Appeals court affirms Sadowski conviction

Panel orders resentencing in 2022 trial

By Jennifer Champagne
Managing Editor

The Michigan Court of Appeals has affirmed Jason David Sadowski’s second-degree murder conviction in the 2019 death of Timothy Mozader but vacated his 50- to 75-year prison sentence after finding errors in the calculation of his sentencing guidelines.

The three-judge panel’s unpublished opinion, issued Aug. 12, sends the case back to Alger County’s 11th Circuit Court for resentencing. Judges Michael F. Gadola, Michael J. Riordan and Brock A. Swartzle concluded that none of the issues Sadowski raised regarding his trial justified overturning his conviction.

“Because we find no reversible errors with defendant’s trial or verdict, we affirm defendant’s conviction,” the judges wrote. “We do find, however, that the trial court erred when it calculated defendant’s sentencing guidelines, and therefore, we vacate defendant’s sentence and remand for resentencing.”

Unlike a trial, an appeal generally is decided from the existing court record and attorneys’ written arguments, without new testimony from witnesses or the defendant. The Court of Appeals may hear oral arguments, but it also may decide a case solely from the briefs and record.

Alger County Prosecutor Robert Steinhoff said his office was “extraordinarily satisfied” with the decision regarding Sadowski’s conviction.

“We think it is the most appropriate next step in obtaining justice for Timothy Mozader and his family,” Steinhoff said. “As it relates to the vacation of sentence, we view this as a technicality that will have minimal effect on the ultimate sentence.”

Sadowski’s appellate attorney, Garrett Burton, an assistant defender with the State Appellate Defender Office, said the defense welcomed the resentencing order but plans to challenge the remainder of the decision.

“I am happy that they recognize that he deserves to be resentenced,” Burton said. “We are intending to appeal the opinion affirming conviction.”

Sadowski was convicted following a November 2022 jury trial in the death of Mozader, his roommate. Mozader, 58, was found dead in his Munising home May 30, 2019. According to the opinion, he suffered severe facial injuries and died from asphyxia caused by bleeding.

The jury found Sadowski guilty of first-degree premeditated murder. Circuit Judge Brian Rahilly later granted a defense motion for a directed verdict on that charge, concluding the evidence did not support premeditation. Rahilly reduced the conviction to second-degree murder and sentenced Sadowski to 50 to 75 years.

The appeals court ruled that the sentence was based on an incorrectly calculated guidelines range. The first error involved Offense Variable 13, which addresses a continuing pattern of criminal activity. The trial court assessed 25 points under both Offense Variable 12 and Offense Variable 13 based on the same child sexually abusive material found on Sadowski’s phone.

The appellate court said the same conduct could not be scored under both variables in this case and directed that Offense Variable 13 be scored at zero.

The second error involved Offense Variable 6, which measures an offender’s intent to kill or injure. The trial court scored it at 50 points. Prosecutors conceded on appeal that score was incorrect, although the parties disagreed whether the proper score was 10 or 25 points.

The appellate judges directed the circuit court to determine the proper score after making findings about whether Mozader’s death occurred in a combative situation. Burton said the defense likely would not devote extensive argument to that question. 

“The range changed enough,” he said. “I suspect there’s not going to be very much argument on that specifically.”

Steinhoff said the attorney general’s office handles appeals from small Michigan counties. Based on his calculation, he said the corrections appear likely to lower the bottom of the guidelines range by about five years.

The decision does not guarantee Sadowski a particular sentence. The circuit court must conduct another sentencing proceeding using corrected guidelines and the findings required by the appellate ruling.

Sadowski also challenged the admission of a jailhouse assault video, the denial of requests for another appointed attorney and permission to represent himself, the exclusion of certain evidence and the effectiveness of his trial counsel.

The court said the video likely was admitted improperly but concluded its admission did not affect the trial’s ultimate outcome.

Burton said he intends to ask the Michigan Supreme Court to review every issue on which the Court of Appeals found no error warranting a new trial.

“The resentencing is going to be on hold right now while we litigate the application for leave to appeal,” Burton said. If the Supreme Court accepts the case, the defense will file supplemental briefs; if it declines, the case will proceed to resentencing, he said.

Steinhoff said Sadowski has 56 days to file an application for leave to appeal. Unlike his appeal to the Court of Appeals, Supreme Court review is discretionary.

“We intend to appeal, and then we’ll see what the Michigan Supreme Court has to say,” Burton said.