Robert DeClercq, a former Grosse Pointe native now imprisoned in Jackson, has avoided facing a second criminal sexual conduct case in Mackinac County, but he remains behind bars while fighting to overturn his conviction in Oscoda County.
He was convicted May 2 on two counts of first-degree criminal sexual conduct of a person under 13. At the time of the incident, the victim was 3 years old.
DeClercq maintains he is not guilty and is pursuing an appeal. His trial lawyer, Shannon Smith of Bloomfield Hills, who also represented Oxford school shooter’s mother Jennifer Crumbley, says that her client didn’t receive a fair trial from the judge, a former prosecutor who was elected to the bench in 2018.
On appeal, DeClercq is now represented by Michael Dezsi, another high-profile Detroit attorney who is handling Oxford mother Jennifer Crumbley’s appeal. Dezsi has already filed a preliminary motion with the Court of Appeals, asking the Oscoda County Circuit Court to release courtroom videotapes from DeClercq’s trial.
In his filing, Dezsi pointed to serious concerns about the trial judge’s conduct:
“This, I believe, is both necessary and appropriate given that Mr. DeClercq’s trial counsel made a motion for mistrial accusing the Judge of being biased against the defense, and further accusing the Judge of making inappropriate comments (and/or belittling counsel) in front of the jury,” Dezsi wrote. “The videotapes would further support the claims made by Mr. DeClercq’s counsel, and we think it is necessary for the appellate counsel to have these videotapes for purposes of the arguments that we intend to raise on appeal.”
DeClercq is currently serving a minimum sentence of 25 years in prison, and his appeal will determine whether those years stand or if he will be granted a new trial.
