The Macomb Prosecutor’s Office declined to pursue a perjury charge against a Chesterfield Township detective accused of lying during a civil trial of a former county commissioner and her husband.
Detective Joe Feld, however, following an internal police investigation was found to have committed professional misconduct and ordered to undergo counseling for making negative comments about Commissioner Carey Torrice’s husband, Michael Torrice, to another person involved in the trial.
The Torrices operate a private detective agency in Fraser.
Assistant Macomb prosecutor Dean Alan said last week there was no proof that Feld intended to lie when he testified that he didn’t talk about Torrice to Tadd Milavec, who got into a dispute with Torrice over boat trailers that Milavec parked at the second home of his wife, Carrie Torrice. A police department telephone recording contradicted his testimony, indicating Feld did make negative comments about the Torrices to Milavec.
“I believe we cannot prove the intent that he knew his statement was a lie when he made it,” Alan said.
Lt. Dawn Fellner of the Michigan State Police, who investigated the matter and submitted her results to prosecutors, agreed she did not believe Feld intended to make a false statement.
The MSP typically conducts probes of law enforcement personnel in lieu of a local agency.
The investigation came after Michael Torrice filed a complaint against Feld. Torrice through submitting state Freedom of Information Act requests discovered the audio recordings.
Feld last week told The Macomb Daily the incident was a “non-issue.”
“It was blown out of proportion,” he said. “I don’t really need to say too much about it.” Michael Torrice said that he is disappointed in the lack of a perjury charge against Feld. He compared Feld’s actions to those of former Detroit mayor Kwame Kilpatrick, who was convicted of perjury.
“Kilpatrick lied about some text messages and was caught,” Torrice said via email. “Feld lied about discussing our case with his friend and was caught.
Kwayme went to prison, and Feld is not even charged? Why not?”
He said Feld also initially misled internal investigators by denying he talked to Milavec about Torrice other than saying he merely advised Milavec their dispute was a civil matter.
Torrice said he may sue Chesterfield in federal court over the incident.
The perjury allegation stemmed from an insurance company’s lawsuit against the Torrices. Following a 2009 trial, a jury decided that the Torrices in December 2005 deliberately conspired to burn down Carey Torrice’s house on Jefferson Avenue in Chesterfield Township and were ordered to pay $36,000 to American Fellowship in insurance-payout funds. That amount has risen to more than $60,000 including interest and attorney fees as the Torrices have paid minimal amounts, and their appeal is pending.
Feld testified during the trial that he did not discuss the case with Milavec in early 2009, contrary to the recordings.
Chesterfield Township Police Chief Bruce Smith last week said that township police did not probe the alleged perjury because it occurred outside of its jurisdiction.
But internal affairs reviewed Feld’s telephone conversation and determined he made improper comments. A report on the probe found “improper conduct.”
“On 2/22/10, Det. Feld was counseled on this issue,” the report says.Smith agreed Feld’s remark to Milavec was inappropriate but defended Feld.
“The detective has a stellar record,” Smith said. “He made an off-the-cuff comment that I think he regrets making.
“The detective made an unprofessional statement and was counseled about that.”
The Torrices operate Eye Spy Detective Agency. Carey Torrice is an actress and model, and served as a county commissioner from 2006 to 2010.
They jury in the Torrice’s trial also concluded that Carey Torrice misrepresented that she lived at the home when she obtained the insurance policy 16 days before the fire on Dec. 29, 2005. American Fellowship does not insure vacant homes.
