CSC trial delayed due to appointing new attorney.

September 5, 2017

Ryan Herrera

CSC trial delayed due to appointing new attorney.

#MasonCountyCourtNews

By Allison Scarbrough. Editor.

LUDINGTON — The criminal sexual conduct (CSC) trial against Ryan Lee Herrera, 35, of 3376 N. Custer Rd., Sherman Township, scheduled for later this month will likely be delayed due to Herrera seeking a new court-appointed attorney.

Herrera, who faces life without parole if convicted, asked Judge Susan K. Sniegowski to be appointed a new attorney instead of his current attorney, David Glancy.

“I don’t think he’s a bad attorney, but he’s not giving me enough time,” Herrera told the judge. Herrera said Glancy has a conflict of interest due to previously representing others involved in his case.

Sniegowski granted Herrera’s motion, stating that there are direct family members Glancy previously represented who may be witnesses in the trial.

The judge warned Herrera that finding a new attorney will delay his case and that most likely his trial will be moved to a later date.

“This is a very, very serious case,” said Mason County Prosecutor Paul Spaniola. “Mr. Herrera is facing life without parole due to his previous record.”

The judge told Herrera he will not be able to seek another attorney after this. “Whoever is appointed is the last appointed counsel we will give you,” Sniegowski said.

Herrera faces felony charges of second-offense first-degree criminal sexual conduct (victim under 13), first-degree criminal sexual conduct (during a felony), possession of child sexually-abusive material, delivery of marijuana, maintaining a drug house, and accosting a child for immoral purposes in one file. In another court file, Herrera is charged with second-offense accosting a child for immoral purposes. There are two separate victims, said Spaniola.

The prosecutor previously offered a plea deal in which Herrera could plead guilty to two counts of first-degree CSC and second-offense accosting a child for immoral purposes. His minimum sentence would have been within the guidelines of 171-356 months, which is 14.25 to 29.7 years. Spaniola said the maximum prison term was 70 years. In the other file, Herrera would have pleaded guilty to second-offense accosting a child for immoral purposes with a six-year maximum prison term. The two terms would have run concurrently.

Herrera rejected the offer.

A first-degree CSC conviction requires a 25-year mandatory minimum and lifetime mandatory electronic monitoring.

Herrera remains lodged in the Mason County Jail on a $500,000 cash/surety bond.

A new trial date has not yet been scheduled.

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