Thursday, August 26, 2010

EVIL has returned to Flint MI.

evil, drawing 082610
evil, drawing 082610,
originally uploaded by terrybankert.
HE HAS ARRIVED, Arraignment afternoon of Thursday 08/26/10 expected to be in the Mcree Building 68th District Court Judge Perry expected to be the presiding judge.

……News has learned that serial murder suspect Elias Abuelazam will be flown from Atlanta to Michigan Thursday morning. [1]

Elias Abuelazam, 33, will be extradited to Genesee County Thursday.

Abuelazam was arrested Aug. 11 at an Atlanta, Georgia, airport, allegedly trying to flee the country.[3]


He is charged with attempted murder for a knife attack in Flint on July 27. He is suspected in at least 18 stabbings across three states.[3]


Some victims tell NBC25 they have received notice and plan to be in court to face him Thursday afternoon. [4]

How can a fair ID be made if the victims seem him first at the arraignment?

Abuelazam is a suspect in a string of knife and hammer attacks that left five people dead and 13 injured. [1]


So far Abuelazam has only been charged with one count of assault with intent to murder In Genesee County. Genesee County Prosecutor David Leyton promises many more charges are pending. His office is still gathering evidence. [4]


CJI2d 17.3 Assault with Intent to Murder

(1) The defendant is charged with the crime of assault with intent to murder. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant tried to physically injure another person.

(3) Second, that when the defendant committed the assault, [he / she] had the ability to cause an injury, or at least believed that [he / she] had the ability.

(4) Third, that the defendant intended to kill the person [he / she] assaulted [, and the circumstances did not legally excuse or reduce the crime] .*



A. In General

In general, there are three kinds of arraignments, depending on the nature of the charges and the nature of the court: district court arraignment on a misdemeanor charge, district court arraignment on a felony charge, and circuit court arraignment on a felony charge. In each case, the general purpose of the proceeding is the same—to advise the defendant of the nature of the charge and of his or her procedural rights and to permit the defendant to claim or waive those rights. [5]

At the arraignment, the charging document is read (or the reading is waived), and conditions or amount of bail may be set, amended, or continued. [5]

There are special provisions in the court rules for a preliminary arraignment when the arrest is made in a county other than that in which the charges have been made. See MCR 6.104(C). [5]

MCR 6.006(A) provides that district and circuit courts may use two-way interactive video technology to conduct the initial arraignment on the warrant and arraignments on the information as well as pretrial’s, pleas, and sentencing for misdemeanors, among other proceedings. Under the system, the arraigning judge can see the defendant and the defendant can see the judge. The use of this technology must be in accordance with the requirements and guidelines established by the SCAO, and all proceedings must be recorded verbatim by the court. MCR 6.006(D). [5]

After the reading (or waiver of the reading) of the complaint in a district court felony arraignment, the defendant is given the opportunity to demand or waive a preliminary examination. MCR 6.610(H). [5]

At a district court felony arraignment, the accused must be advised of the rights provided in MCR 6.104(E). He or she must be informed of the maximum possible prison sentence and any mandatory minimum sentence. MCR 6.104(E)(1). [5]

On arrest, or by an order on completion of arraignment, fingerprints of the defendant are to be taken when the charged offense is a felony or misdemeanor or ordinance violation punishable by imprisonment for more than 92 days. MCL 28.243 (which also applies to certain criminal contempt’s), 764.29. [5]

In 2009, MCL 750.520m was amended to require that DNA testing is mandatory when a person is charged with a violent crime, as defined by MCL 791.236(19). This includes murder and manslaughter, kidnapping, criminal sexual conduct, robbery, carjacking, mayhem, and felony assaults. [5]



Preliminary Examination

A. Theory

§20.27 A preliminary examination in a felony case is a judicial proceeding in the district court to determine whether there is sufficient evidence to continue proceedings leading to a circuit court trial. The burden is on the prosecuting attorney to establish the existence of probable cause to believe that a felony (that is, an offense that cannot be tried in the district court) has been committed and that the defendant committed it. MCR 6.110(E). Except as specifically provided elsewhere by law, the Michigan Rules of Evidence (MRE) and other established rules of evidence apply. MCR 6.110(C). [5]

Under MCL 600.2167, the report of a forensic technician, pathologist, or medical examiner may be introduced as his or her testimony if you are given a copy and do not demand his or her presence in writing not more than five days after receiving a copy of the report. Even if you demand his or her testimony, it can be given by video or voice communication equipment on the timely request of the prosecuting attorney, or the preliminary examination may be adjourned so that the expert can be there. [5]

Police say they suspect the Israeli citizen and legal U.S. resident in 18 stabbings. Three happened in Leesburg, Virginia, one in Toledo, Ohio, and fourteen in Genesee County.

Five victims died in Genesee County. They include Flint Township resident 60-year-old Frank Kellybrew, and Flint residents 31-year-old David Motley, 59-year-old Emmanuel A. Muhammad, 43-year-old Darwin Marshall, and 43-year-old Arnold Minor. [4]

Police say Abuelazam drove at night hunting for victims. He would often ask them for help, then pull out a knife, slash their bodies, and speed away. In some cases he used other weapons, such as a hammer. [4]

Abuelazam was captured at Atlanta's Hartsfield Jackson Airport earlier this month as he tried to board a plane to Israel. He waived extradition and has been waiting for Michigan authorities to pick him up from the Fulton County jail. [1]

FOX 5 News has also learned that he has a first appearance hearing in Flint, Michigan Thursday afternoon. [1]

Extradition has long been a sore spot for sheriffs who contend state and federal authorities should pay more of the costs to return fugitives. Now economic troubles and budget deficits are forcing prosecutors and sheriffs to make tough decisions about who will face prosecution and who will remain free.[2]

Returning the stabbing suspect, Elias Abuelazam, to Michigan to face multiple murder charges is expected to cost between $2,000 and $10,000 at a time when Genesee County has an $18 million budget deficit.[2]

Then-U.S. Sen. Joe Biden introduced legislation in 2008 that would have devoted more federal funding to help regional and local task forces extradite fugitives. But the legislation stalled and has yet to gain widespread support from lawmakers.[2]

"We have to juggle with limited resources," said Genesee County Prosecutor David Leyton. "I have to do more with less, but so does just about everybody. We will do the job whether we get the extra help or not."[2]

Details of his departure from Atlanta are being closely guarded, but media outlets in Michigan were given advanced notice of Abuelazam's arrival.[1]

There is no word on exactly when Thursday or how Abuelazam will be transported back to Michigan.[3]

He is expected to be held in the Genesee County Jail upon his return.[4]

The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraignment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to



Good Morning Flint!







Michigan Basic Practice Handbook ch 20 (ICLE 6th ed 2007), at

(last updated 08/13/2010).

The word is EVIL Elias Abuelazam , is already here , 08/26/2010, in the Genesee County Jail in Flint MI. In the role of a photo /text blogger for Good Morning Flint! I will be at the arraigment, in the court room with press credentials. Any media interested in pictures/ video? They will be posted free , open use, waiver of copyright, to my flicker account and “Good Morning Flint!, for proper attribution. " Photos by Terry Bankert". I will post them to

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