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Incest accused may face deportation despite judge's efforts

Last week when Macomb County Prosecutor Carl Marlinga decided not to prosecute the 17-year-old boy charged with having incestuous relationship with his 12-year-old sister, Marlinga said he was guided by a humanitarian motive. By letting the boy plead guilty, Marlinga thought that he would save the girl from going through the process of testifying against her brother.

Marlinga also wanted to prevent the boy from being deported to India. Immigration authorities were empowered by new immigration laws last year to deport even greencard holders who committed felony, rape and other crimes, after they served a brief sentence in an American jail.

But now Marlinga is afraid that the Immmigration and Naturalisation Service is prepared to deport the boy anyway.

The girl would be forced to leave because the entire family would return to its homeland if the boy is expelled, Marlinga said. He has had no assurances from Immigration and Naturalisation Service officials that they won't deport the youth if he pleads to a misdemeanour to avoid a felony charge.

''That's telling a little girl that because she was raped this is the end of her American Dream,'' Marlinga, grandson of Polish immigrants said.

''I believe deep in my heart this young man can be rehabilitated,'' he said. .

Marlinga said he plans to lobby federal legislators from Michigan, who he calls his friends. They include Republican Sander Levin, House Minority Whip David Bonior and senators Carl Levin and Spencer Abraham.

''I think that we could bring the necessary congressional attention to bear on this matter,'' Marlinga said. ''We think that we could persuade whoever it is that this is a case that merits special consideration.''

The controversial case became known last month when the girl, who was 27 weeks pregnant, was prohibited by the Macomb County Circuit Court from obtaining an abortion. After the ban was lifted, she received a late-term abortion in Kansas. Late term abortions are banned in Michigan.

Two weeks ago, her brother was charged with first-degree criminal sexual conduct, a felony that triggers automatic deportation. His name is being withheld to protect the identity of his sister.

Believing he could prevent deportation, Marlinga offered the teen a plea of fourth-degree criminal sexual conduct, a high misdemeanour.

But Immigration and Naturalisation Service officials later said that misdemeanours can lead to deportation proceedings just as felonies do.

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