Motions Filed in Derek Bailey Case

Traverse City defense attorney Craig Elhart filed motions this week on behalf of Grand Traverse Band of Ottawa and Chippewa Indians Tribal Councilor Derek Bailey seeking to consolidate hearings for the two alleged underage victims of Bailey's. Bailey – who is being held without bond in Leelanau County Jail – faces five charges of criminal sexual conduct involving the female minors. Separate trial dates were recently scheduled for the cases at the end of August.

According to documents filed with the court, Elhart is also seeking victim therapy records and possible electronic evidence that may have been stored on devices owned by Bailey. In his motions, Elhart notes that one of the victims had previously been having difficulty at school, ran away from home and attempted to overdose on prescription medication. She then attended counseling for a year and a half from 2012-13, a period of time that overlapped with the alleged abuse, according to Elhart. Bailey arranged for the counseling and drove the girl to and from her appointments.

Noting that the counselor would have been required to report any disclosed instances of abuse and that Bailey maintains his innocence, Elhart said the therapy records “may indicate other potential issues going on in the alleged victim’s life” and that “there may exist alternate reasons for the alleged victim to have come forward with the allegations of sexual abuse.” He continues: “Should (Bailey) be able to prove a possible motive for the alleged victim to have lodged the serious claims which she has, this would be critical to his defense…the contents of these counseling sessions may very well go a long way towards proving (Bailey’s) innocence in this case.”

In response to “a litany of electronic devices” seized as part of the investigation against Bailey and the claims from the victims that Bailey recorded sexual encounters with them, Elhart moved for Leelanau County Prosecuting Attorney Joseph Hubbell to turn over any potential evidence recovered from the devices. Though the devices were seized on May 4, Hubbell’s office has yet to release any of its findings.

Judge Philip Rodgers is scheduled to review Elhart’s motions on July 27 at 11am in 13th Circuit Court.