By Jon King /

An evidentiary hearing has been ordered for a convicted Brighton-area rapist who is seeking a new trial.

21-year-old Zachary Lally of Genoa Township was found guilty by a jury in the October 2018 sexual assault of a teenage girl who worked at a concession stand at the Oak Pointe Golf Course. A motion was filed last month by Howell Attorney Tom Kizer accusing Livingston County Assistant Prosecutor Pamela Maas of soliciting perjured testimony from a Livingston County Sheriff's detective. Specifically, Kizer alleges that during the trial, a conversation between Maas and Livingston County Sheriff's Office Det. Greg Thompson was caught on tape between proceedings in which Thompson indicated that he had forgotten his prior testimony concerning Lally's clothes, and Mass told Thompson, 'just say that we discussed it,” but based on Lally’s statements, she felt they had enough evidence without it. The motion further alleges Maas joked that if Thompson gave that answer, Lally’s attorney Roland Sizemore III, “will gasp, and that Maas will laugh."

While Livingston County Prosecutor Bill Vailliencourt previously called the allegation “without merit” he asked the Michigan Attorney General to handle the case, which appointed the Oakland County Prosecutor’s Office to deal with the motion seeking a new trial for. In court Thursday, Assistant Oakland County Prosecutor Danielle Walton argued that the defense missed its opportunity to claim prosecutorial misconduct as the issue was addressed during the trial.

However, Livingston County Circuit Court Chief Judge Michael Hatty ordered a September 9th hearing to decide the motion. Lally, who faces up to life in prison, had originally been set to be sentenced on Thursday but remains at the Livingston County Jail pending the outcome of the hearing.