Sailor Robert Declercq, imprisoned in Jackson, no longer facing second criminal trial
AG assesses toll taken on witnesses in conviction of former wealth manager
After a grueling criminal trial that led to conviction, the mother of the child victim talked with the Michigan Department of Attorney General and asked if a second trial is necessary — the 71-year-old defendant is now in prison serving a minimum of 25 years.
Following discussion, the Michigan Department of Attorney General confirmed that it has dismissed a second criminal case — in Mackinac County in the Eastern Upper Peninsula — against Robert Allen “Bob” Declercq, spokesman Danny Wimmer told Shifting Gears.
Declercq, an accomplished sailor from Grosse Pointe Farms, Mich., and a former wealth manager at Morgan Stanley, was convicted May 2 on two counts of first-degree criminal sexual conduct of a person under 13. At the time of the incident, the victim was 3 years old, according to court records.
For nearly two hours, a jury watched and listened as the now-2nd grader answered questions from lawyers in the Mio courtroom, located 200 miles north of Detroit, and 30 miles east of Grayling, in rural Michigan.
The trial involving Declercq’s granddaughter lasted five days with a jury determining guilt in less than two hours. He was sentenced on August 18 to a term of 25-60 years. Circuit Court Judge Casandra Morse-Bills highlighted the defendant’s lack of remorse. Assistant attorney general Melissa Palepu described Declercq, a longtime member of the prestigious Bayview Yacht Club in Detroit and former sailmaker, as a “master manipulator.”
Declercq, who maintains he is not guilty, is appealing the verdict. Trial lawyer Shannon Smith of Bloomfield Hills, Mich., said her client didn’t get a fair trial from the judge, a former Oscoda County prosecutor.
A second trial had been scheduled to begin just before Halloween involving charges related to the defendant’s daughter, Amy Declercq. She testified in court during the first trial under oath for approximately eight hours over two days.
Note: The victim’s mother, Amy Declercq, agreed to have her birth name used in news coverage because it does not reveal the identity of her daughter. The family lives in southeast Michigan.
Second trial remains an option
During the sentencing hearing, Amy Declercq described the toll that the trial has taken on her child, herself and her family — resulting in nightmares and new trauma.
That impact factored into the latest decision of Attorney General Dana Nessel.
“This dismissal is based upon the best interest of the (alleged) victim, who will now not be required to testify yet again about the (alleged) assaults perpetrated against her,” Wimmer said Thursday in a statement to Shifting Gears. “Had Mr. Declercq been convicted in Mackinac County, he would not have faced any additional term of incarceration as any sentencing would have been issued concurrently to his sentence being served for his Oscoda County conviction.”
If there is need to pursue a second trial to protect the public interest, the state will reconsider its decision, Shifting Gears has learned.
Appeal focuses on judicial conduct
Lawyer Michael Dezsi of Royal Oak, Mich., is handling the Declercq case now.
On Friday, Dezsi told Shifting Gears that he has filed a preliminary motion with the Court of Appeals asking that it compel the Oscoda County Circuit Court to release to the defendant’s lawyer the courtroom videotapes of the trial.
“This, I believe, is both necessary and appropriate given that Mr. Declercq’s trial counsel made a motion for mistrial accusing the Judge of being biased against the defense, and further accusing the Judge of making inappropriate comments (and/or belittling counsel) in front of the jury,” Dezsi wrote. “The videotapes would further support the claims made by Mr. Declercq’s counsel, and we think it is necessary for the appellate counsel to have these videotapes for purposes of the arguments that we intend to raise on appeal.”
Shifting Gears reviewed documents related to the appeal.
Declercq is inmate 1087662A.
As of Saturday, he was still being held at the Charles Egeler Reception and Guidance Center (RGC) in Jackson, Mich., a quarantine facility responsible for intake processing of all male offenders, according to state records.
His earliest release date is April 28, 2050. His maximum discharge date is April 28, 2085.
The criminal conviction and questions related to the case inspired discussion among metro Detroit yacht clubs and U.S. Sailing leadership to establish and/or improve safety protocols for reporting.
The Declercq case has been monitored closely within the national sailing community. Declercq is the son of a Great Lakes sailing legend whose boat “Flying Buffalo” dominated Port Huron to Mackinac Island races for years. He was expelled by Bayview Yacht Club in May, after his conviction, and also removed from the Bayview Mackinac Race Hall of Fame.
Amy Declercq has declined to comment publicly since the conviction.
These four exclusive stories by Shifting Gears chronicle the Declercq case:
A yacht club sailor gets expelled after a guilty verdict here.
The victim’s family shares its perspective here.
A judge delivers observations during sentencing here.
Experts explain how a case involving a child witness unfolds here
Phoebe Wall Howard covered competitive sailing for The Detroit Free Press for seven years. She was an award-winning criminal justice reporter at the Arkansas Gazette in Little Rock.
More:
Whitby 100 on Lake Ontario: 12-foot waves, broken boats. Fast Tango wins
Three sailors race Mackinac 50x. ‘Kind of crazy and totally amazing’
Red Herring sinks in Lake Michigan just before Chicago to Mackinac race
Find additional stories about sailing and sailors here.
Note: As a former reporter at The Des Moines Register, I’m a proud member of the Iowa Writers’ Collaborative, which offers a great mix of political analysis, features and news.
Hopeful no governor commutes Declerco's sentence. Phoebe, you exemplify why America needs good investigative journalism. Happy Newspaper Week.