Judge postpones preliminary exam By Erin McClary SHELBY TOWNSHIP — New charges have transpired in the case of a Macomb Township caretaker accused of sexually molesting two young autistic boys in June. Although the preliminary examination for 21-year-old Jonathan Maltese was postponed again, his July 29 court appearance brought an additional arraignment, boosting his original two counts of second-degree criminal sexual conduct charges to first degree, a life felony. In June, Maltese was caught on nanny cam surveillance allegedly accosting the two young autistic children he was caring for at the time. The parents of the children set up cameras in their Macomb Township home, where Maltese was working for a local agency that specializes in the needs of autistic children, out of curiosity, said Capt. John Roberts of the Macomb County Sheriff’s Office after the accusation. Maltese was first arraigned in Shelby Township’s 41-A District Court on two counts of second-degree criminal sexual conduct, a felony carrying a 15-year sentence; one count of gross indecency between males committing or procuring, a five-year felony; and one count of accosting children for immoral purposes. The new arraignment included the original four counts as well as two others, increasing his charges to first degree and his minimum sentence to a mandatory 25 years. The two additional charges involve sexual penetration with a person under the age of 13 and carry a maximum life sentence. The dates of the accusation were also changed on record, as prosecuting attorney Rebecca Oster said the June 19 video only captured one incident. She said based on the “multitude of the assaults … they appeared to be happening in a series.” “There’s multiple dates that the defendant assaulted the kids,” she said, asking that the incident date be changed from June 19 to June 2008. “These are people who could not speak. He clearly took advantage of them.” Maltese’s original prelim was scheduled for July 7 in Shelby Township; however, that was adjourned based on stipulations from both the defense and prosecution. The rescheduled preliminary exam July 29 was again postponed after defense attorney Jim Czarnecki argued that Oster was violating Maltese’s rights by withholding the surveillance video. He said his client has yet to see the evidence being brought against him, even after several requests to the Macomb County Prosecutor’s Office. The entire defense team had only seen the video once, and that was weeks ago at an FBI office. “Mr. Maltese did not have an opportunity to view the evidence against him. That interferes with his rights,” said Czarnecki. “We can’t properly proceed to preliminary exam … we’re just asking for a fair opportunity.” For Maltese to see the video for the first time during a preliminary exam would be “trial by surprise,” Czarnecki continued. Oster argued that the video, which is the key evidence in the case, was considered illegal child pornography. Citing the Adam Walsh law, she justified her reasoning for withholding it, stating “the material in the video appeals to the defendant” and therefore shouldn’t be released. Czarnecki said together they would view the video under supervision, despite what he called the nonsensical assumption that it would arouse his client. Also during the July 29 hearing, Oster asked that Maltese’s bond be raised and that he remain in custody in light of the new charges, as he may pose a flight risk or threat to society. Maltese’s friends and family, who filled the courtroom July 29, shook their heads and sighed when Oster told Shepherd she was concerned for Maltese’s younger brother, who is also autistic. Judge Douglas Shepherd granted her request for a $100,000 bond and agreed to put him on house arrest for the duration of the case, but said he would not motion on something that’s never been an allegation, referencing Maltese being a threat to his younger brother. Czarnecki assured Shepherd that his client would be at every court appearance; that he has no criminal history and does not pose a flight risk. In the meantime, Maltese has been suspended from his caretaking position. The victims’ names and ages, as well as the name of the autism agency Maltese worked for, were not released in an effort to conceal the identities of the victims’ family. Shepherd gave the parties two weeks to come to an agreement about the video viewing and submit the appropriate statutes to the court. “I’m just not in a position to rule at this time,” he said. The next hearing will determine a date for Maltese’s preliminary examination back in Shelby Township. He is pleading not guilty to the charges. You can reach Staff Writer Erin McClary at emcclary@candgnews.com or at (586) 279-1118. |
