Tuesday, November 18, 2025

‘A second bite at the apple’

Montcalm County judge denies defense’s double jeopardy motion to bar retrial after mistrial

In a rare double jeopardy argument in Montcalm County court, a judge ruled that the concept did not apply to the defense’s request that a man be barred from being retried after his first trial ended in a mistrial. Michael David Cook, 55, of Stanton is charged with first-degree criminal sexual conduct causing injury and unlawful imprisonment/kidnapping stemming from an alleged event this past March in Sidney Township. Cook’s first trial ended in a mistrial on Oct. 28 after the Montcalm County Prosecutor’s Office and the Michigan State Police Lakeview Post failed to provide hours of video evidence of the alleged victim being interviewed.

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