June 17 ē 01:10 AM
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Resident weighs in on prosecutorís race

Dear Editor,

I have noticed several signs in Lapeer County wanting us to reelect Byron Konschuh. This letter is to inform Lapeer County voters of my family's past experience with the current Lapeer County Prosecutor, Byron Konschuh.

Approximately four years ago my family experienced something we had never had to deal with, a neighbor dispute. After unsuccessfully trying to settle matters, we were forced to call law enforcement. The sheriff's department responded. That visit was also unsuccessful, and more of our property was destroyed.

The next time we called law enforcement, the state police responded and suggested we get an attorney. The attorney we retained suggested that we should seek criminal charges. After several failed attempts to get the prosecutor's office to do their job, we had to continue with our civil action.

Immediately following the civil trial, my family confronted Byron Konschuh as he happened to enter the courthouse. We explained everything that we had been put through, and the expense of the civil action. We also let him know that all this could have been avoided if he would have just done his job. He said he would look into it. Shortly after, we received a letter stating he reviewed our case.

I know that I, and the majority of Lapeer County taxpayers work hard for the money we earn. Apparently, the current prosecuting attorney and his staff choose not to do their jobs, that our tax dollars pay for, if they have to put forward any effort. This is why on November 4th, I will be voting for Phillip A. Fulks for prosecuting attorney. Any voter who feels that an elected official should work in our best interests, should do the same.

Editor's note: The issue involves a property line dispute between neighbors. The initial police report filed in Nov. 2005 by Michigan State Police Trooper Martin was closed with the indication that it was a civil matter.

When the matter was later brought before the prosecutor's office, no land survey had been done. Konschuh says the prosecutor's office requested a proper land survey for consideration in the decision making process. Paperwork was submitted by the complainant that included a legal description of the property but no survey. The matter was reviewed at a November 2006 prosecutor's office staff meeting at which time it was determined that criminal intent would be difficult to prove beyond a reasonable doubt.

After the encounter in the courthouse, Konschuh reviewed the file and responded in a September 27, 2007 letter to the Mikolowskis indicating that criminal intent is difficult to prove in a situation where the individual believes they were making modifications to their own property.

Scott Mikolowski, Imlay Township
October 22, 2008

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