STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM. PEOPLE OF THE STATE OF MICHIGAN, Plaintiff, v WILLIAM STRAMPEL, Defendant, Case No. 18-000479-FH-C30 Hon, Joyce Draganchuk RECEIVED APR 05 2019 30th Cireuit Court Danielle Hagaman-Clark (P63017) Assistant Attorney General MICHIGAN DEPARTMENT OF ATTORNEY GENERAL Criminal Division 3030 W, Grand Blvd, Suite 10-350 Detroit, MI 48202 G13) 456-0180 hagamanclarkd@michigan.gov ‘Attomeys for Plaintiff DEFENDANT’S MOTION TO COMPEL MICHIGAN S' FURNISH DOCUMENTS NECESSARY FOR DEFENDAN’ John D, Dakmak (PS8210) CLARK HILL PLC 500 Woodward Ave, Suite 3500 Dettoit, MI 48226 313) 965-8288 jdakmak@elarkhilcom ‘Attomeys for Defendant Scott R. Eldridge (P66452) MILLER CANFIELD PADDOCK & STONE, ‘One Michigan Ave., Suite 900 Lansing MI 48933 (517)483-4918 eldridge@millercanfield.com Attorneys for Michigan State University TE UNIVERSITY TO CRIMINAL DEFENSE, NOW COMES Defendant William Strampel, by and through his attorneys, Clark Hill PLC and John D. Dakmak, and presents to this Honorable Court his Motion to Compel Michigan State University to Furnish Documents Necessary for Defendant's Criminal Defense: 1, On or about July 9, 2018, Dr. William Strampel (hereinafter “Dr. Strampel”) served a subpoena on Michigan State University (hereinafter “MSU”) for five (5) different sets of documents/e-mails covering various communications between Dr. Strampel and key MSU representatives (e.g., Kristine Moore) and departments (e.g., Office of Institutional Equality), 221435794.1 5789918293102. On or about August 1, 2018, MSU responded by providing roughly 10,800 documents to Dr, Strampel along with a privilege log listing 135 documents that were either withheld or contained redactions premised on generalized assertions of attorney-client privilege or work-product doctrine. 3. In relevant part, the People of the State of Michigan (hereinafter the “People”) charged Dr. Strampel with two misdemeanor counts of Willful Neglect of Duty, contrary to MCL § 750.478. 4, The willful neglect requirement the People must establish under MCL § 750.478 renders it a specific intent crime. See People v Waterstone, 296 Mich App 121, 142; 818 NW2d 432, 443 (2012). 5. Michigan courts recognize the advice of counsel defense is available to negate specific intent crimes, See People v Slayton, 123 Mich 397, 400; 82 NW 205, 206 (1900). 6. Dr. Strampel’s Willful Neglect of Duty charges are premised on his former role as the Dean of the MSU College of Osteopathic Medicine (hereinafter “MSU COM”). 7. Dr. Strampel’s invocation of the advice of counsel defense to the Willful Neglect of Duty charges requires he be able to present documents and information establishing that he relied in good faith on the MSU Office of General Counsel’s (hereinafter “OGC”) attorneys’ advice and the advice of the Office of Institutional Equality (hereinafter “OIE”) in their 2014 investigation of Amanda Thomashow’s Title IX Complaint against Lamy Nassar (hereinafter “Nassar”, as well as relying on their advice in returning Nassar to the clinic and establishing the protocols and circumstances surrounding his return, and who was in charge of supervising Nassar in the aftermath of the OIE’s investigation. 221435794.1 57899/3293108. Dr. Strampel can identify the specific statements MSU claims are privileged and he can specifically show how the statements negate the willfulness requirement under MCL. § 750.478. 9, Although only a misdemeanor, the People asserting the Willful Neglect of Duty criminal charges against Dr. Strampel serves as an allegation that he bears a significant amount of culpability for Nassar’s criminal conduct. 10. Under the unique facts and circumstances of this case, Dr. Strampel’s Sixth Amendment right to present a defense far outweighs the need to protect MSU’s generalized assertions of the attomey-client privilege, 11, Dr. Strampel, pursuant to MCR 6.201(C), seeks a court order compelling MSU to produce unredacted copies of two privileged documents listed in the privilege log (or at least an in camera inspection of said documents). WHEREFORE Defendant William Strampel respectfully requests that this Honorable Court grant the relief requested in this motion and supporting memorandum, Respectfully submitted, CLARK HILL PLC hewelat CW) By: 500 Woodward Ave., Suite 35 Detroit, Michigan 48226 (313) 965-8300 idekmak@clarkhill.com Attomeys for Defendant Dated: April 5,2019 221435794, $78991329310