February 21, 2020

Motion to suppress confession denied in Erickson CSC case


WEST BRANCH — A motion filed by Neal Erickson’s attorney to suppress his confession relating to his first-degree criminal sexual conduct charge was denied during a Wednesday, Jan. 22 motion hearing, according to Ogemaw County Prosecuting Attorney LaDonna Schultz. He is scheduled for another motion and evidentiary hearing on Wednesday, Feb. 5 at 2 p.m. 

Schultz said the motion to suppress Erickson’s confession was based on the grounds that he was not read his Miranda rights. However, Schultz said Miranda rights are only required when a suspect is in custody, and it was determined during the hearing that he was not. 

Erickson previously pleaded guilty to having engaged in sexual acts with a male student who was older than 13 and younger than 16 between August 2006 and August 2009 and was sentenced to 15-30 years in prison. However, Erickson’s plea and sentencing were vacated in part due to legal precedent because during sentencing, the court did not include lifetime electronic monitoring as part of its verbal explanation to Erickson. 

In addition to the criminal sexual conduct charge, Erickson also faces a seven-year felony charge of using a computer to commit a crime, a four-year felony charge of possessing child sexually abusive materials and a two-year felony charge of distributing sexually explicit material to a minor. The charges had previously been dropped as part of his plea. However, as part of the decision to vacate, they were reinstated.


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so.... what transpired?

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