Macomb County prosecutor appeals sex assault case to U.S. Supreme Court

The Macomb County Prosecutor's Office is appealing a case to the U.S. Supreme Court after a new trial was awarding to a man previously convicted of sexual assault.

The Michigan Supreme Court found the Macomb County Circuit Court violated Anthony Veach's Constitutional rights during his jury trial for sexual assault when the judge closed the courtroom during the child victim's testimony without putting specific reasons for the closure on the record. The court sent the case back to Macomb County for a new trial for Veach.

Lucido is appealing the case to the U.S. Supreme Court to answer the question of if a child rape victim should have to go through a second trial because of a technicality when there are "ample and obviously reasons in the court record justifying the closure of the courtroom during the child victim's testimony, even if the trial court does not expressly state those reasons on the record," according to a press release from his office.

"We are determined to do everything within our power to shield the sexual assault victim from further trauma and ensure that justice is served," Lucido said in a statement. "We are appealing to the United States Supreme Court to address the critical question of whether a technicality should force an already brave survivor to relive her painful experience again in court. We firmly believe that the pursuit of justice should not come at the cost of her well-being, and we await the highest court's decision regarding whether to hear this case."

Veach was convicted in 2017 of seven counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct. He was convicted of sexually assaulting his daughter when she was 15 and 16 years old.

He was sentenced to 20 to 60 years in prison.

Before closing the courtroom, Judge Joseph Toia was supposed to have considered alternatives on the record, which he did not do, the justices concluded. Toia granted the prosecutor's motion to close the courtroom because the defense did not object at the preliminary exam and because other family members were sequestered as potential witnesses.

But the majority of the Michigan Supreme Court ruled that it is "not enough that an appellate court can discern whether it believes that there were reasonable alternatives after the fact, instead, 'the trial court must consider reasonable alternatives to closing the proceeding,'" according to the order. "Post-hoc rationalizations for courtroom closure made by an appellate court are not sufficient."

In a concurring opinion, Chief Justice Elizabeth Clements wrote that while she believed the reversal was required, she did not like the practical result of mandating a new trial.

"I believe the closure was very likely justified insofar as there was an overriding interest that was likely to be prejudiced and the closure was no broader than necessary; the error here consists only of a failure by the trial court to make an adequate record by considering reasonable alternatives to closure and by making findings adequate to support the closure," Clements said. "I see no viable basis in the caselaw to avoid the rule's application in this instance. Therefore, despite that a new trial will exact considerable costs on all the parties involved, particularly on the victim, I believe that reversal is legally required."

Michigan Supreme Court Justice Brian Zahra disagreed with the court's majority finding that Veach deserved a retrial.

"The majority order reverses a judgement entered upon the jury's verdict and remands for retrial, solely because the trial court took steps to protect a child victim of sexual abuse," Zahra wrote.

If the U.S. Supreme Court declines to hear the case, Veach will be retried in Macomb County. He remains in custody on his original bond.

kberg@detroitnews.com