2019-02-07 / Front Page

Attempted murder suspects bound over to Circuit Court

The couple charged with attempted murder in connection with a break-in last month in Cedar have been bound over to Circuit Court.
Bailey Rosinski and Justin Bembeneck were each bound over by the District Court Judge Bob Cooney, who found probable cause for all charges Thursday, Feb. 7 at Leelanau County 86th District Court.
For each defendant, the charges include two counts of assault with intent to commit murder, one count of assault with intent to rob, one count of armed robbery, one count of first-degree home invasion and one count of assault with a dangerous weapon, all of which stem from a Jan. 10 attack on Rosinski’s grandparents and uncles at their Cedar residence.
Bembeneck entered a plea of “not guilty” and a pre-trial hearing for his case was scheduled for Feb. 25.
Cooney delayed arraignment of Rosinski’s case for Circuit Court, after Rosinski was removed from the courtroom Thursday, Feb. 7 for disruptive behavior.
As Cooney was making his final rulings from the hearing, Rosinski asked to make a statement, adding it was important.
After Cooney denied her request, Rosinski began singing, and court deputies forcibly pulled her out of the courtroom, as Rosinski resisted their efforts.
Earlier during the preliminary examination, testimony was heard from Rosinski’s grandparents, Helen and Francis Rosinski; Bailey Rosinski’s uncles, Brian Rosinski and Richard Rosinski; Leelanau County Sheriff’s Office Road Patrol Deputy Steve Bailey; Leelanau County Sheriff’s Office Sergeant Duane Wright; and Leelanau County Sheriff’s Office Jail Administrator Lieutenant Todd Roush.
Based on the testimony heard, Cooney concluded there was no question of identity regarding Bailey Rosinski’s involvement in the Jan. 10 incident, as both grandparents and both uncles identified Bailey Rosinski in court.
Regarding Bembeneck, Cooney said two recordings of conversations between the two defendants at Leelanau County Jail played during the hearing indicated Bembeneck’s involvement in the crime, pending a dispute over admissibility.
Cooney said there was initially a question regarding whether Bailey Rosinski was invited to the residence that evening, before Frank Rosinski’s testimony indicated he had told Bailey Rosinski, prior to Jan. 10, to stay away from the home.
Cooney added it was ultimately clear from several family members’ testimony that Bailey Rosinski was not allowed in the house.
Cooney said there was no question a larceny occurred, as several items owned by Helen and Francis Rosinski were eventually recovered from the yellow Suzuki SUV driven away from the scene Jan. 10 by Bailey Rosinski and Bembeneck, including coins and a checkbook.
Regarding intent to murder, Cooney said the question regarding whether Rosinski had an intent to murder is a jury question.
He said the injuries to Francis Rosinski, Brian Rosinski and Richard Rosinski were significant cuts, as the stabs wounds of Frank Rosinski were in the upper thigh, a high-risk area where someone could bleed out in a matter of minutes if a particular artery is struck. Cooney added the same is true of the chest and shoulder areas, referencing the stab wounds of Richard Rosinski.
“An intent to murder could be inferred,” Cooney said, based solely on the location of the wounds.
Cooney said Bembeneck was clearly aiding and embedding Bailey Rosinski when she was robbing her grandparents’ residence.
Regarding the charge of assault with intent to murder, Cooney said probable cause for Bembeneck was based on testimony indicating he struck Francis Rosinski on the top of his head with a large flashlight and acted in concert with Bailey Rosinski, who twice stabbed Francis Rosinski in the leg.
Cooney said both the knife and flashlight used in the assaults are dangerous weapons used in the commission of robbery, giving the probable cause for the charges of armed robbery.

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