Michael Dwayne Thomas was a student at Washtenaw Community College and a recent employee in the University of Michigan Medical Center’s cafeteria, when in June 2011, he was falsely identified as the perpetrator of an attempted robbery of the cafeteria by his former supervisor, Lynn Noder-Love and arrested. He is now suing the University and others for his false arrest[1].
An employee of Aramark, which runs the cafeteria and Einstein Bagel shop under contract with the UMMC, Neil Galbraith, reported an attempted robbery and assault as he was delivering cash drawer bags to the cafeteria manager’s office and Einstein Bagels restaurant office on June 24, 2011 at about 6:43 PM. He described a man wearing a dark colored “hoodie”, sunglasses, dark pants and a ski mask or scarf covering his face. Mr. Galbraith said the perpetrator charged him as if to tackle him, with something in his right hand that was apparently a stun gun. He was knocked to the floor and apparently kicked in the head. He began yelling for help and the perpetrator fled without taking any of the money bags[2].
An employee of Aramark, which runs the cafeteria and Einstein Bagel shop under contract with the UMMC, Neil Galbraith, reported an attempted robbery and assault as he was delivering cash drawer bags to the cafeteria manager’s office and Einstein Bagels restaurant office on June 24, 2011 at about 6:43 PM. He described a man wearing a dark colored “hoodie”, sunglasses, dark pants and a ski mask or scarf covering his face. Mr. Galbraith said the perpetrator charged him as if to tackle him, with something in his right hand that was apparently a stun gun. He was knocked to the floor and apparently kicked in the head. He began yelling for help and the perpetrator fled without taking any of the money bags[2].
Two witnesses described the fleeing suspect somewhat differently. One said that he removed a yellow (rather than dark) sweatshirt and was wearing a white collared shirt with buttons down the front. Another witness said the perpetrator was wearing a white t-shirt with no collar or buttons. The police reports only say that one of the witnesses said that the perpetrator was a black male.
Some of the witnesses described some aspects that made them think that the perpetrator had inside knowledge about the building and the cafeteria operations. One witness said that he fled through Mott Hospital rather than through a nearby courtyard, which was a route often used by employees. One said that only an employee would know the time that Mr. Galbraith took the cash drawer bags to the offices.
Some of the witnesses described some aspects that made them think that the perpetrator had inside knowledge about the building and the cafeteria operations. One witness said that he fled through Mott Hospital rather than through a nearby courtyard, which was a route often used by employees. One said that only an employee would know the time that Mr. Galbraith took the cash drawer bags to the offices.
Detective Ryan Cavanaugh was assigned to follow up on the case the following day. He viewed surveillance footage from security cameras around the cafeteria. He observed the suspect in the west hallway at 6:09 PM and entering the only unlocked door into the kitchen area at 6:11 PM. He next appears fleeing the scene at 6:43 PM (it seems strange that no witnesses saw him in the kitchen area where he spent more than half an hour). He was also seen on surveillance video as he fled through Mott’s Children’s’ Hospital.
The only person to identify Michael Thomas as the suspect in the video was his former supervisor, Lynn Noder-Love, who was not a witness to the actual crime. Although, there were presumably many other employees who would have known Mr. Thomas, there are no reports that the video was shown to anyone else for identification of Mr. Thomas. Mr. Thomas had been fired in December 2010 after an altercation with Mr. Galbraith. Mr. Galbraith was not able to identify Mr. Thomas as his assailant. In a motion for summary disposition the University’s attorneys have alleged that three witnesses identify the man in the video as Mr. Thomas but they have not identified any new witnesses[3].
Based upon the identification by Lynn Noder-Love and the suspicion that the perpetrator had inside knowledge of the hospital and cafeteria operations, Detective Ryan Cavanaugh, put out a multi-jurisdictional alert to find and arrest Mr. Thomas. Mr. Thomas was found at his apartment and arrested by two Washtenaw County Sheriff’s Deputies on June 27, 2011.
Mr. Thomas voluntarily submitted to an interrogation by Detective Cavanaugh and to a search of his apartment and car. A book bag with text books and school supplies was found in his car and no evidence was found in his apartment (none of the clothing described, no sunglasses, no mask, no stun gun).
Detective Cavanaugh waited until Wednesday, June 29 to appear before Judge Judy Creal to apply for a warrant for Mr. Thomas[4]. Mr. Thomas was arraigned on the same day and Detective Cavanaugh asked the magistrate to set “appropriate bond for the violent charges that Mr. Thomas has been charged with today”[5]. The court set bail at $100,000 cash. Mr. Thomas was not able to pay that amount of bail and so was held until his preliminary hearing on July 6, 2011.
On July 6, 2011, at the time set for the preliminary hearing of the case, the prosecutor stated “The officer in charge has done some additional investigative work, and in reviewing the file for preparing for examination, it’s our position at this time that it would not be appropriate to continue this case against Mr. Thomas.”[6] It is unclear what, if any, additional investigative work was done by the detective. The case was dismissed.
