AnnArbor.com is reporting that the Washtenaw County jury acquitted former football walk-on Mike Milano of felonious assault on hockey defenseman Steve Kampfer, instead convicting Milano of aggravated assault, a misdemeanor.
I won’t opine on the ruling because I have no clue on the law here or what was argued. It’s clear though that the judge wasn’t happy with the jury’s decision:
Milano faces up to one year in jail on the misdemeanor conviction when he is sentenced Dec. 3.
But that doesn’t appear likely, given a rare statement by Circuit Judge David Swartz, who said he believes Milano is innocent of both counts.
After dismissing the jury, Swartz looked toward Milano and said: “For what it’s worth, I’d find the defendant not guilty and recommend that you file for an order to have it expunged, which I’ll be pleased to sign.”
Would love to hear a lawyer’s take on that. Can a circuit judge simply state that they don’t like a ruling and honor a request to have a crime expunged from the defendant’s record?
A2.com piece here.