Two weeks after winning the August primary, a judicial candidate appeared to whip his girlfriend with a belt during an argument in his apartment, presumably unaware that nearby witnesses were recording the scene.
The 51-year-old lawyer flashed the peace sign when he noticed the onlookers from his window, but has since claimed the video isn't what it appears: He was striking a chair with his belt, not his girlfriend.
The video caused a wave of public outrage in the city of Muskegon, which is about 40 miles northwest of Grand Rapids.
The topic of domestic violence has taken center stage as women's rights activists fight to keep Kolkema off the bench, arguing he isn't fit to be judge in cases involving battered women and vulnerable children.
He has a history of losing his temper, spitting on a girl, and lying about his relationship with a client.
Heather Fry is a victim's advocate who has sat with many victims in court seeking personal protection orders.
I apologize." What we saw was what we saw. Fry said the video was very damning. The act was meant to make people afraid.
He has responded to the video on his Facebook page.
I understand that the way things are done is not good. The people who voted for me are angry and disappointed. The facts will be revealed in the future. He was responding to a person who wrote that they don't support abusers.
On his campaign website, Kolkema states that he learned compassion, empathy and the importance of service to the community from his mother.
Police records and court records show a different story.
Two days before the belt incident, Kolkema spit on his girlfriend's 12-year-old daughter as she slept in his apartment with her mom, despite a court order prohibiting him from being around her. According to court records, he threw water on the girl and her mother because he was upset about a fight. He threw a bottle at his girlfriend and her daughter but missed and hit a lamp.
Fruitport police got a call from the girlfriend of the man they were looking for. When police arrived, Kolkema told an officer that his girlfriend was making things up. The girlfriend wouldn't cooperate. There were no charges brought against anyone.
The Fruitport police investigated a domestic assault complaint that was filed by Kolkema's ex- wife, who claimed that he pushed her in the back and knocked her to the ground while she was picking up their children. According to the police report, the mother advised that her daughter was upset and crying because she had seen the same thing happen to him in the past. The man refused to answer questions without an attorney. There were no witnesses who could corroborate the alleged assault.
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He admitted to pulling his ex- wife's hair during an argument that got out of hand but left after she called police. According to a court filing, he left the home before police arrived because he didn't want to go to jail. There were no charges brought against anyone.
The same year, a Child Protective Services investigation was launched after the father left his daughter home alone to drive his son to school. He was worried that the child would be sick and not wake up. The child was found by a neighbor who was looking for his dad. The referee of the family court said that he used extremely poor and questionable judgement in not charging the man.
Terry Nolan threatened to report the Free Press to the police for harassment when he was contacted multiple times.
When asked if he could explain to voters his actions in the video, he deferred to his girlfriend.
The victim says that she's partly to blame for what happened in the apartment because she's standing by the man.
The girlfriend wrote in the Free Press that she had made a positive impact on her life because of the good man. I don't think this portrayal of him is fair because he has done a lot for my children. The Free Press doesn't name domestic violence victims.
The girlfriend said that on the day in question, Kolkema was trying to get her attention to finish a conversation they had previously started, but she was on a headset and distracted. She said he hit a chair's armrest with his belt to get her attention.
She wrote that it was rude of her to ignore him so she takes responsibility for that part.
The woman said that she and her daughter have never been hurt by the man.
He is not a danger. I've never beaten him. He isn't threatening as a person. The woman said the video is not what it looks like. It is not fair to him.
Police and court records show that the two have been in a relationship for three years. According to family members, their relationship started while Kolkema was representing her in a civil case involving her three children from previous relationships.
The American Bar Association's Model Rules of Professional Responsibility states that a lawyer can't have sex with a client unless there is a consensual relationship.
According to the sheriff's report, the boy got a black eye after getting hit by a door handle at his mom's house. The 5-year-old boy talked to his grandpa.
He said he was hurt. The grandfather said that he was hit in the eye with a door knob.
