STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM.
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff,
v
WILLIAM STRAMPEL,
Defendant,
Case No. 18-000479-FH-C30
Hon, Joyce Draganchuk
RECEIVED
APR 05 2019
30th Cireuit Court
Danielle Hagaman-Clark (P63017)
Assistant Attorney General
MICHIGAN DEPARTMENT OF ATTORNEY
GENERAL
Criminal Division
3030 W, Grand Blvd, Suite 10-350
Detroit, MI 48202
G13) 456-0180
hagamanclarkd@michigan.gov
‘Attomeys for Plaintiff
DEFENDANT’S MOTION TO COMPEL MICHIGAN S'
FURNISH DOCUMENTS NECESSARY FOR DEFENDAN’
John D, Dakmak (PS8210)
CLARK HILL PLC
500 Woodward Ave, Suite 3500
Dettoit, MI 48226
313) 965-8288
jdakmak@elarkhilcom
‘Attomeys for Defendant
Scott R. Eldridge (P66452)
MILLER CANFIELD PADDOCK & STONE,
‘One Michigan Ave., Suite 900
Lansing MI 48933
(517)483-4918
eldridge@millercanfield.com
Attorneys for Michigan State University
TE UNIVERSITY TO
CRIMINAL DEFENSE,
NOW COMES Defendant William Strampel, by and through his attorneys, Clark Hill
PLC and John D. Dakmak, and presents to this Honorable Court his Motion to Compel Michigan
State University to Furnish Documents Necessary for Defendant's Criminal Defense:
1, On or about July 9, 2018, Dr. William Strampel (hereinafter “Dr. Strampel”)
served a subpoena on Michigan State University (hereinafter “MSU”) for five (5) different sets
of documents/e-mails covering various communications between Dr. Strampel and key MSU
representatives (e.g., Kristine Moore) and departments (e.g., Office of Institutional Equality),
221435794.1 5789918293102. On or about August 1, 2018, MSU responded by providing roughly 10,800
documents to Dr, Strampel along with a privilege log listing 135 documents that were either
withheld or contained redactions premised on generalized assertions of attorney-client privilege
or work-product doctrine.
3. In relevant part, the People of the State of Michigan (hereinafter the “People”)
charged Dr. Strampel with two misdemeanor counts of Willful Neglect of Duty, contrary to
MCL § 750.478.
4, The willful neglect requirement the People must establish under MCL § 750.478
renders it a specific intent crime. See People v Waterstone, 296 Mich App 121, 142; 818 NW2d
432, 443 (2012).
5. Michigan courts recognize the advice of counsel defense is available to negate
specific intent crimes, See People v Slayton, 123 Mich 397, 400; 82 NW 205, 206 (1900).
6. Dr. Strampel’s Willful Neglect of Duty charges are premised on his former role as
the Dean of the MSU College of Osteopathic Medicine (hereinafter “MSU COM”).
7. Dr. Strampel’s invocation of the advice of counsel defense to the Willful Neglect
of Duty charges requires he be able to present documents and information establishing that he
relied in good faith on the MSU Office of General Counsel’s (hereinafter “OGC”) attorneys’
advice and the advice of the Office of Institutional Equality (hereinafter “OIE”) in their 2014
investigation of Amanda Thomashow’s Title IX Complaint against Lamy Nassar (hereinafter
“Nassar”, as well as relying on their advice in returning Nassar to the clinic and establishing the
protocols and circumstances surrounding his return, and who was in charge of supervising
Nassar in the aftermath of the OIE’s investigation.
221435794.1 57899/3293108. Dr. Strampel can identify the specific statements MSU claims are privileged and
he can specifically show how the statements negate the willfulness requirement under MCL.
§ 750.478.
9, Although only a misdemeanor, the People asserting the Willful Neglect of Duty
criminal charges against Dr. Strampel serves as an allegation that he bears a significant amount
of culpability for Nassar’s criminal conduct.
10. Under the unique facts and circumstances of this case, Dr. Strampel’s Sixth
Amendment right to present a defense far outweighs the need to protect MSU’s generalized
assertions of the attomey-client privilege,
11, Dr. Strampel, pursuant to MCR 6.201(C), seeks a court order compelling MSU to
produce unredacted copies of two privileged documents listed in the privilege log (or at least an
in camera inspection of said documents).
WHEREFORE Defendant William Strampel respectfully requests that this Honorable
Court grant the relief requested in this motion and supporting memorandum,
Respectfully submitted,
CLARK HILL PLC
hewelat
CW)
By:
500 Woodward Ave., Suite 35
Detroit, Michigan 48226
(313) 965-8300
idekmak@clarkhill.com
Attomeys for Defendant
Dated: April 5,2019
221435794, $78991329310