AnnArbor.com reported on the arrest of Mr. Thomas but has not reported that the case was dismissed for lack of evidence[7].
It is sad that our judicial system allows a person to be arrested and spend 10 days in jail, solely on the identification of one person and that none of the pictures or surveillance video needed to be shown in court for his arrest warrant or arraignment. The statement of a police officer was sufficient in this case to put a man in jail for 10 days. Did his former boss bare a grudge against him? Did the fact that his former manager was white cause difficulty with cross-racial identification? If the judge is going to set such a high bail, shouldn’t she at least look at the evidence?
It seems too easy to deprive someone of their liberty in Washtenaw County.
UPDATE FROM MLIVE:
“In an interview with The Ann Arbor News, Hall said the lawyer for the employee who identified Thomas on video — Lynn Noder-Love — said she never told police Thomas was the person who committed the assault.
“We understand, from her attorney, she never told police our client was the perpetrator,” Hall said.
“The police fabricated the statement when they went to secure the warrant for his arrest,” Hall said.”
MLIVE ARTICLE
Family says Ann Arbor doctor hit patient treated for gunshot wound
http://www.clickondetroit.com/news/Family-says-Ann-Arbor-doctor-hit-patient-treated-for-gunshot-wound/-/1719418/9195556/-/f34di9/-/index.html
The only person to identify Michael Thomas as the suspect in the video was his former supervisor, Lynn Noder-Love, who was not a witness to the actual crime. Although, there were presumably many other employees who would have known Mr. Thomas, there are no reports that the video was shown to anyone else for identification of Mr. Thomas. Mr. Thomas had been fired in December 2010 after an altercation with Mr. Galbraith. Mr. Galbraith was not able to identify Mr. Thomas as his assailant. In a motion for summary disposition the University’s attorneys have alleged that three witnesses identify the man in the video as Mr. Thomas but they have not identified any new witnesses[3].
Based upon the identification by Lynn Noder-Love and the suspicion that the perpetrator had inside knowledge of the hospital and cafeteria operations, Detective Ryan Cavanaugh, put out a multi-jurisdictional alert to find and arrest Mr. Thomas. Mr. Thomas was found at his apartment and arrested by two Washtenaw County Sheriff’s Deputies on June 27, 2011.
Mr. Thomas voluntarily submitted to an interrogation by Detective Cavanaugh and to a search of his apartment and car. A book bag with text books and school supplies was found in his car and no evidence was found in his apartment (none of the clothing described, no sunglasses, no mask, no stun gun).
Detective Cavanaugh waited until Wednesday, June 29 to appear before Judge Judy Creal to apply for a warrant for Mr. Thomas[4]. Mr. Thomas was arraigned on the same day and Detective Cavanaugh asked the magistrate to set “appropriate bond for the violent charges that Mr. Thomas has been charged with today”[5]. The court set bail at $100,000 cash. Mr. Thomas was not able to pay that amount of bail and so was held until his preliminary hearing on July 6, 2011.
On July 6, 2011, at the time set for the preliminary hearing of the case, the prosecutor stated “The officer in charge has done some additional investigative work, and in reviewing the file for preparing for examination, it’s our position at this time that it would not be appropriate to continue this case against Mr. Thomas.”[6] It is unclear what, if any, additional investigative work was done by the detective. The case was dismissed.
AnnArbor.com reported on the arrest of Mr. Thomas but has not reported that the case was dismissed for lack of evidence[7].
It is sad that our judicial system allows a person to be arrested and spend 10 days in jail, solely on the identification of one person and that none of the pictures or surveillance video needed to be shown in court for his arrest warrant or arraignment. The statement of a police officer was sufficient in this case to put a man in jail for 10 days. Did his former boss bare a grudge against him? Did the fact that his former manager was white cause difficulty with cross-racial identification? If the judge is going to set such a high bail, shouldn’t she at least look at the evidence?
It seems too easy to deprive someone of their liberty in Washtenaw County.
UPDATE FROM MLIVE:
“In an interview with The Ann Arbor News, Hall said the lawyer for the employee who identified Thomas on video — Lynn Noder-Love — said she never told police Thomas was the person who committed the assault.
“We understand, from her attorney, she never told police our client was the perpetrator,” Hall said.
“The police fabricated the statement when they went to secure the warrant for his arrest,” Hall said.”
MLIVE ARTICLE
Family says Ann Arbor doctor hit patient treated for gunshot wound
http://www.clickondetroit.com/news/Family-says-Ann-Arbor-doctor-hit-patient-treated-for-gunshot-wound/-/1719418/9195556/-/f34di9/-/index.html
| 1__thomas_v_um_complaint.pdf |
| 2. michael_thomas_police_reports.pdf |
| 3.motion_to_dismiss_um__det_cavanaugh.pdf |
| 4.michael_thomas_transcript_complaint_and_warrant.pdf |
| 5.michael_thomas_transcript_arraignment.pdf |
| 6.michael_thomas_transcript_dismissal.pdf |
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