News Photo by Mike Gonzalez Michelle Elowski, present at her hearing via Zoom, is questioned about her ability to comply with court orders at the Probate Court on Monday. |
by Mike Gonzalez
ALPENA — Alpena Attorney Michelle Elowski testified in Alpena’s Probate Court on Monday that over $550,000 she managed on behalf of two Alpena families is no longer in her possession and that she cannot purge the contempts.
Elowski faced back-to-back hearings starting at 8:15 a.m. Monday in court after being ordered to hand over $287,794 to the estate of Kenneth Mausolf and $270,908 to the Trueman Harrison and Modesta Harrison Trust, according to court records.
The original amount that was ordered by the court for the estate of Kenneth Mausolf was $502,969, but after reviewing accounting information from Elowski, the court found that some properties of the estate have not been sold yet and updated the order to $287,794 that should have been in Elowski’s control.
However, Elowski, in both hearings, testified that the money is no longer available as she no longer possesses the amount needed.
“Sometimes, in order to get your life back, you have to face the death of the life that you thought you were going to have and I’m at that point,” Elowski said before telling the court of her inability to purge the contempts. “I’m prepared to say today what needs to be said in order to handle this particular order.”
Judge Alan Curtis ordered extra hearings to understand how the money is no longer in Elowski’s possession, but could not say when that will be.
The most that Curtis could say was that hearings would likely happen on another Monday within a few weeks.
He also could not hold her in jail anymore, as Elowski directly answered whether she could comply with the court orders, so she will be released soon.
Elowski’s attorney with the Northeast Michigan Regional Defender Office declined to comment for this story. Attorneys for the Mausolf and Harrison families couldn’t be reached for comment on this story.
Tracie Schaedig, a family member involved in the Harrison Trust case, said she hoped to see Elowski stay in custody until she purged the contempts.
“We have several outstanding orders regarding our cases and to see Ms. Elowski released from custody is a huge disservice to our community,” Schaedig said. “We sometimes find ourselves asking when the justice system will crack down on crimes such as these, but we are trying to keep our faith. We will continue to stand up, speak out, and encourage others to do the same.”
Elowski, while soon to be out of jail, does not have her driver’s license or passport and must wear a tether due to her bond requirements from an arraignment on Feb. 2 in Oscoda County on two counts of common law fraud, one count of check fraud with non-sufficient funds of $500 or more, one count of embezzlement by a trustee of $1,000 or more but less than $20,000, and one count of embezzlement by a trustee of $50,000 or more but less than $100,000.
Elowski posted bond in Oscoda County but was then immediately transferred and booked in the Alpena County Jail on Feb. 3 because of two bench warrants she faced for contempt of court in the Mausolf and Harrison cases.
A preliminary examination, at which a judge will decide if the prosecution has enough evidence for the case to proceed to trial, was originally set for Feb. 12 but was recently adjourned to April 2.
State Police Specialist Lt. Derrick Carroll, a public information
officer, said police expect to seek more charges and to identify more
victims, but at the moment no arrest warrants are out for Elowski.
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Elowski tells court the money is gone
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