Charges against ex-prosecutor Gorcyca reinstated

Mike Martindale / The Detroit News

Detroit -- A state attorney discipline board has reinstated professional misconduct charges against former Oakland County Prosecutor David Gorcyca over alleged prejudicial remarks made in a case concerning an Oak Park kindergarten teacher charged with sexually assaulting two students.

A three-lawyer panel dismissed the misconduct charges earlier this year on a 2-1 vote, based on a legal motion filed by Gorcyca's attorney, David DuMouchel.

After James Norman Perry was convicted by jury of raping two children, Gorcyca allegedly described him as a "freak" to a newspaper editor and a "pedophile" in a radio interview. Those comments came as Perry's attorneys sought a new trial and raised concerns the remarks might prejudice a jury. Gorcyca also issued a news release that questioned why Perry wouldn't take a polygraph test.

The initial misconduct charges against Gorcyca were dismissed Nov. 28 after DuMouchel argued any comments made came before a new trial was ordered and months before it began. A second jury in the Perry case subsequently was deadlocked, and the charges were dropped against Perry.

"We've never had an evidentiary hearing on the facts," said Patrick McGlinn, an attorney with the Attorney Grievance Commission, which appealed the three-attorney panel decision on Gorcyca. "This simply means we will have the opportunity to question him."

DuMouchel concurred: "I liked the panel's decision more. This doesn't mean David has done anything wrong. It means we will have a full hearing."

The same three attorneys will hear the matter, McGlinn said. If a finding of professional misconduct is determined, it can carry a wide range of sanctions, even disbarment from practicing law.

mmartindale@detnews.com (248) 338-0319