Jury says prosecution failed to provide enough evidence during trial
By Jameson Cook
Macomb Daily Staff Writer
A jury found a 36-year-old Eastpointe man not guilty of felony child support for late payments following a 2-day-trial in Macomb County Circuit Court.
Corey Flener wiped away tears after the jury delivered the verdict Thursday afternoon and said he felt relieved to have the burden of a potential felony conviction lifted. If convicted, he would have faced a sentence of up to four years in prison and a fine levied by Judge Tracey Yokich.
"I try too hard. I'm not a felon," Flener said following the verdict. "I can deal with owing the money."
The case was prosecuted by the state Attorney General's Office as part of its escalated campaign in recent years to crack down on parents who fail to pay child support.
Assistant Attorney General Tim Flynn pointed to five months between September 2003 and September 2006 that Flener failed to make payments to three of his children. His monthly support payments were $1,005 plus $400 for past-due bills.
Defense attorney Thomas Nunley acknowledged to jurors that while his client may not have paid those months, he overpaid other months to partially offset the arrearages. He paid most months, even if he underpaid.
The jury forewoman said outside the courtroom that the prosecution simply didn't supply sufficient evidence.
"We were all in agreement there wasn't enough information to make a (guilty) decision," she said.
Nunley said: "I'm glad the jury saw fit to see the totality of what I argued instead of the minute offenses the Attorney General was trying to convict him on."
Nunley argued that Flener actually had overpaid more than he owed during the 3-year period by about $8,000, plus $10,000 in credit for a retroactive reduction of the payment.
Flener still owes $60,000 but claims he was behind $45,000 in 2000 before he realized he owed any money because he was unaware his now ex-wife, Tammy, filed for divorce. The amount has climbed also because of accumulating interest.
Flener is self-employed, working in remodeling, so his income fluctuates, he said. Work has been spotty in recent years due to the area's lagging economy, he said.
He admitted he has only paid about $1,200 since last May and partly attributed it to bouts with depression stemming from the child-support case. He faces a Nov. 28 civil show-cause hearing in front of Yokich for failure to pay two $2,300 lump-sum payments ordered by Yokich in September.
Tammy Flener, who testified and attended the trial, said before the verdict that her ex-husband has downplayed his lack of payments and only pays when forced to do so. She said the most he has paid in one year is $14,000 and never made a $9,000 alimony payment.
"It's been a struggle," said Tammy Flener, who lives in Ithaca.
Their three children are aged 9, 11 and 13. Flener is remarried and has two other biological children, ages 5 and 7, with his second wife, plus two stepchildren, age 12 and 15, and an adopted 17-year-old daughter from a third woman.
Read more...
