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Assistant prosecutor Kennan
DeWitt could face criminal sexual conduct or misconduct in office charges for
relationship with Montrose embezzler Dana Bacon

Posted by Ron Fonger | The Flint Journal July 14, 2008 21:04PM
MONTROSE, Michigan --
Police and prosecutors won't try to take away convicted embezzler Dana L. Bacon's work release privileges because of what they call an inappropriate relationship between her and the prosecutor who tried to meet her at a Motel 6 on Friday.
For a change, it's Bacon -- perhaps the Montrose area's most notorious citizen -- who's being treated by the system as a victim who was pursued for sex.
"To me, this is all on him," county Prosecutor David Leyton said of Kennan M. DeWitt, 46, an assistant in his office. "He showed unbelievably bad judgment."
Through his attorney, DeWitt has denied wrongdoing in the case being investigated by Sheriff Robert Pickell, saying he was trying to help counsel Bacon when he showed up for what he thought was a meeting at the Flint Township hotel.
Instead, DeWitt found police investigators, who had sent him a text message using Bacon's phone to see if he would show. The relationship between Bacon and DeWitt was discovered just last week when a sheriff's deputy saw the pair talking at a site where Bacon was painting as part of her work release.
Pickell continued his investigation Monday, and among the developments:
• The sheriff said a search warrant was granted from a Lapeer County judge, clearing the way for investigators search the cellular phones of DeWitt and Bacon for phone messages and text messages.
• There were no moves by Pickell, Leyton, probation officers or Circuit Court Judge Geoffrey L. Neithercut to revoke Bacon's work release. Bacon had been granted work release to help pay back $1.2 million she admitted to having embezzled from the Montrose School District.
• Lapeer County Prosecutor Byron Konschuh said he was just getting involved in the case Monday but said it could involve misconduct in office or criminal sexual conduct charges.
Frank Manley, DeWitt's attorney, said his client denies having had any sexual contact with Bacon.
DeWitt lead the prosecution of Bacon, 44, when she pleaded guilty to 10 felony counts related to the embezzlement in 2007 and was sentenced to one year in jail.
Attorneys involved in Bacon's the case said her sentence reflected an agreement between Bacon and the court -- and was not the result of any negotiation by DeWitt.
But Pickell said DeWitt went on to carry on a seven-month relationship with Bacon, seeing her while she was on work release, exchanging phone calls and text messages, and culminating in Friday's hotel room meeting.
Pickell said Bacon told investigators "she felt like a hostage" in dealing with the man who sent her to jail and could have pursued changes in conditions of her jail time, but Manley said Bacon was asking DeWitt for help, claiming she was being harassed, was suicidal and didn't have the medication she needed to cope with life in jail.
Manley said it was police who set up the hotel meeting -- not DeWitt.
"What was he supposed to do -- let her kill herself or tell her he would only help her if she ran across the street ... ?" Manley asked.
Pickell said DeWitt's motives were less pure.
"I'm hard pressed to believe a licensed social worker would send romantic e-mails to the person he's counseling," Pickell said.
Manley said Friday that DeWitt was a licensed social worker with a history of helping people.
According to the Michigan Department of Community Health, DeWitt has an educational limited counseling license, which could become a full license after acquiring 3,000 hours of supervised post-degree experience. He cannot practice independently or advertise himself as a professional counselor, said DCH spokesman James McCurtis Jr.
Bacon, the former payroll-benefits supervisor for Montrose schools, is still a topic of conversation in the little city in the northern edge of the county.
The district filed a civil lawsuit against Bacon, which is pending, said Superintendent Mark R. Kleinhans, in an effort to recover as much of the stolen money as possible.
Authorities alleged she used the money on vacations around the world and on purchases including a golden flute.
"The community was pretty upset because she took money away from the kids," said Montrose Mayor Eldon L. Dunklee. "Everybody in town knew her pretty well ... They all trusted her."
Dunklee wrote a letter to Neithercut last year, urging him to allow Bacon out on work release so that some of the money could be recovered.
About $8,000 has been collected so far, officials have said.
Leyton said DeWitt would remain on unpaid leave from his job while the case is investigated.
Leyton called it "a gross breach of judgment" for his assistant to continue to have contact with Bacon after having prosecuted her.
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© 2008 Flint Journal. Used with permission
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