Former Michigan Prosecutor Faces Five Years in Prison After an Alleged Inappropriate Relationship With Rape Victim

Former Michigan Assistant Attorney General Brian Kolodziej is facing felony misconduct charges after an investigation into his inappropriate relationship with the victim of a rape case he was assigned to in 2018.

In September 2019, Kolodziej resigned from his position during the middle of a child sexual abuse case in Oakland County. Because of his resignation, the charges against the two men involved were dismissed, and an investigator from the Attorney General’s office who was assigned to work with Kolodziej was fired.

Kent County prosecutor Christopher Becker announced last week that the former Assistant Attorney General is now facing two separate counts of misconduct in office. However, Kolodziej will not face the second charge of misconduct in office related to the Oakland County child sexual abuse case. Becker shared, “We have found two counts of misconduct in office. We can’t go into details of what led to this decision. We will have to let the process play out.”

Kolodziej served as Assistant Attorney General for one year after he was hired in September 2018. That year, Kolodziej was the lead prosecutor in the case of Ian Elliot. Elliot, who was the student body president of Central Michigan University, was accused of criminal sexual conduct involving two victims in an off-campus apartment.

In his time as the lead prosecutor in the case, an internal investigation was launched by the Attorney General, Dana Nessel, in Kolodziej's handling of the case. Throughout that investigation, Kolodziej was found to have mishandled the case as he developed a relationship with one of Elliot’s two victims.

Kolodziej's Misconduct Muddles Sentencing of Sexual Assault Case

Elliot's initial charges included three counts of third-degree criminal sexual conduct and one count of assault with intent to commit penetration. Elliot pled no contest to one felony count of third-degree criminal sexual conduct. He was sentenced by County Chief Judge Eric Janes to a minimum of 366 days behind bars with a maximum of 180 months.

After the discovery of Kolodziej's inappropriate mishandling of the case, Elliott's lawyer and the Michigan Department of Attorney General reached an agreement to reassess Elliott's original sentence.

Because of the agreement, Elliot’s attorneys were allowed to file a motion to withdraw Elliot's previous plea of no contest. The withdrawal of his plea removed the original sentence he received, and in January 2020, Elliot entered a new no-contest plea to fourth-degree criminal sexual conduct that would result in a reduction of sentencing as this new plea carried only a maximum of two years behind bars.

After entering his new no-contest plea to fourth-degree criminal sexual conduct, Elliott was resentenced to serve one year in the Isabella County Jail. The 189 days he had already served in his first sentencing were counted toward his new sentencing. In his second year, Elliot was required to be on continuous alcohol monitoring in accordance with the fourth-degree criminal sexual conduct charge. Additionally, Elliot was required to be evaluated for and participate in drug, alcohol, and sex offender counseling.

The new sentence also required that Elliot comply with being on a sex offender list, which is different from being placed on the public Michigan sex offender registrySex Offender Registry and Sex Offender Registration LawsA sex offender registry is a government system that requires people convicted of specified sex offenses to provide identifying and other information to authorities, with some information often made publicly available. Federal and state law governs registration requirements, which can differ significantly by jurisdiction.Read more →. According to Elliot’s defense attorney, Joe Barberi, Elliot will routinely check into this “non-public" sex offender list for the next 15 years.

After the formal charges were brought against Kolodziej by Kent County Prosecutor Becker, Attorney General Nessel shared the following statement in a press release, “I would like to thank Prosecutor Becker and his team at the Kent County Prosecutor’s Office, along with the Michigan State Police, especially Detective Sgt. Jacquelyn Stasiak, for their thorough investigation and all of the hard work they put into this case. We condemned Mr. Kolodziej’s actions when we first discovered them, and we support Prosecutor Becker in his pursuit of justice and will continue to cooperate with his office’s efforts as this case moves forward."

Kolodziej’s attorneys have not released a statement on behalf of the investigation or the charges. If convicted, Kolodziej could face up to five years in prison and a $10,000 penalty.