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Defense Attorney: Witness Avoiding Prosecution to Testify in Police Assault Case

A preliminary exam for off-duty sergeants from St. Clair Shores and Detroit police departments who are alleged to have robbed civilians while posing as officers continued Wednesday.

A 27-year-old man who claimed he was assaulted by two off-duty police officers admitted on the stand Wednesday in 36th District Court that he had seen a letter addressed to him that stated he would not be prosecuted for crimes connected to the assault, defense attorneys stated.

The testimony from Sergio Love came during the second day of the preliminary exam in the Frank Murphy Hall of Justice for St. Clair Shores police sergeant Michael Notoriano and Detroit Police Sergeant David A. Pomeroy

Love was allegedly assaulted by the men at a gas station on French Road and I-94 as they tried to recover the stolen cell phone of Notoriano's 16-year-old daughter, prosecutors stated. 

Love testified his brother possessed a letter from James Gonzalez in the Wayne County Prosecutor's Office stating he would not be prosecuted on gun, marijuana or receiving and concealing a stolen cell phone, which were all reportedly found in the vehicle Love, his brother and cousin rode into to the station.

Additionally, Love stated that despite previously testifying that Notariano used the N-word during incident he said Wednesday that he never told investigators that the racial slur was used against him.

"He's outright lying," said Notariano's defense attorney Todd Flood, who questioned the credibility and reasons for testifying by Love, who is a convicted felon.

The exam was adjourned Wednesday following Love's testimony. He was the second witness to be called by prosecutors in the exam, which is scheduled to resume on Friday.

“There is no immunity agreement," Wayne County Prosecutor's Office spokeswoman Maria Miller wrote in an email. "There has been no special consideration given or any promise of leniency that is being offered to Love or any other witness in exchange for their cooperation or testimony in the case.”

The St. Clair Shores sergeant been charged with armed robbery, two counts of unlawful imprisonment, two counts felonious assault, two counts of ethnic intimidation, felony firearm, willful neglect of duty (exercise of unlawful procedure), and two counts of failure to uphold the law (unlawful search, seizure and detention).

The Detroit sergeant has been charged with armed robbery, two counts of unlawful imprisonment, larceny of a firearm, willful neglect of duty (exercise of unlawful procedure, and two counts of failure to uphold the law (unlawful search, seizure and detention).

If convicted, both men could face up to life in prison.

Both men are free on bond.

This report was updated at 12:02 p.m. Thursday.

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