Convictions reversed by state appellate court

Michele Bean

LAKE CITY — Testimony deemed hearsay led the Michigan Court of Appeals to reverse the conviction of a Lake City woman.

Michele Carol Bean, who was found guilty on two counts of larceny by conversion and two counts of common-law fraud, appealed the case on the grounds that evidence presented at her trial was based on statements made by her husband.

Ronald Bean, who was convicted on similar charges, made statements in January 2004 about using money obtained from investors to pay personal household bills and mortgage payments.

Throughout the meeting with creditors, Ronald Bean made a number of statements. Several times during the meeting, Michele Bean answered questions or added comments to her husband’s testimony.

At the trial, Missaukee County Prosecutor Bill Donnelly argued the testimony was admissible because Michele Bean did not correct Ronald Bean’s statements about the use of money.

Donnelly said he has a copy of the court’s decision but is seeking clarification with the Michigan Attorney General’s office.

“I have a question to ask the attorney general’s office, who is representing the county on the appeal matter, because they address one of the issues of conviction, that is larceny by conversion, but the common-law fraud case is not addressed,” Donnelly said.

In ruling, the appellate court said the trial court did not make a determination that Michele Bean had adopted her husband’s statements. Simply put, Ronald Bean’s statements could not be attributed to Michele Bean, the court said.

Throughout the hearing, Michele Bean accepted some statements and rejected others. The court ruled the entire testimony could not be adopted by Michele Bean.

“We find that it is just as likely, however, that the defendant only spoke to matters about which she had direct knowledge, suggesting that where she remained silent, her husband spoke only for himself,” the court wrote.

The statements were not admissible and “it was an abuse of discretion to allow them,” the appellate judges ruled.

An appeal made in 2006 by Ronald Bean was rejected by the appellate court. Michele Bean was serving concurrent jail terms of 365 days and 60 months probation for each count.

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