IRON MOUNTAIN -The Michigan Court of Appeals has granted a new trial to a former Michigan State Police trooper who was convicted by jury in Iron County Trial Court in 2011 of two felony counts of criminal sexual conduct-second degree.
David Morikawa, 39, won the appeal on grounds that he had ineffective assistance of counsel.
Grant Carlson of Iron Mountain served as Morikawa's defense attorney during the 2011 trial. Due to a conflict of interest for the Iron County Prosecutor's Office, Special Assistant Attorney General Michael Stein of Traverse City prosecuted the case.
Appeals Judges cited the jury's deadlock and eventual juror substitution and Carlson's failure to "object properly to improper character testimony" from Morikawa's former co-worker F/Lt. Christine Grabowski of the Michigan State Police.