Hearing moved for man accused of molesting sleeping woman

A hearing to determine whether a west Michigan man will face trial over allegations that he molested a sleeping woman was delayed so his new attorney can acquaint himself with the case.

A preliminary exam was scheduled Friday for Jacob Emmett Martin, 23, of Fountain, who is facing two counts of fourth-degree criminal sexual conduct.

His new attorney requested an adjournment on Thursday, telling Circuit Court Judge Sara Spencer-noggle that he was just recently retained. At a previous hearing, Martin was represented by the Isabella County Public Defender’s Office.

Citing potential scheduling conflicts with witnesses and in his own office in May, Principal Trial Attorney Mark Kowalczyk told Spencer-noggle he opposed further delaying proceedings.

Spencer-noggle told both attorneys that she empathized with their position and would, “split the baby,” by moving the exam to 1:15 p.m. on April 27.

Martin’s case has been hung up on its preliminary exam for four months. He originally waived his right to hold one in early January, then that was voided in late February. In March, he requested an in-person hearing, which was scheduled for Friday.

He is accused of going to an apartment last July and molesting a woman described as a friend and occasional dating partner while she slept.

The complainant told officers that he’d come over after failing to have sex with another woman, smelling of alcohol, and that they’d gone to bed in different rooms.

He is accused of going into her room and trying to have sex with her, but she resisted and managed to push him off with her knee, she told an officer with the Mt. Pleasant Police Department.

He was charged with two counts with fourth-degree criminal sexual conduct on Dec. 29 due to complications created by the COVID-19 pandemic and because of the holidays.