Serial offender convicted in nursing home assault faces life sentence

A habitual sex offender with a criminal record stretching back nearly 60 years was convicted April 27 of sexually assaulting a mentally incapacitated resident at an Ingham County nursing home.

An Ingham County jury found Melvin Edward Barhite, 76, guilty of first-degree criminal sexual conduct and failing to report as a sex offender. Barhite, who was also a resident of the facility at the time of the assault, now faces a mandatory sentence of life in prison due to his status as a fourth-strike habitual offender.

According to the Ingham County Prosecuting Attorney’s Office, Barhite’s record of felony convictions dates to 1968, when he was convicted of uttering and publishing in Washtenaw County.

“Assistant Prosecutor Steve Kwasnik, who leads our Sexual Assault and Domestic Violence Unit, worked closely with law enforcement, victim advocates and the victim’s family to secure this verdict,” Ingham County Prosecuting Attorney John J. Dewane said in a statement.

In 2001, a Kent County jury convicted Barhite of two counts of third-degree criminal sexual conduct and two counts of fourth-degree criminal sexual conduct. Those convictions, combined with his earlier felonies, triggered the habitual offender fourth-offense notice in the current case. 

While serving his previous sentence, Barhite often represented himself without the assistance of an attorney. Acting as his own lawyer, Barhite filed a series of federal lawsuits and appeals, including a 2008 claim alleging religious discrimination.

In that case, Barhite sued the Michigan Department of Corrections after officials confiscated a photo album containing images of young women and girls as young as 14. Barhite claimed the seizure was a reaction to national news regarding a 2008 raid on a polygamist ranch in Texas.

Federal judges dismissed the suit, ruling that the “provocative” photos were not related to religious practice and could hinder the rehabilitation of a sex offender.

Barhite also made several unsuccessful attempts to overturn his 2001 convictions, at one point claiming he had been “kidnapped” by authorities during a transfer from Ohio to Michigan. He further alleged his rights were violated because he was forced to stand trial in prison clothing, an argument the Michigan Court of Appeals later rejected.

Under Michigan law, the fourth-offense habitual offender notice carries a penalty of up to life in prison because the primary offense of first-degree criminal sexual conduct is a felony punishable by 5 years or more.

Barhite remains in custody pending a sentencing date, which has yet to be scheduled.