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AG Nessel: Prosecutor spoiled cases with misconduct

Posted at 3:47 PM, Nov 25, 2019

MOUNT PLEASANT, Mich. (AP) — Attorney General Dana Nessel says a former Central Michigan University student should be allowed to withdraw his no-contest plea after an investigation found misconduct by a prosecutor.

Nessel says Brian Kolodziej “failed in his sacred duty to properly administer justice.”

Kolodziej resigned in September as an assistant attorney general after Nessel learned that he had an intimate relationship with a woman who had accused Ian Elliott was assault. Elliott has served about four months of a one-year prison sentence after pleading no contest to third-degree criminal sexual conduct.

Nessel said Monday she’ll concur in a request by Elliott to withdraw the plea. It’s possible the case will go to trial again. A message seeking comment was left for Elliott’s attorney.

Separately, Nessel says she’s dropping sexual assault charges against two men in another Kolodziej case. A message seeking comment was left with Kolodziej’s lawyer.