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Ian Elliott back in court this week for sentence reconsideration

Defense submits motion to withdraw plea, vacate sentence

Ian Elliott walks into the court room for his sentencing Aug. 2 at the Isabella County Trial Court.

Defense attorneys for former Central Michigan University student Ian Elliott have filed a motion to vacate Elliott's plea on a third-degree Criminal Sexual Conduct charge after an internal investigation by the Michigan Attorney General's office found wrongdoing by the prosecutor who handled the case.

Attorney Joe Barberi filed the motion Jan. 10 asking to withdraw Elliott's no contest plea on one count of third-degree Criminal Sexual Conduct and vacate his 366-day prison sentence.

Elliott will appear in Isabella County Trial Court at 3 p.m. Friday, Jan. 17. He is also expected to enter a no contest plea to a reduced charge of fourth-degree criminal sexual conduct. Judge Eric. R. Janes will decide whether to grant the motion.

Elliott, former CMU Student Government Association president, pleaded no contest to one count of third-degree CSC on Aug. 2. He was sentenced to serve one year and one day in prison, and is serving his sentence in St. Louis Correctional Facility. As part of the agreement, Elliott was required to register as a sex offender in Michigan for the rest of his life.

The case was prosecuted by former Assistant Attorney General Brian Kolodziej, who resigned in September after it was discovered that he had an inappropriate relationship with a victim in Elliott’s criminal sexual assault case. After Attorney General Dana Nessel led a two-month internal investigation into Kolodziej's wrongdoing, she agreed not to contest Elliott's motion to withdraw his plea.

As part of the agreement between Nessel and Elliott's defense attorneys, Elliott will enter a no contest plea to a reduced charge of fourth-degree criminal sexual conduct if the court grants his motion. 

Barberi told Central Michigan Life he is "cautiously optimistic" the motion will be granted by the court. The defense attorney said he will speak more after Friday's hearing about his previous conversations with Nessel regarding Kolodziej's investigation. 

Kolodziej's conduct is being investigated by Michigan State Police.