Mistrial declared for officer in cellphone theft case
After five days of jury deliberation a mistrial has been declared in the case of a St. Clair Shores police sergeant accused of armed robbery while retrieving his daughter’s stolen cellphone.
Wayne County Circuit Judge Mark Slavens declared a mistrial Friday afternoon for Michael Notoriano because of a hung jury. Notoriano returns to court March 6 for a docket conference.
“We’re saddened we couldn’t reach a unanimous verdict,” Notoriano’s attorney Todd Flood said Friday evening. “We will fight this in a courtroom if it goes to the courtroom again.”
Notoriano was accused of enlisting the help of Detroit Police Sgt. David Pomeroy in July 2013, to retrieve his daughter’s iPhone he tracked to an east side Detroit gas station. Prosecutors said the off-duty officers stole marijuana, cash and a gun.
Pomeroy took a plea in the case.
In addition to armed robbery Notoriano was charged with ethnic intimidation after he allegedly hit one of the victims and used the N-word.