Courtroom packed with Thelonious Searcy supporters as Judge Nicholas Hathaway delays re-trial from March 31 to May 7, denies tether removal; defense motion hearing re-set from Jan. 31 to Feb. 27
Mich. COA in 2021 found trial judge Timothy Kenny “abused his discretion” by finding Vincent Smothers’ confession to murder in case not credible
http://voiceofdetroit.net/wp-content/uploads/COA-Thelonious-Searcy-20210211-4.pdf
WCCC Judge THOMAS HATHAWAY dismissed charges Oct. 3, 2022 WITH PREJUDICE due to flagrant Brady violations by prosecution http://voiceofdetroit.net/wp-content/uploads/Thelonious-Searcy-Order-Gg-Defs-Mtn-to-Dismiss-10.3.20223311-3.pdf
MCOA #2 ruled in Dec. 2023 that Judge Thomas Hathaway abused HIS discretion by dismissing charges on Brady violations, MSC did not address
Mich. AG Nessel collaborates with WC Pros. Kym Worthy to lock Searcy back up for crime Vincent Smothers confessed to; claims re-trial needed
By Diane Bukowski
January 28. 2025
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Home at last: (l to r) Shawn Searcy, daughters Paige and Shyra, wife Tyria Searcy. his two grandchildren, after exoneration Oct. 3, 2022.
DETROIT– In a courtroom packed with exoneree Thelonious Searcy’s supporters Jan. 10, Wayne County 3rd CC Judge Nicholas Hathaway delayed his re-trial on 2004 murder charges until May 7, and refused to take Searcy off a tether, keeping him in police custody.
“Either this case should be dismissed in light of the fact that someone else confessed or the people need to come to court and put their evidence on,” defense attorney Michael Dezsi objected. “One of those two things should happen sooner rather than later.”
Dezsi added, “Now that trial date has been moved, we ask for the GPS tether as part of bond conditions to be removed. Mr, Searcy has been in pre-trial status now for years. There have been no violations . . . no problems with him appearing in court. He has a job ready. . .the tether is just another aggravation and hindrance on his liberty.”
Thelonious Searcy (front r) tells youth to stop violence vs. each other (Photo: DNews)
Asst. Michigan Attorney General Oronde Patterson, from the office of State Attorney General Dana Nessel, argued, “Vincent Smothers testified but the judge [trial judge Timothy Kenny] found him not credible. The Court of Appeals has not found Mr. Smothers to be credible. The fact that Mr. Smothers said he may be the killer, is for a jury to determine.”
He claimed Searcy’s lack of violations has been BECAUSE of the tether, ignoring Searcy’s clean record, and ongoing work in the community with at-risk youth, among other issues.
Thelonious Searcy was declared exonerated on the National Registry of Exonerations after Wayne County Criminal Court Judge Thomas Hathaway dismissed all charges against him WITH PREJUDICE on Oct. 3, 2022.
Judge THOMAS HATHAWAY cited the prosecution’s egregious and continuing violations of Searcy’s 14th Amendment due process rights, and the US Supreme Court’s 1963 ruling in Brady v. Maryland that prosecutors and police must disclose all evidence favorable to the defense. It was clear that Judge Thomas Hathaway, after his extensive review, had no confidence that prosecutors WOULD EVER cure these violations, thus terminating the only re-trial ordered earlier by the Michigan Court of Appeals on Feb. 11, 2021.
Photo from A & E’s “The First 48” true crime show
That state Court of Appeals panel concluded, “In sum, when considering the trial evidence in light of the other evidence that would be presented at retrial, we conclude that Searcy has a reasonably likely chance of acquittal. See MCR 6.508(D)(3)(b)(i)(A). Therefore, the trial court [Judge Timothy Kenny] abused its discretion by denying Searcy’s motion for relief from judgment with respect to Searcy’s claim of new evidence relating to Smothers.” See” http://voiceofdetroit.net/wp-content/uploads/COA-Thelonious-Searcy-20210211-4.pdf.
Thus, the Court of Appeals castigated the very judge that AP Oronde Patterson said found Smothers’ confession “not credible” for doing just that.
