Attorneys say Sharon Moore should drop charges

Sherrone Moore's attorney says information from police and a private attorney should lead to the ex-Michigan football coach's acquittal.

Sherrone Moore faces charges based on 'inaccurate' information, lawyer says

An attorney representing a woman who had an affair with Sherrone Moore lied when she called 911 — providing false information in an attempt to increase the woman's chances of receiving a large payout from the University of Michigan — Moore's attorney alleges in a new filing.

Police should have known that many of the allegations by Heidi Sharp's attorney, including that Moore had a history of domestic violence and stalking her client for months, were false, Ellen K. Michaels said in the latest motion in the case Thursday, Jan. 22.

“While Sherrone Moore was inside her apartment, the alleged complainant in this case did not call 911 for assistance,” the motion states."Instead, she called her lawyer. That decision influenced everything that followed."

"Before the law enforcement spoke to [the woman], before the police saw the event and gathered information ... this case was not based on the facts, but with his administrative style designed to undermine Mr. Moore and increase the possibility of a large settlement from the deep pockets of the University of Michigan."

This claim forms the basis of a motion to vacate Moore's arrest warrant.If the judge agrees, the motion could kill the case against Moore.Michaels asked the court to dismiss the charges with prejudice.This means the charges cannot be brought again.

Moore's attorney announced to reporters Wednesday that his client is innocent and that "the truth will come out" after his probable cause hearing in 14A District Court in Washtenaw County.

Along with the filing, Michaels asked District Judge J.Cedric Simpson to hold a special "Franks hearing".The hearing is designed to determine whether police in the case "knowingly or recklessly included false statements or omitted material facts in the warrant application, and whether the false statements or omissions were necessary to obtain probable cause."

Moore was arrested Dec. 10 — the same day he was fired from the school after finding "credible evidence" of an "inappropriate relationship" with staff, according to a termination letter obtained by the school through a Freedom of Information Act filing.Two days after his arrest, Moore was charged with third-degree domestic violence, criminal trespass and criminal trespass and disorderly conduct.go

The Free Press generally does not identify individuals described as domestic crime victims without their consent.

According to police and court documents, Moore entered the victim's home, grabbed a butter knife and scissors and threatened to harm himself. He said, "I'm going to kill myself, I'm going to let you watch. My blood is on your hands," First Deputy Prosecutor Kati Rezmierski said during her court hearing.

Moore's lawyer has never denied that an affair took place.Instead, his filing calls it a "consensual relationship" because conflicting statements from police and the woman's attorney are misleading and don't tell the whole story.

"Inaccurate and misleading information"

Michaels specifically attacks two people in her lawsuit: Sharp, the private attorney for the woman who had a two-year relationship with Moore, and Detective Jessica Welker of the Pittsfield Township Police Department.

After Moore arrived at the client's residence, Sharp called the police on his client's behalf, providing statements that Mitchell had falsified about Michael.Welken presented this evidence at a hearing before a Westenau County judge that ultimately led to the charges Moore now faces.

Sharp and Chief Patrick Group's Pittlefield division did not respond to the applicant's requests for the intent of the cell phones, mailboxes and notices.

Sharp told police that Moore had a "long history of domestic violence" against her client and had been stalking her "for months."Michaels said that both statements were false, and that comments from Sharp and the woman were undermining those allegations that eventually made police arguments presented to a judge.

Police spoke to the woman: Welker cited her comments in his deposition testimony against Moore, and Michaels does not deny those interviews.

Instead, he argued that Welker intentionally withheld information from the woman that would have helped Moore and harmed the plaintiff's case.

"Detective Welker knowingly and intentionally, or with reckless disregard for the truth, omitted relevant and damaging testimony," Michaels wrote in his motion.

"Absent Detective Welker's inaccurate and misleading information and clear material omissions, there was no basis upon which a neutral and impartial judge could find grounds to indict and arrest Sharon Moore."

- Michaels says Sharpe called the University of Michigan's general counsel before calling the police, which undermines the woman's belief that Moore was dangerous.

- Michaels says Sharp told police "historical facts don't meet our burden of proof of abuse."Moore's attorney did not say where he got that statement;does not appear in Welker's comments used to impeach Moore.

- According to Michaels, Welker also "knows that Mr. Moore has no criminal history and no history of violence."

- Michaels says Welker failed to tell jurors that the woman worked for Moore in a position that required frequent communication.Michaels alleges that Moore sent the messages at work, which police used to defend the stalking charge, specifically to help the football team prepare for the Citrus Bowl in late December.

- Citing comments Michaels said the woman made to police, Moore's attorney says the woman "repeatedly told police that Mr. Moore did not physically attack her. She stated that his actions were directed at himself and reflected an emotional crisis involving self-harm."Michaels said Welker ignored this, instead including "Sharp's unsupported lies."

- The woman allegedly told police that she and Moore had a "consensual relationship" until two days before Moore's shooting, Michaels said.He argued that this undermined the suggestion that Moore had been stalking the woman for a month.

- Michaels said Welker did not mention the woman's comments about Moore's previous visits to his residence."When Mr. Moore said he was coming, when she said she didn't want to talk to him, she responded with 'whatever,'" the woman reportedly told police in the past.

Because of these facts, Michaels wants Simpson to dismiss the charge "with prejudice."

"The narrative that led to this case was never about the truth. It spins a consensual work relationship into a false story of harassment and danger to manufacture leverage to obtain a large settlement from the University of Michigan. The Constitution does not allow a person's liberties to rest on that foundation," the document states.

Simpson gave Washtenaw County prosecutors until Feb. 2 to respond to the motion and scheduled a hearing for Feb. 17.

A spokeswoman for Washtenaw County Prosecutor Eli Savitt did not immediately respond Thursday to a request for comment on Michaels' motion and statements.

Reach Dave Boucher at dboucher@freepress.com.