The Associated Press
KOKOMO, Ind. (AP) - In an unusual step, Howard County Prosecutor James Fleming is soliciting public opinion on a recommended sentence for a former police captain convicted of forgery and theft.
Fleming has received more than 50 responses regarding punishment for Michael Holsapple, who pleaded guilty in August to five Class C felony counts of forgery and one Class D felony count of theft. He is to be sentenced Thursday by Circuit Court Judge Lynn Murray.
“People often want to express their opinions when it involves people known in the community. I appreciate the fact people have taken the time to call and express their opinions,” Fleming said.
Fleming would not reveal what people have told him about the punishment for Holsapple, a 25-year veteran of the Kokomo Police Department who admitted forging the signatures of fellow members of the county Drug Task Force, which he ran for eight years.
The forgery charges each carry penalties of two to eight years in prison and a fine up to $10,000. The theft charge carries a sentence of six months to three years.
“We have our own thoughts on what happens in this case, but we’re always open for opinions,” Fleming said.
Holsapple’s attorney, Charles Scruggs, said his client does not deserve jail time.
“I certainly don’t think Mike should be locked up. He’s agreed to pay the money back,” Scruggs said
The convictions will not cause Holsapple to lose his police pension because he had retired from the force.
The only other time Fleming solicited public opinion in the punishment phase of a case involved former Sheriff Jerry Marr.
Marr was indicted in 2001 for using more than $1,500 in commissary funds to remodel his home. Marr resigned as a result, pleading guilty to one count of official misconduct. He was sentenced to 75 days of in-home detention and ordered to pay restitution.
Holsapple is the sixth Kokomo police officer in the last four years to end his career because of criminal allegations.
They include three officers who were convicted in federal court of civil rights violations by hitting a prisoner while in custody. One of the three, Desmond Christian, was convicted after a 2002 trial and sentenced to 33 months in prison. The other two pleaded guilty and were sentenced to one year probation and community service.