The Michigan Court of Appeals reinstated sex-abuse lawsuits against Michigan attorney Mike Morse, who has been accused of sexually abusing two female patients who worked in his law firm in Oakland County. Morse is also accused of touching a woman’s breast inappropriately, Jordan Smits, in a separate incident.
The Court of Appeals ordered a new trial, based on its determination that there was insufficient evidence that Morse had engaged in inappropriate touching or that Smits and Lichon had been subjected to unwanted sexual touching by him. The Court of Appeals found that both Smits and Lichon had been treated in an appropriate manner by Morse, contrary to Smits’ claim that Morse had treated her in an inappropriate fashion. The Court of Appeals found that this case presented “a significant risk of miscarriage if the jury retires a reasonable doubt.”
In granting the motion, the Court of Appeals found that Morse had shown, in the case involving Smits, that there was probable cause for believing that he had engaged in improper conduct with her. In this case, the evidence showed that Smits had complained to Morse that he had touched her inappropriately, even though she had not said anything to him.
In the case involving Smits, it was concluded that Morse had failed to provide sufficient evidence that Smits had complained about his touching. The Court found that Smits had been treated in an appropriate manner by Morse, even though she had complained to him that he had touched her inappropriately. Furthermore, she had been happy with the relationship she was in with Morse, even though she did not want to be seen having a sexual encounter in front of a client. In light of these findings, the Court of Appeals concluded that the jury had not shown beyond a reasonable doubt that Morse committed a sexual abuse against Smits.
In the case against Morse, Smits and Lichon both testified that they were happy with the relationship that they had with Morse. They said that Morse was always there for them when they needed him, and they had no negative feelings about the way in which he treated them. Smits had also testified that she had been treated well by Morse throughout the relationship, despite the fact that she had complained to him that he had inappropriately touched her.
Both plaintiffs are disappointed with the decision, but they are pleased that the Court of Appeals reversed itself. in allowing the case to proceed to trial, finding that there was no probable cause for concluding that Morse committed a sexual abuse against Smits. because it found that Smits had not waived her right to a trial.