Coopersville man accused of assaulting step-granddaughter granted new trial
OTTAWA COUNTY — A man convicted of first-degree criminal sexual conduct and second-degree criminal sexual conduct involving a minor under the age of 13 has been granted a new trial by the Michigan Court of Appeals.
In a decision July 27, the court found Stephen Chesla, of Coopersville, was denied effective assistance by his attorney when he failed to redact a statement made by a detective that may have swayed the jury.
Chesla was accused in 2020 by his step-granddaughter of sexual assault. She said, while she slept alone in her grandmother’s room one night, Chesla entered the room and touched her inappropriately for more than half an hour.
The girl, who the court refers to as KK, said this occurred more than once about 4-5 years ago. She didn't report it until February 2020, when she told her stepmother.
Chesla’s recollection differed from KK’s. He told police he went into KK’s room one night and “pulled her pajamas down, not even far enough to expose anything, not even touching her body whatsoever, and then thought, 'You f****** idiot, what are you doing?' And then I pulled them back up, and that was it.”
KK’s grandmother testified Chesla admitted to her he'd pulled KK’s pants down to her mid-thigh before stopping himself.
Chesla faced a jury in July 2021, at which time was found guilty. During the trial, an unredacted recording of his interview with police was played. During the interview, a detective stated children cannot lie about sexual assault and they knew KK wasn't lying.
Chesla was sentenced to 25-40 years for the first charge and 10-15 years for the second charge, according to court records.
After the trial, Chesla requested a Ginther hearing, an evidentiary hearing granted when a defendant claims they received ineffective legal representation.
The request for a new trial was denied at first. Chesla’s attorney was asked why he didn’t request the interview be redacted and he said he didn’t think he could, since Chesla’s statements were given voluntarily.
On appeal, Chesla again claimed his representation was ineffective.
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The opinion from the Michigan Court of Appeals finds the detective “improperly bolstered” KK’s testimony. Even though she wasn’t testifying at the time, the opinion argues it's possible this statement from a figure of authority helped sway the jury in KK's favor.
A new trial has yet to be scheduled.
— Contact reporter Tess Ware at tware@hollandsentinel.com. Follow her on Twitter @tess_journalist.
This article originally appeared on Livingston Daily: Coopersville man accused of assaulting step-granddaughter granted new trial
