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Sex offender’s parole over judge’s objection reveals potential loophole
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Sex offender’s parole over judge’s objection reveals potential loophole

GRAND RAPIDS, Mich. (WOOD) — A letter of objection written by an Ottawa County Circuit Court judge last October reveals a possible flaw in the state’s parole process.

Judge Karen Miedema wrote a letter of objection to the parole board before convicted sex offender Gregory DuJardine’s hearing last November. In the letter, Miedema urged the board to “deny DuJardine’s parole” because the defendant had not completed sex offender treatment and failed to recognize the seriousness of his past crimes.

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DuJardine was serving a life sentence for raping an Ottawa County park ranger in 1988. He was then on parole for sexually assaulting a gas station attendant two years earlier. As the life sentence was not a mandatory sentence, he became eligible for parole after serving 15 years.

A parole board can grant life parole if six of its 10 members approve, said Jenni Riehle, public information officer for the Michigan Department of Corrections. A defendant is eligible for parole if he or she meets four elements: First, the defendant has served the prescribed minimum length of his or her sentence – in DuJardine’s case, it was 15 years. Second, the sentencing judge does not object. Third, a public hearing is held. And fourth, a transcript of that hearing is filed with the Attorney General’s office and an acknowledgment of receipt of the filing is returned.

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The second factor — the sentencing judge does not object — is what is under scrutiny this week. As in DuJardine’s case, his sentencing judge, James Townsend, has since died. But Townsend’s words at DuJardine’s sentencing in 1989 were prophetic.

“The conduct in these two cases exemplifies and exemplifies extreme violence, temper, lack of control, aggression and willingness to use a weapon in these circumstances,” Townsend said. “We believe this defendant is very dangerous to women. We could call him a predator…”

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Miedema, Townsend’s successor, not only submitted Townsend’s prescient words in his letter of objection to the parole board, but also listed his own concerns.

But a successor judge’s objection doesn’t carry the same weight before a parole board. Riehle told News 8 that a successor’s objection is part of the official record but does not prevent the parole board from proceeding.

This means that if Townsend were still alive and his opinion was still valid, Dujardin would never have been granted parole. But due to lack of time, the 60-year-old repeat offender walked in January.

DuJardine is back in an Ottawa County jail as he awaits trial on his latest charges: 2nd Degree Criminal Sexual Conduct – Causing Injury.

Adam Hill, a detective with the Ottawa County Sheriff’s Office, testified in DuJardine’s latest case earlier this week, saying DuJardine said at the end of one of his discussions with detectives that “I’m going go for life on this one.”

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