Judge In Michigan Rapist Custody Case Was Not Aware Of Sex Assaults

BROWN CITY, MI —The judge who awarded custody to the father of a child born to a girl he raped says he was not aware the child resulted from a sexual assault. In a statement, a court administrator said that prosecutors had an obligation to inform Sanilac Probate Judge Gregory Ross of the dad's convictions, according to a media report.

Ross, who has been widely criticized for granting joint custody of an 8-year-old boy to Christopher Mirasolo, 27, of Brown City, has since stayed his original order and scheduled another hearing in the case for next Tuesday, Oct. 17. The boy involved in the custody dispute was born to a girl who Mirasolo allegedly raped as a 12-year-old and is now 21.

The case has drawn national attention and outrage.

Rebecca Kiesslin, a lawyer representing the mother, says if Mirsalo had been properly charged and convicted on the sexual assault on her client, he would still be behind bars. Instead, Mirasolo served only six-and-a-half months in a county jail. The girl and her family were told the plea deal was offered.

More: Rapist Gets Joint Custody of Child Fathered In Attack: Judge

After Mirasolo was out of jail, he raped another woman, served four years in prison, according to “The Steve Gruber Show,” a Lansing-area radio program that initially reported the judge’s decision. (For more Michigan news, sign up for real-time news alerts and free morning newsletters from your local Michigan Patch. If you have an iPhone, click here to get the free Patch iPhone app.)

John Nevin, from the Michigan office that administers the courts, said that Ross was not properly informed in the case, according to a report in the Detroit News.

“There might have not been concerns because she (victim) had consented to a paternity questionnaire and named him as the father,” Nevin said Wednesday. “If no one is questioning who the parents are, then there may not have been concerns that anything was in dispute.

“But (the prosecutor’s office) absolutely had an obligation to provide the judge with information about the father’s convictions, no question,” said Nevin, who said he has talked with Ross.

Ross granted Mirasolo joint legal custody and visitation after a DNA test established he had fathered the child. The DNA test was ordered after county officials in Florida, where the mother now lives with her 8-year-old son, surveyed family assistance recipients about what kind of child support they receive. The mother has said she has been receiving about $260 a month in food stamps, as well as health insurance for her son.

Most states, including Michigan, have laws that void rapists’ parental rights. Five states — Wyoming, North Dakota, Minnesota, Alabama and Maryland — have no laws, according to the National Conference of State Legislatures.

Photo credit: Michigan Department of Corrections