all that can be done to hold predators accountable and protect victims of human trafficking.”
The case has significant implications for Doman’s client.
“Certainly, it would be obviously momentous for my client who was convicted of a felony,” Doman said. “He’s on the sex offender registry now. This has upended his life. So, I think certainly a favorable decision in his case specifically would hopefully bring some closure to the situation and also right what I consider a wrong.”
Doman said a decision could come down anytime between now and the end of the court’s session in July.
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