A former Michigan State Police trooper is suing an Ingham County prosecutor and Sheriff's Office deputy, alleging they did not disclose evidence that could have prevented a wrongful conviction. 

Brian Alexander, of Holt, was convicted of four counts of sexually assaulting a child in September 2015. After two years and multiple trips through appeals courts, his conviction was overturned and prosecutors dismissed the charges. 

He and his civil attorney, Nicholas Bostic, filed a lawsuit accusing Assistant Prosecuting Attorney Steve Kwasnik and Ingham County Sheriff's Detective Annie Harrison of not disclosing key information about the phone records of the girl who accused Alexander of sexually assaulting her. 

Scott Grabel, Alexander's trial attorney, said there "certainly were problems" with the way the case was prosecuted and investigated. 

“A lot fell through the cracks, and it ended up being detrimental to Brian," Grabel said. "The system works a lot better when everyone meets their ethical obligations."

Neither Kwasnik nor Harrison responded Wednesday for comment. Prosecutor Carol Siemon referred comment to County Attorney Bonnie Toskey, who did not respond Wednesday afternoon. Seimon would not discuss Kwasnik's status with the county. 

Ingham County Sheriff's Office Capt. Greg Harris declined comment on behalf of the Sheriff's Office. 

Surprise testimony

When Kwasnik and Harrison met with the girl a week before the August 2015 trial, they told her that school attendance records contradicted her story about Alexander reportedly molesting her when she was out sick from school, according to the lawsuit. 

The girl changed her story and said she had been sick, but had texted her mom from school to ask to go home, but her mom told her to tough it out and stay at school, according to the lawsuit. 

Harrison and Kwasnik did not tell Grabel about this, and he only found out at trial when the girl testified, according to the lawsuit. The lawsuit claims Harrison and Kwasnik withheld the information because they knew Grabel had access to the girl's phone and could check records to see if the text existed. 

Kwasnik "unfairly used (the girl's) text message story to increase (her) credibility and damage the credibility of her mother," who testified in favor of Alexander, according to the lawsuit. 

When Grabel obtained the girl's cell phone records after Alexander was convicted, he found she had never texted her mother about being sick at school, he said. 

"The Supreme Court agreed (the record) was relevant," Grabel said. "The information should've been turned over. I believe it was intentionally omitted."

Back and forth

Two months after Alexander was convicted of four counts of second-degree criminal sexual conduct, Alexander's attorney filed a motion arguing phone records discovered during the trial and the prosecution's failure to correct false or perjured testimony were grounds for a new trial. Ingham County Circuit Court Judge William Collette granted Alexander a new trial. 

The new trial never happened. The Michigan Court of Appeals reversed Collette's decision and reinstated Alexander's conviction in October 2016. Eight months later, in June 2017, the Michigan Supreme Court reversed the COA decision and sent the case back to Collette. 

Collette upheld his initial decision to grant a new trial in August 2017, but a month later, prosecutors dismissed all charges. Former Ingham County Chief Assistant Prosecutor Lisa McCormick told the State Journal in October 2017 that her office reassessed the evidence and decided it wouldn't be able to prove the case in a second trial. 

Alexander joined Michigan State Police in early January 2014. The reported incident that led to the charges was said to have happened in 2013, but was reported later. He lost his job after the charges were filed, and has not been able to get it back, Grabel said. 

Claude McCollum 

This is not the first time the Ingham County Prosecutor's Office has been accused of mishandling evidence. 

Video surveillance evidence that could have given Claude McCollum an alibi in a murder investigation was never shown to an Ingham County jury, and may not have been turned over to the defense prior to his conviction on a murder charge in the death of Lansing Community College professor Carolyn Kronenberg, 60. Prosecutors and McCollum's attorneys dispute when the report was turned over to defense attorneys.  

McCollum was found guilty and sentenced to life in prison. It was only a year and a half later, when another man confessed to the murder, that investigators re-analyzed the video. 

That re-examination helped convince then-Prosecutor Stuart Dunnings to drop all charges against McCollum in October 2007. Matthew Macon confessed to that killing and was eventually convicted and sentenced for two other murders. He was suspected in four others, but never was charged.