Now's the time for citizens
to practice good stewardship
See Editorial on Page 4
Smalley hurls one-hitter
in Saxon win at Pennfield
See Story on Page 11
Delton Kellogg announces
its top 10 high school seniors
See Story on Page 2
M-43 bridge topic of
MDOT meeting tonightMichigan Department of Transportation
staff will host a public meeting to provide
details of a planned project to replace the
M-43 bridge near Carlton Center.
The meeting, which is open to the pub-
lic, will be from 5 to 7 p.m. Thursday, April
21, at the Carlton Township Hall, 85 Wel-
come Road, Hastings.
The current M-43 bridge was built in
1956 and is one of the earliest prestressed
concrete bridges built by MDOT. Because
of this history, it is eligible for the National
Register of Historic Places. The use of
prestressed concrete beams for building
bridges was a major technological advance-
ment nationwide, and MDOT began using
this new type of beam in the mid-1950s a
few years after they were developed.
The meeting is will provide a chance for
the public to review and comment on the
adverse effect of replacing a National Reg-
ister-eligible bridge, as part of the Section
106 of the National Historic Preservation
Act and Section 4(f) of the Department of
Transportation Act processes.
Public input is being sought to help
MDOT recognize and address any con-
cerns that may result from the replacement
of this National Register-eligible bridge.
Public comment should be submitted by
May 6.
Concerns or comments discussed at the
meeting regarding the project may be
shared using the online comment form via
email to Monica Monsma, MonsmaM@
Michigan.gov; by calling 517-335-4381;
or by mail, Michigan Department of Trans-
portation, P.O. Box 30050, Lansing, MI
48909.Earth Day film Friday at
Hastings libraryA screening of the film “Youth v Gov”
will be shown on Earth Day, Friday April
22, at 3:30 p.m. in the Community Room
at Hastings Public Library.
“Youth v Gov” is a documentary about a
lawsuit by youth against the federal gov-
ernment to address the threat to their con-
stitutional right to life, liberty, and property
caused by climate change.
In 2015, 21 children and adolescents
between 8 and 19 years old, including
Kelsey Juliana from Oregon, filed a suit
called “Juliana v. United States.” The chil-
dren allege that the federal government,
through its actions in creating a national
energy system that causes climate change,
is depriving the youth of their constitution-
al right to life, liberty and property. The
suit asks the court to exert its remedial
powers to ensure a comprehensive scheme
to reduce fossil fuel emissions, combat
climate change, and protect their right to a
habitable planet. The film “Youth v. Gov”
documents this lawsuit.
“Juliana v U.S.” also was featured on
the CBS show “60 Minutes” in 2019.
Following the film, attorney Robert
Byington will be present to address the
legal questions arising from the decision of
the 9th Circuit Court. Robert Schirmer,
M.D. will be present to describe the harm-
ful effects of climate change, particularly
on fetuses, infants, children and adoles-
cents.
Emmanuel Episcopal Church is spon-
soring the screening.Adopt-A-Highway
pickup starts Saturday
The first Adopt-A-Highway pickup
across the Lower Peninsula will be April
23 to May 1. Volunteers pick up litter
three times each year. Statewide, there
will be a summer pickup July 16-24 and a
fall pickup Sept. 24-Oct. 2.
Adopt-A-Highway groups wear
high-visibility, yellow-green safety vestsNEWS NEWS
BRIEFSBRIEFS
VOLUME 168, No. 16 Thursday, April 21, 2022 PRICE $1.
THE
HASTINGS
Devoted to the Interests of Barry County Since 1856
See BRIEFS, page 5
Clerks get 2020 election FOIA from sheriff
Benjamin Simon
Staff Writer
Rebecca Pierce
Editor
Seventeen clerks in Barry County received
Freedom of Information requests from the
Barry County Sheriff’s Office seeking histor-
ical data files contained on the electronic
pollbook flash drive for all voting precincts in
the Nov. 3, 2020, general election, county
Clerk Pamela Palmer said.
Those FOIA letters cover all the townships
in the county and the city of Hastings, Palmer
said, noting that she also has received a
request from the sheriff’s office signed by
Mark Noteboom.
Sheriff Dar Leaf confirmed Tuesday that
he hired Noteboom about a month ago and
assigned him to renew efforts to investigate
fall 2020 election activity.
