Did Michigan authorities violate Sherrone Moore‘s right to due process when he was arrested after being fired as Wolverines football coach over an alleged affair with a staffer?
The married father of three was dismissed in Ann Abor on December 10 over the reported improper relationship with an assistant. Later that day, he was arrested for allegedly entering the woman’s apartment, terrorizing her and threatening to harm himself in the aftermath of his dismissal. He was released from jail on $25,000 bond two days later.
On Tuesday, Moore appeared in a Michigan courtroom before Judge J. Cedric Simpson, who scheduled a March 2 hearing to examine police procedure leading up to the 40-year-old’s arrest on charges of third-degree felony home invasion, misdemeanor stalking and misdemeanor breaking and entering.
‘Defendant’s due process may have been violated,’ Simpson said.
In what he described as a ‘glaring’ omission, Simpson said law enforcement failed to indicate that the female staffer was Moore’s employee when they were securing charges against the fired football coach.
That professional connection could potentially undermine the misdemeanor stalking charge by offering an explanation as to why Moore would need repeatedly make contact with the alleged victim.
Sherrone Moore arrives at Washtenaw County District court with attorney Ellen Michaels
Moore appeared Tuesday in a Michigan courtroom before Judge J. Cedric Simpson (pictured)
‘It’s not stalking if the communication has a legitimate purpose,’ Ellen Michaels, Moore’s lawyer, said at the hearing, as quoted by the Detroit Free Press.
Authorities did include comments made by the woman’s lawyer to police accusing Moore of misconduct.
And as Simpson explained Tuesday, this may have been violated Moore’s rights.
‘What worries me is the magistrate did not get that opportunity [to hear more information],’ Simpson said, as quoted by the Detroit Free Press.
‘And if the magistrate didn’t get that opportunity, that means what the people got may not have been a validly sworn out complaint…and that the defendant’s due process rights may have been violated. That’s my problem, or my concern.’
Although Simpson said he thought law enforcement omitted details and included others as ‘an intentional misdirection to the court,’ he went on to explain that police motivation doesn’t change the question of a potential rights violation.
‘What is clear from this court’s perspective is that an omission in certain contexts can be more damaging, more problematic, more troublesome, than what might be an intentional misrepresentation,’ Simpson said.
Sherrone Moore arrives for a court date before District Judge J. Cedric Simpson in Pittsfield Township on Tuesday. Simpson may have given Moore a lifeline Tuesday
In their own filing, prosecutors for Washtenaw County rejected the arguments presented by Moore’s attorney.
‘[Moore] has merely called an attorney and a detective liars, and spun his own litigation strategy.’
Michigan football had a chance to shake off the scandal against No. 13 Texas in the Citrus Bowl, but fell, 41-27, under interim coach Biff Poggi.
Michigan recently hired former Utah head coach Kyle Whittingham to replace the fired Moore.
The school fired Moore in December over what it described as an ‘inappropriate relationship’ and his own dishonesty about the affair.
He was accused of then going to the woman’s apartment, barging into the home, grabbing two butter knives and backing her into a corner, but left without causing any physical harm.
Michaels reiterated her belief in her client’s innocence on Tuesday.
‘Coach Moore maintains his innocence and the truth will come out,’ she said.