Lt. Governor, Women's Commission, and Family Independance Agency Denounce Judge's Ruling

Lt. Governor Dick Posthumus today denounced this week's decision by U.S. District Judge Richard Enslen that Michigan's 7-year-old anti-stalking law is unconstitutional. Posthumus, who in 1993 as Senate Majority Leader led the passage of this legislation, stated that Michigan's strong record of putting criminals behind bars and protecting Michigan citizens could be in jeopardy because of Enslen's activism.

"This ruling is bad news for the innocent citizens of Michigan because it makes their rights to safety secondary to the rights of convicted felons,” Posthumus said. "Over the last decade, Michigan has taken a strong stand against criminals and for the innocent victims of crime. As he has in past, Judge Enslen is acting as legislator, governor and judge in attempting to dismantle Michigan's anti-stalking law to protect the stalkers and possibly endanger the victims."

Michigan's anti-stalking law was approved in 1993 and has proven successful in protecting victims, in most cases women, from predators. Serving as a national model for similar anti-stalking legislation in states throughout the country, Michigan's statute has been embraced by those in the law enforcement community, as well as prosecutors and domestic violence experts, as a valuable tool in protecting Michigan's citizens.

Martha Truscott, Executive Director of the Michigan's Women's Commission, joined the Lt. Governor in saying that this decision threatens to halt the progress of efforts made to protect women from being stalked.

"This decision sends a clear and disturbing message that the rights of convicted criminals are considered more important than the rights of innocent victims," Truscott said. "Michigan's anti-stalking law is a national leader in protecting men, women, and children from predators and is helping to assure the safety of thousands of people. That cannot simply be ignored."

"This law has been a valuable tool in Michigan's fight to stop domestic violence and abuse," Debra Cain, Executive Director of the Michigan Domestic Violence Prevention and Treatment Board, said. "Since its passage, the threats of domestic violence have decreased in many cases because the victims have had the law on their side and are able to stop a stalker from threatening their safety. It has empowered the victims of stalking; this ruling empowers the stalkers."

While Judge Enslen's opinion effects only Jerry Staley, a career criminal and the defendant in this case, and is subject to a hearing before the U.S. Court of Appeals, the possibility exists that anyone currently facing stalking charges, incarcerated, or on probation for stalking could use Enslen's decision in their defense or to appeal their own convictions.

"I am confident that the Court of Appeals will reject Judge Enslen's decision and find, just as the Michigan Legislature and Governor already have, that Michigan's anti-stalking law is constitutional, that its a needed law enforcement tool used for protecting the people of our state, and a national model in the prevention of stalking," said Posthumus. "In the meantime, Michigan will still enforce the anti-stalking law, and no victims of stalking should be dissuaded from seeking help from their local law enforcement officers." Enslen is remembered as a judge who has repeatedly ruled against the State of Michigan, thereby costing the taxpayers of the state millions of dollars. Most notably, Enslen's 1994 ruling to divide the state prison in Jackson into four separate facilities cost Michigan taxpayers $110 million.