FOR IMMEDIATE RELEASE
August 1, 2018
Prosecutor Eric Smith blocks parole release of child rapist
A man convicted of violently raping a 12-year-old girl will remain in prison while Macomb County Prosecutor Eric Smith pursues an appeal of the Parole Board’s decision to release the former martial arts instructor and certified police officer.
Richard McBrayer, who was convicted in 1994 of two counts of First Degree Criminal Sexual Conduct, was scheduled for release on parole last Tuesday after serving just 22 years of his 20- to 40-year sentence in state prison. After learning of McBrayer’s impending release, Smith filed an emergency motion to stay the Parole Board’s decision. Prosecutor Smith’s motion was granted by Macomb County Circuit Court Judge Carl Marlinga last Monday, July 23, 2018, – the day before the scheduled parole release.
McBrayer, now 60, was 36 years old when he pled guilty to sexually assaulting the young girl numerous times over the course of two years. The child was between the ages of 12 and 14 during the attacks. At his sentencing, former Judge Mary A. Chrzanowski told McBrayer that he was, “the most disgusting individual that has ever stood,” before her. In recounting one of McBrayer’s sexual acts, Judge Chrzanowski stated, “I didn’t sleep after I read this letter [from the victim]…You took her to a motel room, you abused her in a hot tub, you made her drink alcohol, you held her underneath the water in the hot tub, pulled out a sucker and proceeded to stick the sucker into her vagina. If within the bounds of law I could give you more time, I would.”
Prosecutor Smith was, then, the assistant prosecuting attorney who successfully prosecuted McBrayer in 1993. “I stand in strong opposition of this parole. Releasing this rapist would be a miscarriage of justice, as the victim continues to suffer from these crimes committed against her,” said Smith.
This is not the first time McBrayer’s parole is opposed. In 2011, Smith appealed McBrayer’s parole to Judge Peter J. Maceroni, who reversed the grant of parole. The Parole Board again paroled McBrayer, and actually released him in 2016. After his victim encountered McBrayer at a traffic light near her home, she retained an attorney who appealed the parole decision. Judge Kathryn A. Viviano reversed the Board’s decision to parole and returned McBrayer to prison. In reversing the 2015 Parole Board decision, Judge Kathryn A. Viviano stated, “The severity of those crimes and their continuing impact on [the victim] – both emotionally and physically – cannot be overstated.”
The Michigan Court of Appeals affirmed Viviano’s decision in 2017, and in April of this year, the Michigan Supreme Court finalized Viviano’s decision by denying leave to appeal. McBrayer was out of prison over two years before his parole was reversed by the courts.
When McBrayer was returned to prison this year, the Parole Board issued a notice April 10, stating, “The Parole board lacks reasonable assurance that the prisoner will not become a menace to society or to the public safety and the denial of parole is warranted with action as follows: … RECONSIDERATION DATE: 4/10/19.”
The Parole Board, however, did not wait for the 2019 reconsideration date it set. Instead, on June 18, 2018, just 2.5 months after the finalization of the court’s reversal of the prior Parole Board decision, the Parole Board again decided to parole McBrayer, to a location in Clinton Township within four miles of his rape victim. Last Friday, Smith filed an emergency request to appeal the latest parole decision and requested a stay, pending the appeal process. Judge Marlinga granted the request.
Judge Marlinga could hear arguments by Smith and the Parole Board, whether or not to reverse the parole decision, in the next month or two.