Attorney Dezsi noted, “Judge Kenny was reversed by the COA on an abuse of discretion standard, the most deferential standard of review. The COA indicated on remand that a not guilty verdict would be likely.”
With regard to Vincent Smothers’ testimony that he committed the murder of Jamal Segars, not Searcy, this COA panel of Judges Mark J. Cavanaugh, Deborah A, Servitto, and Thomas C. Cameron reviewed and credited Smothers’ testimony in lengthy detail, contradicting Patterson’s implication that no other judge has weighed in on that testimony. They also noted Smothers’ confession videotaped by private investigator Scott Lewis. (See excerpt of 2021 COA ruling and videotape of Smothers’ confession below)
Wayne County Prosecutor Kym Worthy appealed that ruling, obtaining a second COA ruling at http://voiceofdetroit.net/wp-content/uploads/Thelonious-Searcy-COA-12-21-23.pdf.
That ruling claimed Judge Thomas Hathaway had abused his discretion by dismissing the case, and should only have ordered a new trial. It led to Searcy’s current plight. The Michigan Supreme Court declined to hear the defense appeal. The issue of whether a trial judge has discretion to dismiss cases due to Brady violations has not yet been raised in Michigan, but it was successfully addressed in the case of Alec Baldwin in New Mexico. Brady involves a U.S. Supreme Court mandate that applies to ALL states.
WCCC Judge Nicholas Hathaway is related to Judge Thomas Hathaway only by his marriage to Judge Dana Hathaway. Judge Thomas Hathaway retired shortly after ruling on Searcy’s case. He had decades of legal experience in the private sector before serving one Third Circuit Court term.
Judge Nicholas Hathaway recently denied MDOC lifer Gary Brayboy’s appeal of his 1993 conviction concocted by DPD’s Monica Childs, with William Rice, both notorious for their role in multiple other wrongful convictions, including those of Larry Smith, Ramon Ward, Bernard Howard, Justly Johnson, Kendrick Scott, and others framed up in the era of DPD’s “Ring of Snitches” in the 1990s.
Brayboy’s appeal cited a COA ruling in the case of Mark Craighead, which upheld his claim that “potential impeachment evidence” regarding former DPD Detective Barbara Simon’s alleged misconduct discovered after his previous motions was “newly discovered evidence.” See: http://voiceofdetroit.net/wp-content/uploads/COA-356393-PEOPLE-OF-MI-V-MARK-T-CRAIGHEAD-Opinion2-Per-Curiam-Unpublished-10_27_2021.pdf
Brayboy’s motion claims Detective Childs had “a common scheme of misconduct that involves multiple interviews and recording the final, false statement in her own writing. The same steps were taken in this case.”
But Judge Nicholas Hathaway ignored the Craighead ruling, claiming that Childs’ prior conduct in other cases did not pertain to Brayboy’s conviction. Brayboy’s state appeals did not succeed, and he is now working on a federal habeas corpus petition.
VOD notes that the new group of WCCC judges appointed by Gov. Gretchen Whitmer, including Nicholas Hathaway, Christopher Blount, Chandra Baker-Robinson, and Bradley Cobb, are ignoring, if not actively flouting, rulings from higher state courts as well as the U.S. Supreme Court.
At least 30 cases have been repeatedly remanded to WCCC judges in the last decade by higher state courts. In many cases they have sent the cases back two and three times after the judges refused to abide by their rulings.
http://voiceofdetroit.net/wp-content/uploads/30-CASES-REMANDED-BY-APPELLATE-COURTS.pdf
At defense attorney Michael Dezsi’s request, Judge Nicholas Hathaway postponed a motion hearing in Searcy’s case, set for Jan. 31 until Feb. 27 at 8:30 a.m. The motion asks that Hathaway instruct the jury during re-trial that in light of the prosecution’s failure to produce a VHS tape from the store next to the crime scene, claiming that it no longer exists, the tape must be construed as favorable to the defendant. Dezsi cites the following from Judge THOMAS Hathaway’s ruling:
“[T]he VHS tapes confiscated by Officer Zwicker was clearly Brady material that should have been given to the defense. [] To date, this tape has never been produced or viewed by the defense. Given these facts, the VHS tapes confiscated were clearly Brady materials that should have been produced. These tapes could have exonerated defendant.