“We’re not after the clerks,” Leaf told The
Banner. “We don’t think they’ve done any-
thing wrong... but
they have information I need. That’s all
you need to know. Later on, when the report’s
done, we’ll be able to let people know.”
City of Hastings Clerk Jane Saurman said
she received two FOIA letters from Note-
boomrequesting “a copy of the historical data
files contained on the election pollbook flash
drive.”
The flash drive information holds qualified
voter information, Saurman said.
“It doesn’t even have any voter data on it,
like the results. It just has who asked for a
ballot. That’s all,” Saurman said.
But Saurman said the city does not have
the requested information.
According to state law, local municipalities
must clear the flash drive data within seven
days of the election. The only entity that
holds that data is the state, Saurman said.
“We have no idea, like honestly, what
they’re looking for,” she said. “We don’t have
a clue. But all of this information that they’re
asking for is housed at the state. So they’re
FOIA-ing the wrong people.”
At last week’s Hastings Charter Township
meeting, Clerk Anita Mennell expressed con-
cern to the township board about the request.
“You’ll notice in the first paragraph, it
says, ‘This is a criminal investigation,’ ”
Mennell said. “We talked it over with the
county clerk and some of the other clerks, and
we have been recommended to all contact our
lawyer. They are asking for information we
don’t have – we don’t even know what theyare asking for.
“Normally, I handle all this stuff, but when
they start throwing in things like ‘criminal
investigation,’ I just don’t feel comfortable
doing this on my own.”
“When they say ‘criminal investigation,’
they don’t say whose name is behind this
investigation,” Mennell added, saying the
township’s lawyer will be contacted to draft a
response to send to the sheriff’s department.
Palmer said the wording is different in
some of the letters that clerks received. Some
of the letters, for example, make no reference
to any criminal investigation.
Leaf said the variations were probably
because Noteboom was getting better at writ-
ing the FOIA letters.
The first FOIA letter addressed to Saurman
on April 2 incorrectly asked for information
in Leoni Township, near Jackson. When
Saurman said the city cannot fulfill the
request, Nobeboom sent another letter cor-
recting the error and referencing the City of
Hastings.
“My problem with this is that taxpayer
dollars are being used to foment something
that is illegitimate. And I don’t know that the
taxpayers know that this is what the county is
spending their money on,” Saurman said.Rutland Charter Township Clerk Robin
Hawthorne received a similar FOIA request
on March 30. Her letter asked for information
specifically related to the electronic poll
book, Qualified Voter File reports and a
“CVR,” although Hawthorne said they don’t
use anything with the acronym CVR at the
township.
In both letters, Noteboom asked for the
information free of charge.
“In the event that a fee shall be incurred for
either searching or the copying of these doc-
uments or records, please inform me of the
cost,” Notboom wrote to Saurman. “Howev-
er, if the cost exceeds $0.00, I would also like
to request a waiver of all fees as the disclo-
sure of the requested information is for my
own personal use and knowledge and/or in
the public interest and will contribute signifi-
cantly to the awareness and/or understanding
of the information contained within the afore-
mentioned document(s) and/or files. This
information is not being requested or sought
after for any commercial purposes.”
Hawthorne’s letter also mentioned a crimi-
nal investigation.Rutland says 'yes' to marijuana
Benjamin Simon
Staff Writer
Marijuana businesses are coming to Rut-
land Charter Township.
After nearly four years of preparation, the
township board passed two ordinances that
will permit various kinds of marijuana estab-
lishments in the township.
The ordinance, which will go into effect in
mid-May, will allow six different types of
medical and recreational marijuana busi-
nesses, limited by zoning districts, includinggrowers, processors, micro businesses, safe-
ty compliance facilities and retailers.
To open a marijuana establishment, a
property owner must receive approval from
the state before submitting a separate licens-
ing application to the township.
Both ordinances, one for zoning and one
for licensing, passed in a narrow 4-3 deci-
sion at last Wednesday’s regularly scheduled
meeting.
Supervisor Larry Watson, Clerk Robin
Hawthorne, Trustee Brenda Bellmore andTrustee Stacey Graham voted for the ordi-
nances, while Treasurer Sandy Greenfield,
Trustee Gene Hall and Trustee Sandy James
voted against.
Board members were split over whether to
move forward with the ordinances now or
wait a few months for possible additional
state and federal regulations.
