TRAVERSE CITY -- Benzie County Prosecutor Anthony Cicchelli won't face criminal charges for fixing his stepson's speeding ticket.
Cicchelli in March told Benzie Magistrate Hope Cicansky to dismiss a speeding ticket issued to his stepson by Michigan State Police trooper Rick Doehring.
Doehring later reported Cicchelli's order to dismiss the ticket to his superiors at the Traverse City post.
Officials at state police 7th district headquarters, who found out about the incident after a Record-Eagle reporter's inquiry, consulted with officials at the Traverse City post and determined Cicchelli didn't break the law.
"Since we got the notice and followed up on it a little bit, there was nothing of criminal (nature)," state police 7th district commander Capt. Tim Rod said.
Rod also determined there were no policy violations within his department in reporting the incident, he said. Traverse City Post Commander Lt. William Elliott didn't inform Rod of the ticket incident, but he wasn't required to do so, Rod said.
"It was within his purview to deal with, and I would expect him to deal with it at that level," Rod said.
Cicchelli wouldn't comment Wednesday, his office administrator said.
Cicchelli's stepson, Larry Marshall Hoffman, 21, previously received a warning letter from the Secretary of State because of a poor driving record. He received speeding tickets in September 2005 and September 2006, and in June 2007 he was ticketed for disobeying a traffic signal.
Cicchelli had prior problems with ticket-fixing. In 2005 he pleaded no contest to a complaint that he made "negligently inaccurate statements" to a magistrate and state police investigator stemming from a 2002 ticket fixing case. He had a ticket dismissed for a friend, then made false statements to a magistrate and police who probed the incident.
An Attorney Discipline Board panel eventually found Cicchelli committed professional misconduct, and he was ordered to serve 40 hours of community service and attend a "professional enhancement workshop."
Rod said state police won't refer the recent incident to the Michigan Attorney Grievance Commission or any other outside agency.
Cicchelli, who seeks his fourth term this year, ran unopposed for prosecutor in 2004 and 2000, and defeated incumbent prosecutor O. Paul Schendel in the 1996 primary. He ran unopposed in the 1996 general election.
Beulah attorney John B. Daugherty this week filed to run for prosecutor as a Republican, and Lake Ann attorney Michael Lawrence Smith filed as a Democrat. They were the only challengers as of the Tuesday filing deadline.
Daugherty, an East Lansing native and graduate of the Thomas M. Cooley Law School in Lansing, has practiced law for about 19 years. He's lived in Benzie County for about 13 years and said he's considered a run for prosecutor for some time.
"Basically, we need a change," Daugherty, 46, said. "We need to have a prosecutor's office that's an example to the community and something we can have pride in."
Smith, a Traverse City native who has practiced law for 20 years, echoed Daugherty's sentiments.
"I decided it was probably time for a change," he said. "I think there could be some improvements."
Smith, 47, is a graduate of Wayne State University's law school and logged two years as an assistant prosecutor in Branch County after law school.
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