In a case investigators describe as "tragic," a 32-year-old mentally impaired man alleges he was sexually abused by his court-appointed guardian -- a convicted sex offender -- for two years, police say.
Duane Emery Kuerbitz, 49, of Bay City is jailed on first- and third-degree criminal sexual conduct charges in lieu of a $2.5 million bond.
"It's a sad case made even more tragic since our investigation shows he never should have been placed in Kuerbitz's care to begin with, and then no one did anything about his complaints," Oakland County Undersheriff Michael McCabe said.
Court records indicate the alleged victim is mentally impaired and has had a series of guardians since childhood.
On June 1, 2007, Kuerbitz filed for guardianship in Wayne County Probate Court, where records show Probate Judge Martin T. Maher and a previous guardian, Maria Ortiz, were aware of Kuerbitz's sex offender status when he was awarded guardianship.
Ortiz, who could not be reached for comment, contested the guardian change, citing concerns about Kuerbitz and how her ward "could be easily manipulated," according to court records.
Attorney Steven Geller, appointed in 2007 as guardian ad litem to investigate Kuerbitz's request, was advised of Kuerbitz's sex crimes but still recommended the change after a private interview with the victim.
Full Article and Source:
Man, 32, Accuses Guardian of Abuse