A Michigan state crime lab is expected to examine the alleged victim’s phone as the criminal case against Shaun Lozen moves forward in Alpena. The phone search was discussed during a Monday hearing in the 26th Circuit Court, where prosecutors and defense attorneys addressed records that may be relevant to the case.
Lozen, 46, is charged with two counts of assault with intent to murder and five counts of assault with intent to do great bodily harm less than murder involving strangulation. He also faces one count of aggravated domestic violence and four counts of domestic violence.
What the proposed phone search would include
The requested examination would cover communications between the alleged victim and Lozen, including photographs of the two and phone recordings. It would also include photographs of injuries allegedly suffered by the victim, communications with police personnel about the investigation, and messages with three women whom the victim allegedly contacted to warn them about Lozen.
The phone records became an issue during earlier proceedings. Lozen’s attorneys, Deanna Kelley and David Kramer, initially asked Judge Alan Curtis in July for five years of records from the alleged victim’s phone. Curtis denied that request, saying the scope of the evidence sought was too broad.
During the preliminary examination in August, Kramer said Alpena County Assistant Prosecuting Attorney Alyssa Miller had agreed to allow the phone to be turned over for downloading and for certain material to be preserved. Miller said she did not object to text messages and other evidence being collected if the phone was searched by the Michigan state crime lab rather than a third-party expert.
Case background and next hearing
Testimony at the August preliminary examination included the allegation that Lozen and the alleged victim had been in a relationship for about five years. The alleged victim testified about several alleged physical assaults during that relationship, including alleged strangulation.
At the latest hearing, Miller said the phone had not yet been sent to the crime lab because she was waiting for final documentation. The status of that documentation and the proposed evidence review are expected to remain part of the case’s next steps.
Judge Ed Black scheduled the next hearing for 1:15 p.m. Nov. 16. The charges are allegations, and the case remains pending in Alpena’s 26th Circuit Court.