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| Circuit Judge Amy Grace Gierhart |
Circuit Judge Amy Grace Gierhart addressed the issue of Misty Leann Thompson’s arrest for the alleged stalking of key court personnel and having a loaded gun.
“I’m here to tell you … you might have been at funerals today," Gierhart said as her voice cracked with emotion. "That is how close it was. It was the closest call that we have ever had. It’s hard for me to talk about it. This has been a really scary time for us. You need to know that.
“The situation was as close as we are right here, and one in the chamber.”
When Gierhart said that she was standing at the podium in the board meeting room a few feet away from commissioners.
The judge was referring to the arrest of Thompson, 39, of Caro, on Aug. 5, by Tuscola County sheriff deputies in the courthouse parking lot.
Thompson is charged with five felony counts. She is charged with carrying a dangerous weapon with unlawful intent, carrying a concealed weapon, aggravated stalking and two counts of possession of a firearm while committing or attempting to commit a felony.
The first three counts carry a maximum sentence of five years in prison while the felony firearm counts which carry a maximum sentence of two years each.
Thompson is involved in a custody dispute in probate court, which is overseen by Judge Nancy Thane, and she has also had issues with court referee Tara Hofmeister, and attorney Lisa Blanton.
According to Gierhart, there is a lot more to the situation than what has been in area newspapers.
“We know more than that," she said. "We have been dealing with that situation for a month. (Thompson) left the building, sat in the back, and then left. She then came back at 4:30 p.m. We assembled the entire courthouse staff to walk out together with 10 deputies. Even with that she came in parked next to our cars. That is when she was arrested."
Thompson had been in and out of the courthouse several times over the last month.
“She has been harassing and threatening various individuals in the courthouse," said Tuscola County Prosecutor Mark Reene. "We are feeling very fortunate she was taken into custody at the time she was, and the loaded weapon she had was located. It could have resulted in an incalculable tragedy but was stopped.”
Besides having a loaded gun with a round in the chamber, according to court records Thompson also had binoculars, a telescope, a baseball bat, and knives in her vehicle.
“This situation could have been a big deal,” Gierhart noted. “I think what has happened lately is just the beginning of it. There have been a lot of them lately. I want you to know and be aware it was luck (that nothing happened).”
Gierhart said she could talk about the matter because courthouse staff are disqualified from dealing with the matter.
“The general public, let alone commissioners, don't get a lot of feedback so we don’t know the magnitude," said commission Chair Thom Bardwell. "There is always more than what is written. I don’t know what is going on in this county related to things like this. There is a high level of concern, and I hope residents begin to understand what you are going through, and what some of the potential issues are.”
Also, the judge pointed out that Thompson had been on the commissioners committee of the whole agenda.
“We each have a role," she said. "We are judicial, you role legislative. What concerns me about this recent situation is that people don’t understand the distinction and look to you (commissioners) for remedies in situations which are judicial in nature. When someone has an issue with a judicial decision, and that happens every day, there is a process for that. There is the appellate court.”
Thompson also took her issues to the county’s Controller-Administrator Clayette Zechmeister.
“She came into my office. I tried to make it clear to her that commissioners have no jurisdiction over judicial,” said Zechmeister, noting Thompson said she had concerns and documents regarding her issue with the county’s wanting to get equipment to do video and audio recordings of court proceedings. “The documents didn’t appear to have anything to do with that.”
Bardwell concurred Thompson had been on the agenda and was subsequently removed. She was arrested three days before the county meeting.
“I want to comment about her being on the agenda," Bardwell said. "We had discussions with our legal team. In the board rules, it has been a privilege to allow people to present to us, and we’ve had presentations that we didn’t need. The situation was very concerning to the point it was taken off the agenda. It also puts us on high alert because we are the most fluid here where people can just walk in. So we seriously understand your concerns.
“After reviewing her attachments (documents). It could have been a disaster. You know you have been through it."
“We were counseled on what to do and what not to do,” Bardwell added.
The situation is having commissioners rethink how they conduct public business.
“I think there has been too much deference to it," Bardwell said. "So now no one will be on the agenda — just in public comment, which we can’t stop. Going forward, that is what we are doing here. We recognize that issue now. Even public comment could be risky. We have been rather loose when someone wants to address the board. We don’t have to do that — only in public comment. That is what we got from our legal counsel."
“This (situation) has set us back," Bardwell said. "There was a different intention than what was portrayed to be on the agenda. I read the documents just before the meeting. I knew what had happened. Your concerns are ringing with me. Think things will get worse and we need to work together."
Commissioner Dan Grimshaw said he understood the situation and has run into instances where some people fail to recognize legal authority and cannot be reasoned with discussion.
“It’s a movement that is out there that started in Huron County," Grimshaw said, referring to The Base, a white nationalist group that was attempting to establish itself in Bad Axe. "That has been the biggest area where it has come from. It is scary because their perception is they are not regulated by the laws of Michigan because they are free citizens, a separate nation unto themselves.
“I understand your fear judge.”
After that discussion, the original issue of purchasing a Justice Audio and Video System from Justice AV Solutions Inc., was addressed. The system would record both audio as well as video of court proceedings in circuit, district, probate, magistrate, as well as the referee hearing room on a DVD. The fee to obtain a DVD is expected to be $20, which is much cheaper that a traditional court transcript.
A traditional transcript of a two day hearing could cost $1,500 to $2,000, so it is advantageous for citizens. Gierhart also explained the DVD would be an official record.
The electronic system would replace the traditional court
recorder position, which would save about $80,000 in wages. The system
has been discussed at length over the last couple of county meetings.
After another disunion of the advantages of the DVD recording system,
commissioners approved the $294,619 with 50% being paid over two budget
years in payments of $147,310, and to use American Rescue Plan Act funds
it is possible to fund the purchase.
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