Jury convicts on two counts

A superior court jury last Thursday night returned a guilty verdict on two of the three charges made against Michael D. Cox, 53, Albion resident who faced charges of deceiving the state’s Department of Labor & Industries while accepting time-loss payments. The jury returned its verdict at 7:33 p.m. after getting the case for deliberation at 3:20 p.m.

Cox faced two charges of first degree theft and one charge of second degree theft. The jury reported no decision on the first charge, which reportedly involved about $25,000 of the alleged loss sustained by the department from 2008 payments, according to a summary of the state’s case filed before the trial by Assistant Attorney General John Hillman.

The jury found Cox guilty on theft charges involving payments he received in 2009 and in 2010. The 2010 charge was for second degree theft because of a lower amount involved.

Hillman concluded the state’s case against Cox Thursday morning after calling 10 witnesses to present the state’s case. Defense Attorney Steve Martonick called six witness to testify for Cox.

Sentencing has been set for July 20. Cox had been allowed pre-trial release, but Judge David Frazier suspended the release and ordered Cox to report to jail after he twice arrived late for the trial. He was allowed early morning release from the jail to show up for the start of court next door. Cox was again allowed release after the trial.

A summary of the case filed by Hillman said Cox was injured in a fall at work in late 2006 and underwent an operation to fuse two vertebrae in his back in October of 2007.

Cox was cleared to return to work by a neurosurgeon in December of 2007, but his primary care physician reported to state L & I that she found him unable to work after examining Cox, who complained of continued pain. The state’s case alleges Cox underwent repeated examinations by special panels made up of three doctors who reported they considered Cox fit to return to work. His primary physician later agreed with the findings of the examination panels, and Cox went in search of a second primary care physician who eventually concurred with the findings of the special panel. Both primary care doctors testified in the state’s case.

The state case included videos which were recorded by a private investigator hired by a former employed and by a neighbor. The videos were presented at the start of the state’s case June 18. .