MENOMINEE COUNTY, Mich. (WLUC) — Former Menominee County Sheriff’s Deputy Brian Helfert is headed to trial after withdrawing his plea at a sentencing hearing Thursday.
The sentencing hearing was for a case in which Helfert had entered a plea agreement on Dec. 14 for one count of criminal sexual conduct- intent to commit sexual penetration. He pled “no contest.”
During that Dec. 14 plea hearing, the defense and prosecution came to a plea agreement “ending the current and future trials.” Menominee County Prosecutor Jeffrey Rogg said as part of that agreement, Helfert would serve a total of 25 months in jail, five years of probation and be on the sex offender registry for the rest of his life.
However, Menominee County Circuit Court Judge Mary Baglind opened the Thursday sentencing hearing saying, “The court has decided and I have previously indicated to council that I would be going along with the recommendation in this case... which was not to go along with the sentencing agreement.”
When given the opportunity to speak, Helfert’s defense attorney Trenton Stupak argued that sentencing Helfert according to the previously agreed upon plea agreement was most appropriate for the case and the justice system.
“A plea agreement reached on the second day of trial is for the attorneys to know what is best,” Stupak said. “Mr. Rogg, myself, went over the pros and cons, the positives and negatives, and we came to an agreement that we believe best reached the goal of the justice system... for the alleged victims of the crimes and for the accused of the goals...On behalf of Mr. Helfert, I request the court continues its consent of what has been reached, because nothing has changed... What was known on Dec. 13 is what is known on May 25th.”
Stupak also argued that outside pressure to deviate from the sentencing agreement plaid a role in the case. He cited two letters received by the court— one from a prospective juror, and one from an anonymous sender — asking that the court to impose a more severe sentence.
Menominee County Prosecutor Jeffrey Rogg also defended his actions in reaching a plea agreement with Helfert and Stupak in December.
“‘People who are not prepared to do unpopular things are not prepared to do be ministers in times of stress’,” Rogg said, quoting Winston Churchill. “(The lawyer) is not just a lawyer... he is a minister of justice... It speaks of the difference between being in the conviction business and being in the justice business.”
In addition, Rogg said his decision to approve the plea agreement was based on the limitations of what he could successfully use in court.
“There is an inherent disconnect in the justice system between what is inherently known... and what I can use (in the prosecution),” Rogg said. “Our courts systematically limit what can be used to prove a case... Often those rulings are to the benefit of the defendant, even in a sex offender case like this one. These legal guardrails are centuries old and they can be protections of individual liberties of the accused. I take seriously the presumption of innocence... I am the person with the most evidence about both Helfert cases... we had statute of limitations here.”
He also said the “delayed reporting” in the case was a detriment.
In closing, Rogg echoed what he had said in December. “(In) my professional judgement, for the good of the community, (I decided) to put the whole sad business behind us... There was no corruption. It was based on the items I had mentioned. The facts and the circumstances.”
Judge Baglind thanked both the defense and the prosecution for their comments, but again said she would not sentence Helfert according to that laid out in the agreement.
“The decision that I’m making here today is not in any way to criticize either of the attorneys... for their role in putting this agreement together. I would agree that both attorneys have put forth Herculean efforts,” Baglind said. “...I do believe that the sentencing agreement... is not the appropriate way to go in this matter. I do believe and what I intend to sentence Mr. Helfert to would be... a sentence of a minimum period of 40 months up to 5 years (in prison).”
Baglind said the decision was reached in part because the presentence report from 2020 had information the court was not previously familiar with at the time of the plea agreement.
“Most prevalently (it was) the similarities between the two cases, including grooming and the conduct of the defendant, which brought the case to a whole other level in my eyes,” Baglind said.
Because the court’s sentencing decision varied from the sentencing agreement reached in December, Helfert had opportunity to withdraw his plea, which he did. As a result, his case is now headed to trial. He is scheduled for a pretrial conference on June 30 at 10:30 a.m.. The trial is set to begin Nov. 27
Meanwhile, he is also scheduled for a pretrial conference on June 6 for a separate case, concerning two counts of criminal sexual conduct in the first degree, filed in circuit court September 7, 2022.
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Published May 10, 2023 2:48:46 p.m.
The former Menominee County Sheriff’s Deputy charged with criminal sexual conduct (CSC) felonies will return to court for two separate cases.
On May 25, he will appear in circuit court to be sentenced for one count of criminal sexual conduct- intent to commit sexual penetration, to which he pled “no contest” on Dec. 14, 2022. When the case was filed in circuit court May 19, 2022, he was also originally charged with two additional counts: third degree criminal sexual conduct and second degree CSC-weapon used. However, those two charges were dropped on a “nolle prosequi” dismissal, or rather, “a formal decision by plaintiff or prosecutor not to pursue prosecution”.
During that Dec. 14 plea hearing, the defense and prosecution came to a plea agreement “ending the current and future trials.” Menominee County Prosecutor Jeffrey Rogg said Helfert would serve a total of 25 months in jail, five years of probation and be on the sex offender registry for the rest of his life.
TV6 is still not sure how this agreement will affect the other case scheduled for a pretrial conference in circuit court on June 6. That case concerns two counts of criminal sexual conduct in the first degree, filed in circuit court September 7, 2022.
In total, Helfert has seen five cases and 24 felony charges related to CSC against him enter Menominee County Circuit Court between 2020 and this year. Of those 24 charges, he has so far been sentenced for one, with the outcome of 3 to be decided upon, and the other 20 dismissed by way of nolle prosequi.
Aside from the two currently moving forward in circuit court next month, a case was filed against Helfert on Feb. 19, 2020, in which he was charged with one count of accosting children for immoral purposes and one count of third degree criminal sexual conduct. He was sentenced on Dec. 4, 2020 to six months community service for the charge of accosting children, for which he pled “guilty.” The second charge was dismissed.
Then on May 25, 2021, a case was filed in circuit court against Helfert in which he was accused of 16 felony charges: 8 counts of first degree CSC, 3 counts of second degree CSC, 3 counts of third degree CSC, 1 count of child abusive activity, and one count of committing/procuring gross indecency between males. On Feb. 19, 2022 all 16 of those charges were dismissed by a decision of “nolle prosequi.”
The fifth case, in which Helfert was charged with one count of second degree CSC-weapon used, was filed in circuit court on May 19, 2022. That charge was disposed on a nolle prosequi dismissal on Dec. 20, 2022.
This story was written and published by NBC station TV6 - WLUC.
