Western Wayne Today

The Hearing is Adjourned by Judge Kelly Ramsey

Judge Kelly Ramsey did not to enter an order vacating the convictions and charges and dismissing the case. She explained that this morning a Detroit police officer that she was familiar with came into her courtroom and attempted to have an ex parte communication with her about the case and tried to hand her a binder. Judge Ramsey explained that she was unable to discuss the case and instructed the officer to give to the WCPO Conviction Integrity Unit the binder to review. The hearing was adjourned for that purpose. All statements and comments from WCPO in the case will be made in court at the next hearing. The hearing will resume on April 27,2022 at 1:00 p.m. via Zoom only. https://www.3rdcc.org/zoom/criminal

Summary of the Facts Terance Calhoun, (DOB: 03/10/1987), pleaded no contest in two separate cases. The cases involve the attempted assault of Victim 1, a 15-year-old girl on September 26, 2006, near Fenkell Avenue and Gladstone Street in Detroit, and the sexual assault of Victim 2, a 13-year-old girl on October 27, 2006, near a liquor store on Fenkell Avenue in Detroit.

Victim 2 filed a police report and assisted in producing a composite sketch which was later displayed at the liquor store. Mr. Calhoun was arrested at the store on November 3, 2006. Both victims identified Mr. Calhoun from two separate lineups.

On February 21, 2007, in the case of Victim 2, Mr. Calhoun pleaded no contest to Criminal Sexual Conduct First-Degree, Kidnapping, and Felony Firearm. One count of Criminal Sexual Conduct - Assault with Intent to Commit Sexual Penetration was dismissed as part of the plea agreement. He was sentenced on March 28, 2007 to two years consecutive for Felony Firearm, and 15 to 30 years for Criminal Sexual Conduct First-Degree and Kidnapping.

On February 21, 2007, he also pleaded no contest in the case of Victim 1 to one count of Attempted Kidnapping. One count of Kidnapping, and one count of Criminal Sexual Conduct - Assault with Intent to Commit Sexual Penetration were dismissed. On March 28, 2007, in Victim 1's case he received a concurrent sentence of 11 months to five years in the Michigan Department of Corrections. He is currently housed in the Maxey/Woodland Correctional Facility located in Whitmore Lake, Michigan.

It is important to note that Mr. Calhoun's case was prosecuted prior to the 2009 discovery of the backlog of untested sexual assault kits and subsequent creation of the Sexual Assault Kit Task Force. However, protocols implemented by the Sexual Assault Kit Task Force to review these kit cases were instrumental in assisting the CIU with the Calhoun case. Recent investigation and evidence in the case has established that Terance Calhoun did not commit the two crimes. New evidence has resulted in the identification of another man. This person has been charged with several other sexual assault crimes and is currently being prosecuted as a result of work completed by the WCPO Sexual Assault Kit Task Force. Because his cases are pending no further information can be released by WCPO at this time.

The State Appellate Defender Office is representing Mr. Calhoun. Assistant Defender Michael Mittlestat is the lead attorney, and Special Assistant Defender Tabitha Harris and Investigator Angie Jackson from SADO's Wrongful Conviction Unit worked on the case. SADO also collaborated with WMU-Cooley Innocence Project Staff Attorney David Williams on Mr. Calhoun's case.

Statement by Prosecutor Kym Worthy

"A series of fortunate events and a lot of very hard work by quite a few people led to my decision to exonerate Mr. Calhoun. The decision in this case was the culmination of years of long work on this and unrelated cases. We will leave no stone unturned to get to justice for defendants like Mr. Calhoun.

"I want to stress that the Calhoun case was never a Sexual Assault Kit Task Force case. However, important Sexual Assault Kit Task Force protocols for reviewing criminal sexual conduct cases, implemented after the SAKs were discovered in 2009 allowed the CIU to consult with them to evaluate significant evidence in Mr. Calhoun's case. This evidence disproved that he committed the two crimes.

"We are currently prosecuting the defendant who is alleged to be the perpetrator of criminal sexual conduct crimes. Because the cases are in progress, we are ethically prohibited from releasing further information at this time," said Prosecutor Kym Worthy.

Original source can be found here.