gavel book

Dreamstime

Detroit Man Who Had '92 Rape Conviction Cleared Now Facing Domestic Charges

Prosecutors announced unrelated charges a day after his conviction was tossed

January 11, 2019 - 8:15 pm
Categories: 

DETROIT (WWJ) -- On Thursday Kevin Lackey had a decades old rape charge against him tossed.

On Friday, Lackey again appeared in court, on new, unrelated domestic violence charges.

photo: Detroit Police

Lackey, who was released from prison back in November 2014 about 22 years after his conviction, was charged with breaking and entering a home in 1992 and sexually assaulting an 11-year-old girl on the home's back porch.

Those charges were dismissed on Thursday -- based on faulty tracking dog evidence -- and the Wayne County Prosecutor's Conviction Integrity Unit ordered that his name be removed from the sex offender's registry.

The Wayne County Prosecutor's Office now alleges that Lackey assaulted his 46-year-old live-in girlfriend on Dec. 22, 2018 at a house in the 17400 block of Lumpkin Street while armed with a hand gun. Prosecutors say Lackey has been charged with Felonious Assault, Felon in Possession of a Firearm, two counts of Felony Firearm and Domestic Violence.

He was arraigned Friday in 36th District Court and is set for a Probable Cause Conference on Jan. 18.

Lackey received a $20,000 bond, 10 percent payable. He was taken into custody following the arraignment and his attorney for the new case says his family is trying to post bond.

The Detroit News reports that Lackey has been working, rehabbing homes for a property management company.

Lackey was one of two men to have their convictions tossed on Thursday. 39-year-old Michael Powels was released after a little more than a decade for murder charges.

Powels was convicted of second-degree murder in 2007. It was alleged that Powels shot and killed Robert Sawyer on June 18, 2006 on Detroit's northwest side and he was sentenced to 45 to 75 years in prison.

The prosecutor's office says only one witness -- who did not even see the shooting -- linked Powels to the murder through comments he claimed to have overheard.

Through an investigation the Conviction Integrity Unit found that the lone witness, who has since died, later wrote a letter to relatives saying he had lied about the case. The letters were turned over to the unit last spring and have been deemed legitimate.

Powels should receive a new trial, prosecutors say, but this time around the evidence left in the case is "significantly weaker" than it was before the perjury.