Monday, October 4, 2010

Prosecutor Andrew Shirvell Confuses Stalking with Free Speech

Everyone seems to be hiding behind the First Amendment these days, like it shields them from all other allegations. The First Amendment covers freedom of speech, but nowhere does it say that all other transgressions are forgiven as long as they're done in the guise of "free speech."

It's pretty upsetting when the Michigan Assistant Attorney General, a prosecutor, doesn't understand the very laws he has pledged to uphold. How can Andrew Shirvell practice law if he doesn't even know the law?

What is Stalking?


Michigan state defines stalking as:
… a willful course of conduct[1] involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed[2], or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Michigan Penal Code MCLA750.411 h
  1. In this definition, "willful course of conduct" refers to a pattern of behavior made up of a series of two or more separate and noncontinuous acts which share the same purpose.
  2. The term "harassed" is defined as repeated or continuing unconsented contact directed toward a victim resulting in emotional distress.

Under these laws, assailants could be charged with stalking for repeatedly:

  • Following or appearing within the sight of the targeted victim.
  • Approaching or confronting the targeted victim in a public or private place.
  • Appearing at the workplace or residence of the targeted victim.
  • Entering or remaining on the targeted victim's property.
  • Contacting the targeted victim by telephone.
  • Sending mail or electronic mail to the targeted victim.

Stalking (without aggravating circumstances) is punishable by up to one year imprisonment, or up to $1,000 in fines, or both.

This information is from a Michigan pamphlet on Anti-Stalking Laws that can be found on Michigan.gov: Stalking: Understand your rights [pdf]. Much of what's above is verbatim so as to avoid confusion.

Andrew Shirvell's Behavior Compared to a Stalker's


Following or appearing within the sight of the targeted victim.
  • Since April 2010, Shirvell has been following Christopher Armstrong around U-M's campus and Ann Arbor.
  • On several separate occasions, Shirvell followed Armstrong’s friends throughout Ann Arbor, hoping to come across Armstrong.
Approaching or confronting the targeted victim in a public or private place.
  • In May, Shirvell attended a counter-protest rally at the University of Michigan, heckled Armstrong after his speech, and followed Armstrong wherever he went.
  • In June, Shirvell talked to two of Armstrong's friends, Brad and Mical, outside of a nightclub. Shirvell told Mical he knew where she lived and threatened to show up at her house when she had a party in the next week or so.
  • In August, Shirvell went to a Michigan Student Assembly meeting, called Armstrong a racist, and demanded that he resign.
Appearing at the workplace or residence of the targeted victim.
  • Shirvell has been seen taking photographs outside Armstrong's house.
  • Andrew Shirvell posted flyers around the U-M campus, including the MSA Office door (where Armstrong works) and in other restricted areas of the campus.
  • On September 4, Shirvell showed up at 1:30 am at a house party Armstrong was holding.
  • On September 6, Armstrong asked for an escort from the University of Michigan’s Department of Public Safety after Shirvell showed up at Armstrong’s Ann Arbor home.
  • During a gay-support event that Armstrong helped put together, Shirvell engaged participants and defamed Armstrong's character. He stayed for the entirety of the event.
  • Later that same day, Shirvell showed up at another event Armstrong was working on. The Department of Public Safety asked him to leave the event since it was closed for U-M students. Later, Armstrong was informed that Shirvell showed up at his house again.
Contacting the targeted victim by telephone.
  • Shirvell called Speaker of the House Nancy Pelosi's office twice over the summer after Armstrong got an internship there.
  • Shirvell continued to call Nancy Pelosi's office, on multiple occasions, but his calls were denied.
Sending mail or electronic mail to the targeted victim.
  • Shirvell created a Facebook group, "U of M Alumni and others Against Chris Armstrong and His Radical MSA Agenda." The group violated Facebook policies and was taken down.
  • Shirvell created a blog, "Chris Armstrong Watch," which contains the same libelous hate-speech as the defunct Facebook group.
  • Shirvell contacted one of Armstrong's friends via email to advertise his blog.

Shirvell also stalked Armstrong online. He watched Armstrong and Armstrong's friends and family on Facebook. He got access to Armstrong's information even after Armstrong made his Facebook page friends-only.

In addition, Shirvell obtained information that Armstrong only told his friends and never posted online.

Assistant AG Andrew Shirvell Acts Like a Stalker


Diane Brown, spokeswoman for the U-M Police, said Shirvell was issued a trespass warning on September 14. This means Shirvell is banned from the University of Michigan campus. Brown issued this trespass order because the U-M police had received a complaint "about him being a possible suspect in harassing or stalking behavior." Shirvell is appealing the order.

Chris Armstrong has submitted an application for a restraining order against Andrew Shirvell.

In his application, Armstrong says, "The actions that Mr. Shirvell has taken against me over the past 4 months have been incredibly distressing. His actions are concerning and make me feel unsure about my own safety." He goes on to say that it has "been incredibly hurtful and distressing to see his [Shirvell's] actions … His actions … have been an outright attack on my ability to live my life openly…."

Going by the information present in this post, the state of Michigan defines Assistant Attorney General Andrew Shirvell's actions as stalking.

If Shirvell says he's not a stalker, I'd say he doesn't understand even simple laws and is unfit to serve as a prosecutor.

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