Assistant prosecutor in rape-custody case no longer county employee

Assistant prosecutor in rape child custody case no longer has job

SANILAC COUNTY, MICH. - The Sanilac County assistant prosecutor at the heart of a controversial case that temporarily gave a convicted sex offender parental rights is no longer with the prosecutor's office.

John Nevin, Michigan Supreme Court communications director, said in an email, "Eric Scott is no longer employed by the Sanilac County Prosecutor's Office."

Further details of the separation have not been released. Calls to the prosecutor's office Thursday were not immediately returned.

Judge Gregory Ross signed a paternity order Sept. 22 naming Christopher Mirasolo as the father of who was conceived during a sexual assault. Ross ordered Mirasolo to pay child support and granted him joint custody and parenting time.

During a hearing Tuesday, Ross said he was not informed of the dynamics of the case. 

In his decision, which he read in court Tuesday, Ross wrote: "The question that everyone is asking is 'How could a judge do such a thing?'

"The answer is that this judge was not aware, did not have knowledge of the fact that the defendant raped the plaintiff and the child was born as a result."

He said he was presented with a paternity petition, which he reviewed and there was nothing unusual in the order.

"It has been suggested that I 'rubber stamped' this order," he wrote. "I do not rubber stamp orders. I felt it was routine. I did not 'rubber stamp' it."

Mirasolo pleaded guilty to attempted third-degree criminal sexual conduct in the 2008 assault on the child's mother, who was 12 at the time. He pleaded no contest to third- and fourth-degree criminal sexual conduct in March 2010 in an incident involving another teen.

The Times Herald does not identify victims of sexual assault.

In a response to objections of his being awarded custody of his son, Mirasolo said his relationship with the boy's mother when she was 12 was romantic.

"The Defendant absolutely denies that he forcibly raped or threatened to kill the minor child's mother. In further response, the Defendant states that the Plaintiff became pregnant while the parties were in a romantic relationship that lasted several months. The relationship occurred when the Defendant was 18 years old and the Plaintiff was approximately five years younger than the Defendant," reads the response filed by Mirasolo's lawyer.

The court filing continues that Mirasolo did not request custody or parenting time.

Contact Liz Shepard at (810) 989-6273 or lshepard@gannett.com. Follow her on Twitter @lvshepard. 

Times Herald


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