The board first started discussing a mari-
juana ordinance in 2018. Since then, they
have flip-flopped over whether to mandate
distance between marijuana retail business-es.
Initially, the board decided against it, cit-
ing legal concerns. But after a special public
comment meeting on Jan. 19, where some
people argued in favor of a buffer, the board
decided to institute a 500-foot buffer between
marijuana businesses. Because the district is
permitting unlimited businesses, the board
implemented the buffer to keep marijuanaSee MARIJUANA, page 5
They wept for Grace
Lafey conviction is not the end of Maple Grove murder case
Rebecca Pierce
Editor
Accused murderer Andrew Lafey was
convicted Friday.
After four days of testimony, Barry Coun-
ty Judge Michael Schipper heard closing
arguments, recessed for 30 minutes, then
handed down a verdict: Guilty on all six
counts in the first-degree premeditated mur-
der and torture of 18-year-old Gracyn-Mi-
chael Kay-Candace Brickley of Ionia.Lafey, 22, is scheduled for a 9 a.m. June 9
sentencing.
His trial for the brutal murder he commit-
ted and videotaped on Feb. 16, 2021, is done.
But the case is far from over.
Barry County Prosecuting Attorney Julie
Nakfoor Pratt said at least four more suspects
are under investigation and may be charged
for crimes relating to Brickley’s death in
Maple Grove Township.
Dustin Stephens and Harold “Danny”
Butcher Jr., who were living in the house at
7519 Guy Road where the murder occurred,
and Sherlyn Randolf and Colleen Rice were
all called to testify during the Lafey trial.
And each of these witnesses was advised
by the judge prior to their testimony that they
had the right to remain silent and that any-
thing they said under oath could be used
against them.
A defense attorney was provided for them
and present in court while they were on the
stand.
Nakfoor Pratt declined to name any sus-
pects, but she did say that charges such as
aiding and abetting, conspiracy to commit
murder, accessory after the fact, tampering
with evidence and using a computer to com-
mit a crime are possibilities.
All these charges will be considered as
their investigation continues, she said.
During the trial last week, Stephens and
Butcher testified that they were in the Guy
Road house with Lafey and Brickley on the
night of the murder.
Several key pieces of evidence, such as
Brickley’s cellphone and backpack, disap-
peared that night and have never been recov-
ered. According to testimony, a stained shirt
worn by Stephens was burned; Randolf swal-
lowed the SIM (Subscriber Identity Module)
card from his phone; and the phone destroyed.
In his closing argument, Defense Attorney
James Kinney of Hastings pointed to these
facts.“It’s entirely possible that Dustin shot
Grace,” Kinney said. “Our contention is that
there is some reasonable doubt as to Mr.
Lafey’s guilt.”
Nakfoor Pratt responded to Kinney’s con-
tention: “Dustin is not a good guy. Dustin
will be dealt with. This is about Andy.”
Ultimately, the 12-minute video that Lafey
recorded of the murder and his admission to
Barry County Sheriff’s Office Detective Sgt.
Janette Maki that he killed Brickley are irre-
futable proof of his guilt, she said.
Initially, the case had been scheduled for a
trial by jury, as that is Lafey’s constitutional
right. But, at the last minute, Lafey chose a
bench trial.
That meant Judge Schipper became the
trier of fact and the determiner of whether
Lafey is guilty or not guilty.
As Schipper said Friday when he handeddown the verdict, the evidence presented
during the trial clearly proved Lafey’s guilt.
Testimony from several witnesses indicat-
ed that Lafey had talked openly and frequent-
ly about killing Brickley in the days leading
up to her death.
The motivation to kill her, Lafey told wit-
nesses, was his claim that she had given him
a sexually transmitted disease.
Later, he showed witnesses the video.
Some said he even seemed proud of it.
Testimony from police experts, who
extracted the information from Lafey’s cell-
phone, indicated that Google searches made
four days before the murder looked for best
methods to torture and kill a victim.
“That’s premeditation,” the judge said.See GRACE, page 5
Defendant Andrew Lafey, 22, of
Nashville, stands to hear the verdict
Friday. He is facing mandatory life in pris-
on without parole when he's sentenced
June 9.Police found the 18-year-old's broken body covered with snow in a wooded area
behind the house where Andrew Lafey had been living in Maple Grove Township. This
aerial view of the scene was provided by police as an exhibit during the trial.See FOIA, page 5