“The Court agrees with defendant’s argument that the prosecution bears the brunt of its failure to turn over exculpatory evidence since the prosecution and investigating officers were aware of the material facts that were withheld from the defense. Accordingly, the price to be paid for this failure falls on the prosecution.
“Importantly, this Court notes that the prosecution contends that there is no evidence to “definitively establish that there was a VHS recording confiscated from the store located at 11742 Conner” (Pros Brief, pg 38). However, there is an evidence tag from Officer
Zwicker documenting its existence.
This Court concludes that the damage caused by the suppression and withholding of the exculpatory evidence cannot be cured. Therefore, it holds that dismissal of the charges is appropriate given the severe and deliberate violations of defendant’s due process
rights that denied him a fair and impartial trial. Accordingly, this Court GRANTS defendant’s motion to dismiss.”
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DETROIT--The case of Ricky Rimmer, a Michigan lifer acclaimed by hundreds who served time with him as a peacemaker, teacher, and leader, is moving forward to the Court of Appeals at last. 
On Sept. 25, 2024, Third (Wayne) Circuit Court Judge Christopher Blount finally denied Rimmer’s motion for reconsideration of his Feb. 9 ruling denying Rimmer’s motion for a new trial and evidentiary hearing. Dozens of Rimmer’s supporters had just rallied outside the new Criminal Justice Center Sept. 10 and Sept. 20, 2024. (The new ruling was belatedly posted on Rimmer’s Register of Actions.)
Judge 
On Oct. 3, 2022, 3rd Judicial Circuit Court Judge Thomas Hathaway dismissed all charges against Thelonious ‘Shawn’ Searcy for the murder of Jamal Segars, with prejudice, meaning they could not be refiled. The stinging order repeatedly rebuked the prosecution for “allowing blatant lies to stand.”
Despite Judge Thomas Hathaway’s definitive ruling, a Michigan Court of Appeals panel ruled in favor of WC Prosecutor Kym Worthy, claiming Judge Hathaway “abused his discretion” as a trial Judge in dismissing charges with prejudice on a Brady claim.
Her ruling (above) defines how and why a case based on violations of Brady v. Maryland can be dismissed with prejudice. She cites both federal and state. Local legal analysts from Michigan have said her ruling holds weight in Michigan as well, coming from a sister court that also cites Brady v. Maryland.
By Diane Bukowski 
Over the next years, I put together a comprehensive story using Mr. Merriweather’s well-written letters and additional research showing that the cops responsible for his false conviction had played major roles in other wrongful convictions, including those of Dwight Love and Danny Burton.
DPD’s Ernest Wils0n, Edward Williams beat, coerced false statements from brothers which implicated each other in 2004 Canton St. drug house murders
Alton Hubbard said Williams beat him to his knees with his fist and choked him in a room outside the DPD 7th precinct garage with no surveillance cameras. 
Sh
Ernest Wilson interviewed Davenport after the line-up and had her sign a
She concluded, “In sum, there are more than sufficient questions raised regarding the available evidence, identification of inconsistent testimony, identification of material witnesses/law enforcement agents with known records of police misconduct, and Brady violations from law enforcement, to warrant this matter being accepted by the Conviction Integrity Unit. Mr. Alton Hubbard presents a claim of actual innocence and maintains he was never present at the house on Canton on August 18, 2004.” 
DETROIT — “The courts are dealing with my case, which involves actual innocence, but it seems they are more concerned with being exposed,” Roger Carlos Ray told VOD in a phone call today.
See: 
“We agree in part, vacate the order denying defendant’s motion, and remand to the trial court for an evidentiary hearing on whether the newly discovered evidence satisfies the fourth prong under People v Cress, 468 Mich 678, 692; 664 NW2d 174 (2003), and/or constitutes material evidence under Brady v Maryland, 373 US 83; 83 S Ct 1194; 10 L Ed 2d 215 (1963). We retain jurisdiction.”
Tiya Manning is the mother of Degraffenried’s son Semaje Manning, who was present at the hearing Oct. 8.
