By Jon King / jking@whmi.com


A motion for a new trial for a convicted Brighton-area rapist will be handled by the Oakland County Prosecutor’s Office

Livingston County Prosecutor Bill Vailliencourt says that in order to avoid any potential conflict of interest, he asked the Michigan Attorney General to handle the case. They have since appointed the Oakland County Prosecutor’s Office to deal with the motion seeking a new trial for Zachary Lally, who was found guilty by a jury in the October 2018 sexual assault of a teenage girl who worked at a concession stand at the Oak Pointe Golf Course.

The motion, which was filed by Howell Attorney Tom Kizer, accuses Livingston County Assistant Prosecutor Pamela Maas of soliciting perjured testimony from a Livingston County Sheriff's detective. Specifically, Kizer alleges that during the trial, a conversation between Maas and Livingston County Sheriff's Office Det. Greg Thompson was caught on tape between proceedings in which Thompson indicated that he had forgotten his prior testimony concerning Lally's clothes, and Mass told Thompson, 'just say that we discussed it,” but based on Lally’s statements, she felt they had enough evidence without it. The motion further alleges Maas joked that if Thompson gave that answer, Lally’s attorney Roland Sizemore III, “will gasp, and that Maas will laugh."

Vailliencourt told WHMI, that he, “found it very interesting that the press had a copy of the motion at the same time we received our copy. It speaks volumes. I think the circumstances demonstrate the real motivations behind this filing, especially given who the author is.” Kizer has been an outspoken opponent of Vailliencourt and is openly supporting former Judge David Reader in his bid to defeat Vailliencourt in the August GOP primary. However, Kizer tells WHMI that the timing of the motion was solely related to receipt of the official transcript from Lally’s trial. “I cannot help the timing. Perhaps Mr. Vailliencourt would have preferred the courtesy of waiting to file the Motion until after the primary just to accommodate his agenda. I had nothing to do with timing. A long trial and a lengthy transcript and Judge's Orders defined our course.”

Livingston County Sheriff Mike Murphy said while his office would conduct a thorough investigation as to whether the detective committed perjury, he also questioned the timing of the motion. Murphy said it “didn’t pass the smell test” that Lally’s attorneys allege having information that could have resulted in a mistrial, yet let the trial conclude with their client’s conviction.

A date to hear the motion has yet to be set. Meanwhile, Lally remains at the Livingston County Jail pending an August 6th sentencing date, at which time he faces up to life in prison.