Even though the boy and his girlfriend said he was there, Kolkema stated that he had no recollection of being in the house.
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The prosecutor decided not to charge the couple after the police submitted charges for both of them.
The grandfather, who is the primary guardian of the boy, doesn't want Kolkema near the boy. He says that Kolkema and his girlfriend are constantly fighting and yelling, that his grandson is harmed by their behavior, and that they have violated a court order that prevents the boy from being on supervised visits with his mother.
The grandpa is not being named to avoid being identified.
My goal is to give my grandson a normal life. The grandfather said he was alarmed by the belt-whipping video and just wanted peace for his grandson.
Women working in a downtown office building looked out their window to see a couple arguing in a nearby apartment building. There was a huge banner in the window of the apartment that was the same as this one.
One of the witnesses, a domestic abuse survivor and mother of three who has requested anonymity to protect her family's privacy, said that he could be seen yelling and screaming most of the morning. I told my coworkers that I was concerned. I am going to record this.
The argument went on for over an hour. The office workers watched as Kolkema paced the living room, waved his hands in the air, and went room to room, at one pointchanging out of his blue campaign T-shirt into a white dress shirt.
The woman alleged that she saw Kolkema grab the woman who swung back. He left.
We were amazed when he put his hands on her. The witness decided to call the police after wondering if that really happened. She pulled out the belt while on the phone.
It wasn't normal. I wondered how I could help this person over there. The woman asked if it was really happening in front of her eyes.
"It made you sick to your stomach, and that's all you can think about for days and days and days," said the woman.
She said that the video was not as accurate as she thought. You could see that belt connecting with her.
The woman had a blank stare when police officers talked to her. When she was asked who she had an altercation with, she stated that she didn't want to talk about it, but added that she was wearing a long dress.
The violent part of the video was posted on Facebook by the office worker who was one of the witnesses. It has generated more than 20,000 views so far. The entire recording has been turned over to police.
The charges were filed within a day.
Domestic violence is taken very seriously by my office. D.J. Hilson said in an interview that it doesn't matter who you are, what your background is, what influence you have or don't have. It's a very serious issue and we will file charges when appropriate.
The charge of domestic assault carries a maximum sentence of 93 days in jail. He turned himself in and posted a $500 cash bond, and on Thursday asked the judge to lift a no-contact order so that his girlfriend can rejoin his campaign, live with him again and help him fight what his lawyer described as false and misleading information.
Although the couple have garden-variety arguments, it is not a relationship that can be characterized as abusive, according to a Thursday filing.
Hilson's office doesn't want the no-contact order to be lifted. An assistant prosecutor was not a fan of the idea of his girlfriend campaigning.
When the request first came up, the assistant prosecutor said it was ridiculous. She told the judge that she can't trust the man. I have concerns about Mr. Kolkema's ability to follow court orders.
The case was being politicized according to the attorney.
Hilson doesn't agree.
Hilson said politics doesn't play a role in this.
Hilson said the law doesn't see a difference between the claims of the belt hitting the chair and the girlfriend.
Violence that can be physical or threatened is called domestic violence. Hilson said that contact was not required and that they were prepared to try the case.
The trial date has been set for November 21st. The 14th Circuit Court judicial seat is up for grabs. He won the August primary with over 30% of the vote. Jenny McNeill is a lawyer with more than 25 years of experience. In the primary, she won 25% of the vote.
The presumption of innocence is a constitutional right that applies to everyone in the criminal justice system.
One person wrote that they only know one side of the story.
"You got my vote, you're a good man," wrote another. One mistake could ruin your life. It takes two to tangle, and I don't think that's true.
"My experience as an attorney is unparalleled and I remain the best candidate to preside over the types of cases within the jurisdiction of the Circuit Court in Muskegon County," he wrote.
The Michigan Press Association named Tresa Baldas the Michigan Journalist of the Year in 2020. She can be reached at tbaldas@free press.com.
The article was originally published by the Detroit Free Press.
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