Livingston County Circuit Court Judge Suzanne Geddis dismissed a felony case against Rrok Dedivanaj, 40, of Linden, in its entirety July 26.
Dedivanaj was bound over to Livingston County Circuit Court on Tuesday, April 23 for a jury trial on five counts of third-degree criminal sexual conduct, force or coercion.
According to the judge’s order, defense attorney Michael Manley motioned to quash (void) the complaints against Dedivanaj on July 25.
As stated in the judge’s July 26 order, “A circuit court reviewing a district court bind over on a motion to quash must look at the four corners of the transcript. The transcript
from the preliminary exam reveals that the district court, after hearing the evidence put on by the parties regarding the five charged counts of criminal sexual conduct in the third degree (by force or coercion), concluded that the evidence presented showed a combination of consent by the complainant and coercion by the defendant.
“A combination of consent and coercion is not legally sufficient to support the element of force or coercion in the charged counts, and it is not sufficient to warrant binding the case over to circuit court.
“Therefore, the bind over by the district court was an abuse of discretion. For those reasons, the bind over is hereby quashed, and the case is dismissed in its entirety.”
As previously reported, Lt. Jim Lynch of the Livingston County Sheriff’s Office said an 18-year-old South Lyon female reported the incident to the sheriff’s office Dec. 17, 2018. He said the female alleged she had been sexually assaulted two days prior at a residence in Tyrone Township. She identified the suspect as Dedivanaj.
Following the dismissal, Manley said, “The complainant had her day in court and was again able to tell her story. This time her story was subject to cross-examination on behalf of Mr. Dedivanaj. The result was that the judge dismissed the case based upon her testimony and the testimony of others.
“We commend the judge for upholding the rule of law. I am pleased to have vindicated Mr. Dedivanaj and look forward to him continuing to be a valuable member of the Fenton community.”