Prosecutor: Child rapist should be denied parole
Macomb County Prosecutor Eric Smith is opposing parole for a 60-year-old man who was convicted in 1994 on two counts of first-degree criminal sexual assault after raping a young girl.
Richard McBrayer was scheduled for release on parole on July 24, after serving 22 years of his 20-to 40-year sentence in state prison. After learning of his impending release, Smith filed an emergency motion for a stay to the Parole Board's decision.
The motion was granted by Macomb County Circuit Court Judge Carl Marlinga on July 23. A date for when the appeal will be heard in court has not yet been set.
The victim was between the ages of 12 and 14 when the attacks occurred in 1993. At his sentencing, Judge Mary Chrzanowski told McBrayer he was "the most disgusting individual that has ever stood" before her.
Smith was the assistant prosecutor who handled McBrayer's case in 1993, and he has been vocal in opposing his parole since 2011, when he succeeded in getting a judge to reverse it before McBrayer could be released from prison.
McBrayer was parole-eligible starting in 2010, Kramer said, because he was eligible for disciplinary credits due to being sentenced pre-1998, when Michigan did away with disciplinary credits.
In 2015, the parole board granted McBrayer his release. Michigan Department of Corrections spokeswoman Holly Kramer said that "a positive parole decision was issued, as (McBrayer) completed required programming, did not have any major misconducts, and had family support. While on parole, he reported as expected, had a job and complied with all parole conditions."
The next year, McBrayer and the victim encountered one another "at a traffic light near her home," after which she hired an attorney and appealed his parole again.
Macomb County Circuit Court Judge Kathryn Viviano reversed the board's decision, writing that the impact of the years of assault on the victim "cannot be overstated."
The Michigan Court of Appeals affirmed Viviano's decision, and this April, the Michigan Supreme Court denied McBrayer's appeal. All told, he spent two years free before his parole was officially reversed.
McBrayer is in prison right now; no date has been set for a new parole hearing.