People of Michigan v. Dennis Kristofer Therrian
331717
| Mich. Ct. App. | May 9, 2017Background
- Defendant Dennis Therrian was convicted by a jury of three counts of first‑degree criminal sexual conduct and one count of second‑degree criminal sexual conduct for sexually abusing his biological son; sentences were concurrent (25–50 years for CSC‑I; 10–15 years for CSC‑II).
- Defendant appealed, arguing trial counsel was ineffective for multiple failures (not calling an expert on false child allegations, failing to impeach the victim’s mother, failing to present other impeachment evidence).
- No Ginther hearing or new‑trial motion was held in the trial court on the ineffective‑assistance claim; the claim was therefore unpreserved and review is limited to record‑apparent errors.
- The record showed defense counsel cross‑examined the child and mother and emphasized inconsistencies and motives; counsel also declined to pursue some lines of inquiry after evidentiary developments.
- The Court applied the Strickland two‑prong test (performance and prejudice) and found defendant failed to establish deficient performance or prejudice; the child’s testimony alone was sufficient to support the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not calling an expert on false child abuse allegations | Prosecution: counsel’s decisions were reasonable trial strategy; record shows cross‑examination targeted credibility | Therrian: absent expert, jury wasn’t informed why children might fabricate or distort allegations | Court: No record proof counsel consulted/declined expert; counsel reasonably relied on cross‑examination; no prejudice shown |
| Whether counsel should have impeached the victim’s mother with alleged CPS/history evidence | Prosecution: defendant failed to establish the factual predicates for such evidence; mother’s testimony was not central to elements | Therrian: mother may have been anonymous complainer and had prior false accusations and convictions that show dishonesty | Court: No proof mother was anonymous caller; prior convictions inadmissible or stale; mother’s testimony wasn’t essential; no prejudice |
| Whether counsel erred by withdrawing or not pursuing certain extrinsic allegations (prescription theft, prior assault) | Prosecution: trial counsel properly avoided mini‑trials and strategic choices were reasonable | Therrian: counsel abandoned lines that would show mother fabricated accusations | Court: Withdrawal was reasonable after prosecutor presented a police report; defendant not entitled to trial within a trial; no deficient performance |
| Whether the cumulative effect of alleged errors requires reversal | Prosecution: no objectively unreasonable acts to aggregate; only actual errors are aggregated | Therrian: combined omissions prejudiced outcome | Court: No individual errors shown; cumulative‑error claim fails |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance: performance and prejudice)
- People v. Vaughn, 491 Mich. 642 (2012) (applying Strickland; strong presumption counsel competent)
- People v. Trakhtenberg, 493 Mich. 38 (2012) (counsel must investigate or reasonably conclude investigation unnecessary)
- People v. Szalma, 487 Mich. 708 (2010) (victim’s testimony alone can support sexual‑conduct convictions)
- People v. Hoag, 460 Mich. 1 (1999) (defendant must establish factual predicate for ineffective‑assistance claims)
- People v. Chapo, 283 Mich. App. 360 (2009) (trial counsel responsible for presenting substantial defenses)
- People v. Dunigan, 299 Mich. App. 579 (2013) (witness choices and evidence presentation presumed strategic)
- People v. Mack, 265 Mich. App. 122 (2005) (when no Ginther hearing, review limited to record‑apparent errors)
- People v. Kurylczyk, 443 Mich. 289 (1993) (clear‑error standard explained)
- People v. LeBlanc, 465 Mich. 575 (2002) (cumulative‑error doctrine considers only actual errors)