RICHMOND, Mich. (WWJ) – A brief jail sentence for the police chief of Richmond, Michigan, has been vacated.
Thursday morning Richmond Police Chief Thomas Costello was sentenced to five days in jail for allegedly improperly using a law enforcement information system.
But hours later New Baltimore District Court Judge William Hackel III vacated the sentence and recused himself from the case after an emergency hearing requested by the defense council, according to the Macomb County Prosecutor’s Office.
Prosecutors alleged Costello intentionally used LEIN — Michigan's computer network for law enforcement officers — to retrieve private information without probable cause. He had pleaded guilty to a 93-day misdemeanor charge of LEIN Information - Unauthorized Disclosure
Authorities have not disclosed exactly what Costello had been searching for in the LEIN system, or for what purpose.
Late Thursday afternoon Hackel heard an emergency motion submitted by defense counsel Art Weiss, during which Assistant Prosecutor and Chief of District Courts Kumar Palepu said, “case law requires that the defendant is given an opportunity to withdraw his plea if a Judge does not abide by the sentencing agreement or seeks to set additional terms.”
The Macomb Daily had reported earlier in the day that Costello was expecting to receive a sentence of one year probation. But Hackel reportedly believed prosecutors and Costello’s defense team were not taking the matter seriously enough, noting the chief had failed to apologize for what he had done.
After saying Thursday morning the misuse of LEIN is a “betrayal of the public trust and undermines the very principles of justice,” Macomb County Prosecutor Pete Lucido issued another statement Thursday afternoon.
“In the pursuit of justice and fundamental fairness, the law allows for a defendant to withdraw a plea when there is a plea agreement and additional term(s) are added to the sentence. This is a testament to the integrity of our judicial system,” Lucido’s statement said.
Costello was placed on a temporary leave after the charge was filed over a year ago, but has been back on the job for some time. He was still listed on the City of Richmond's website as the current police chief as of Thursday afternoon.
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