Former Fabius Township supervisor heads to trial in 2010 sexual assault allegation

Sarah Leach, Sturgis Journal
·2 min read
Closeup of gavel in courtroom

FABIUS TWP. — The former township supervisor of a St. Joseph County municipality will head to trial on allegations he sexually assaulted a woman 12 years ago.

Kenneth Dwyane Linn, of Three Rivers, was charged with four counts of first degree criminal sexual conduct on Oct. 26, Michigan Attorney General Dana Nessel and Kalamazoo County Prosecutor Jeff Getting announced.

This week, Judge Tiffany Ankley of the 8th District Court heard more than five hours of testimony from multiple people including the victim and a witness who was with the victim prior to the sexual assault. Afterward, she bound the case over to circuit court for trial.

More:Fabius Township supervisor accused of sexually assaulting woman after golf outing

Linn, 57, is accused of assaulting the female victim while she was physically incapacitated and unable to give consent following an August 2010 golf outing at Sauganash Golf Course in Kalamazoo County. The victim, who was physically injured from the assault, sought medical treatment the next day and a rape kit was performed.

The court found probable cause that Linn committed four types of sexual assault, and that Linn knew or should have known that the victim was physically helpless due to extreme intoxication and unable to give consent. The court also found probable cause that the victim suffered physical injury and mental anguish that was still apparent in court as a result of being sexually assaulted. The case will now be assigned to a 9th Circuit Court judge. First degree sexual assault is a felony that is punishable by up to life in prison.

The victim’s sexual assault kit (SAK) was not submitted to the Michigan State Police Forensics Lab until December 2014. It was ultimately returned to the Portage Police Department untested in late January 2015.

In 2016, as part of the statewide Sexual Assault Kit (SAK) testing initiative, the Portage Police Department submitted the victim’s SAK to Sorenson Forensics Lab in Salt Lake, Utah, for DNA testing. In October 2021, Kalamazoo SAKI received approval from the MSP Forensics Lab to resubmit the victim’s SAK for further testing. The results of that analysis led to charges filed against Linn.

In a special meeting on Nov. 4, Fabius Township’s board accepted Linn's resignation, and appointed planning commission vice chair Dan Wilkins to fill out the final two years of Linn’s term.

Township board members have not commented on Linn, the charges or the allegations during the meeting, according to Three Rivers Commercial News.

Since 2013, the Michigan Legislature has appropriated funds to the attorney general’s office for the purpose of investigating and prosecuting cases that arise from previously untested sexual assault kits. For fiscal year 2023, the legislature again appropriated money to provide funding to SAKI projects in Kalamazoo, Calhoun, Ingham, Jackson, Washtenaw and Wayne counties.

This article originally appeared on Sturgis Journal: Former Fabius Township supervisor heads to trial in 2010 sexual assault allegation