The Macomb Daily

New trial denied forman convicted of sex assault

- By Jameson Cook jcook@medianewsg­roup.com @JamesonCoo­k on Twitter

A Macomb County judge on Wednesday denied a new trial for a man convicted of sexually assaulting a minor female relative.

Attorney Wade Fink, representi­ng David Allen Hill, contended Hill didn’t receive a fair trial because his then-defense attorney was unaware he could try to “impeach” the victim’s testimony with her testimony at a prior trial.

But Judge Edward Servitto of Macomb County Circuit Court denied the request, saying although the attorney could have tried to discredit the victim’s testimony at a prior trial, his failure to do so didnot rise to the level that it would warrant a reversal of the conviction­s.

Hill, now 39, was convicted in June 2019 of two counts of second-degree criminal sexual conduct and two counts of fourthdegr­ee criminal sexual conduct for incidents when he lived in Utica, following a trial in Macomb Circuit Court.

In that same trial, he was acquitted of one count of attempted sexual assault, and the jury could not reach a decision on the most serious count, firstdegre­e criminal sexual conduct, which includes penetratio­n would have carried a mandatorym­inimum term of 25 years in prison due to the victim’s age.

He was sentenced to 4½ to 15 years in prison.

The victim testified at the trial Hill engaged in vaginal and oral sex with her, attempted to sodomize her and forced her to engage in sexual contact with herself when she was a minor. The girl said all of the incidents occurred in three bedrooms in a Utica home within an approximat­ely four-year period when she was about age 9 to 12.

Hill denied the incidents, and contended that the victim may have construed two non-sexual interactio­ns as sexual.

In a separate but related case, Hill in November 2017 was acquitted by a jury of first-degree criminal sexual conduct on accusation­s by the same accuser following a twoday jury trial in front of Judge Nick Holowka of Lapeer County Circuit Court. In that trial, the Macomb County incidents were learned by the jury for prosecutio­ns to try to demonstrat­e a pattern of behavior.

Servitto before the Macomb trial told attorneys the outcome of the prior trial could not be mentioned but her testimony could be referred to without revealing the outcome.

But Hill’s trial attorney, Tim Kohler, didn’t raise her prior testimony while cross- examining the woman because he believed he couldn’t mention the trial, according to attorneys.

Fink argued that Kohler pointing out potential inconsiste­ncies in the girl’s two testimonie­s stand via cross-examinatio­n could have turned the jury to acquit Hill on all charges. He also noted the “razor-thin margin” of conviction­s of Hill, noting he was acquitted of multiple charges at the two trials.

However, the judge noted Kohler extensivel­y cross-examined the witness and that the error was not impactful enough to warrant a new trial. Kohl’s questionin­g of the victim resulted in 70 to 80 pages of the trial transcript, attorneys said.

Assistant Macomb Prosecutor Emil Semaan, in arguing against a new trial, said any inconsiste­ncies were minor and not enough to overturn the conviction­s.

The case is also on appeal at the Michigan Court of Appeals.

 ?? JAMESON COOK — THEMACOMB DAILY ?? Macomb County Circuit Court Judge Edward Servitto talks from the bench Monday.
JAMESON COOK — THEMACOMB DAILY Macomb County Circuit Court Judge Edward Servitto talks from the bench Monday.
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Hill

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