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Court denies defense motion to quash Windfield bind over

Submitted by on August 14, 2019 – 12:54 amNo Comment

A motion to quash the District Court bind over in the case of a former Alpena teacher accused of sexually assaulting a young male student has been denied.

Defense attorney Matt Wjoda made numerous arguments for why the case against Heather Ellen Winfield should not have been bound over, including the lack of credibility of the victim.

But in a ruling released Tuesday, Judge Michael Mack of the 26th Circuit Court denied the motion. The defense can now appeal Mack’s decision, work toward a settlement agreement with the prosecutor’s office, or prepare for a trial, which is scheduled to begin September 27.

The prosecution contends Winfield sexually assaulted the boy, a former student, between approximately July 2016 and June 2018, when the victim was between 11 and 13 years-old. He is now 14 years-old and will be 15 by the time the trial starts.

The defense claims Winfield is a caring person who was looking out for the best interests of a young boy who came from a broken family and endured a troubled childhood.

The 39 year-old Winfield is facing any number of years up to life in prison on three counts of criminal sexual conduct (CSC) in the 1st degree, one count CSC 2nd degree, one count CSC 3rd degree, using a computer to commit a crime and accosting a child for immoral purposes.