3-20-2013 Michigan:
A former Sterling Heights man who illegally retaliated against teenagers who had broken into his home is seeking a new trial and new sentencing.
Vincent Bosca, 46, dressed in state prison clothes, appeared March 18 in Macomb County Circuit Court in Mount Clemens for a hearing on multiple motions in his case.
Visiting Judge Robert Chrzanowski on March 18 accepted written arguments by Bosca's attorney and assistant Macomb prosecutor Chad Davis, and indicated he will issue a written opinion.
Chrzanowski also approved a deal between Bosca and Macomb prosecutors in which Bosca's version of the events will be included in his presentence investigation report the state Parole Board will consider when he is eligible for release, Bosca's attorney Geoffrey Walker said. The report already included police reports to help describe the incident, but those include victims' lies to police.
Bosca is serving a minimum of six years and nine months following convictions for holding four male teens in his basement, and beating and torturing them in June 2011. The victims had broken into his home and stolen money and marijuana, or knew who had done so four days earlier, and were induced to return.
Bosca was convicted of extortion, four counts of unlawful imprisonment, felony firearm, four counts of felonious assault, possession of marijuana and operating a drug house.
Co-defendant Allen Bronkowski is serving the same sentence for conviction on 10 counts, including four less-severe assault charges and no drug charges.
Third co-defendant Gerald King, who testified against his cohorts, is serving two years in prison for 10 convictions via plea.
Bosca and Bronkowski's trial was held in front of Judge David Viviano, who since then was appointed to the state Supreme Court.
Bosca's appellate attorney, Lawrence Katz, said he is asking for a new trial based on three issues:
* The jury verdict's "going against the weight of the evidence" due to "insufficient evidence";
* Prosecutorial misconduct in which prosecutors failed to divulge a claimed plea deal with King, overstated marijuana evidence, and failed to provide evidence in a timely manner and a victim's medical records;
* And ineffective assistance of defense counsel for Walkers' alleged failure to argue effectively, obtain evidence and submit as potential evidence a letter in which King says he believed the prosecution was "political" and could not afford a defense.
Regarding the evidence in the case, assistant prosecutor Davis ends his legal brief argument by quoting trial judge Viviano, who said from the bench, "I believe ... that justice was served in this case."
Davis says the claims against defense attorney Walker are "baseless" and frivolous," and did not deny Bosca a fair trial.
Davis also calls "frivolous" the allegations against assistant prosecutor Gordon Hosbein, denying King was given preferential treatment. Davis says any delays did not affect Bosca's fair trial rights, and the marijuana charges were argued appropriately. ..Source.. by JAMESON COOK
Convicted vigilante sues Macomb prosecutor for failing to charge teens
9-20-13:
A man who is serving a nearly seven-year prison term for violently retaliating against teens who broke into his home is suing Macomb County Prosecutor Eric Smith to also be considered a crime victim.
Vincent Bosca, 47, of Sterling Heights, was convicted of extortion, unlawful imprisonment, felony firearm, felonious assault and drug charges for the June 2011 incident in his home. He and two co-defendants beat and tortured four teenage males who had broken into his home and stole cash and marijuana three days earlier.
Bosca and Barbara Westervelt, his former live-in girlfriend, filed the lawsuit earlier this month in Macomb County Circuit Court in Mount Clemens, asking that they be granted the rights of all victims via the state Crime Rights Act.
Their attorney, Tim Barkovic, said Smith could have charged the four males each with two home invasions for the initial incident and second incident when they were led to believe the home was empty but when Bosca was there with Allen Brontkowski and Gerald King, also convicted in the case.
“Mr. Smith let these kids get away with 20-year felonies and suffer no legal consequences,” Barkovic told The Macomb Daily. “Most people in society consider a home invasion one of the most offensive crimes … because the sanctity of the home has been violated. My clients were victimized beyond what these kids were victimized.”
He said Smith and Sterling Heights police “chose sides” in the incident.
“The prosecutor isn’t allowed to willy-nilly choose one victim over the others,” he said.
Barkovic argued Smith should have commissioned at least one outside prosecutor to investigate one of the two cases because investigating both sets of parties created a conflict of interest.
But Smith responded that Bosca brought the problem on himself by failing to immediately call police to come to his home, which contained marijuana beyond what was allowed under Bosca’s medical marijuana card. Instead, Bosca and his co-defendants held the boys for about two hours until the parent of one boy who was released called police.
“If he would have called police like every other crime victim in Macomb County does, it would have been no different than any other case,” he said. “This is the most extreme case of vigilantism I’ve ever seen in Macomb County.”
He noted that Bosca and Brontkowski made these arguments during their trial but the jury rejected them.
The teens suffered for their actions, Smith noted, as they were beaten and bound with duct tape, threatened with a circular saw and sword sheath, and struck with a hatchet handle.
Smith pointed out that Bosca didn’t file a complaint until long after he was charged with multiple felonies when they had lost their credibility.
“Police did investigate this, and they and we believed it did not amount to a crime or we were not able to prove it,” he said.
David Viviano, who presided over the trial as a circuit court judge before he was appointed to the state Supreme Court, at the sentencing of Bosca and Brontkowski called them “middle aged men” who “abused their authority status as parents” to “exact vigilante justice.”
Brontkowski, 48, a longtime friend of Bosca’s, was convicted of several of the same charges that Bosca was convicted of except the drug charges. He also was convicted of a less-severe assault charge. He was sentenced to the identical term given to Bosca.
King, 47, of Sterling Heights, pleaded guilty to 10 charges and testified against his cohorts. He received two years in prison.
Barkovic noted that Westerveld, who now lives in St. Clair Shores, was not involved in the torturing but was “terrified” during an incident that occurred one of the two days between the two alleged home invasions; she saw several male teens approaching her home but scared them away by showing the home was occupied.
Barkovic said his clients aren’t seeking monetary damages but want to be identified as victims. He said they are not considering a lawsuit against the teens or their parents.
“We just want justice,” he said.
The lawsuit seeks a “writ of mandamus” to direct Smith to “perform the duties of his office, specifically, to honor, enforce and afford the plaintiffs all rights and privileges created pursuant to the Michigan Crime Rights Act,” it says.
Under the law, “Victims are required to be notified and consulted during the various steps of the criminal justice process” and allowed to submit an impact statement to the court, according to the Michigan Department of Corrections. Victims also can seek compensation for injuries or damages that can be proven.
The case was assigned to Judge Richard Caretti.
Vincent Bosca earlier this year asked visiting circuit Judge Robert Chrzanowski for a new trial and new sentencing, but Chrzanowski in July rejected both requests, except for allowing more argument regarding the unique mandate under law that Bosca register as a sex offender even though the incident didn’t contain any sexual elements. ..Source.. by
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