During her campaign, Michigan Attorney General Dana Nessel criticized the way an attorney appointed by her Republican predecessor handled the crimininal investigation into the Flint water crisis.
Now, just three days into her new role, Nessel is hoping to shake things up in a big way. This afternoon, she announced that she's asked Wayne County Prosecutor Kym Worthy to replace special counsel Todd Flood.
WDIV reports:
“I have total confidence in Prosecutor Worthy and her office,” said Nessel, “and there is no one whose opinion I value more when it comes to the complexity and importance of these cases. We are hoping to have a response from Prosecutor Worthy regarding acceptance of these cases soon.”
In a statement, the AG's office said Nessel has provided Worthy with the relevant materials related to the cases and has requested that her office take over the prosecution of the criminal cases on behalf of the Attorney General’s office, which is currently represented by private attorney Todd Flood.
Flood had been appointed to prosecute the cases by former AG Schuette due to conflicts created by the Department of Attorney General defending the state in civil cases brought by Flint residents.
Fifteen government officials have been criminally charged in connection with the Flint water crisis. Six have reached plea deals and the rest are waiting to learn whether they'll stand trial.
Worthy's office has issued a statement saying it's considering Nessel's request, the Detroit News reports:
“Michigan Attorney General Dana Nessel has asked the Wayne County Prosecutor's Office to do an independent evaluation of the Flint Water criminal cases," the statement read. "A decision will be made at a later time addressing what entity will continue these prosecutions. The WCPO will not be making any public statements and will provide the attorney general with a full report when this assessment is completed. It (is) important to remember that there is a lot of material to review as these investigations are almost three years old.”
Nessel has long been critical of the way former Attorney General Bill Schuette handled the Flint water crisis investigation and prosecutions.
In August, she told Bridge Magazine:
Schuette has never had any real interest in seeking justice for the residents of Flint. He is merely an opportunist who has used the crisis to further his political ambitions via a series of politically charged show trials.
Prosecutors should never be paid hourly, as this practice risks incentivizing the charging of unsustainable cases, filing frivolous motions and calling unnecessary witnesses to testify. Additionally, the appointed special prosecutor, Todd Flood, is a significant donor to both Schuette as well as to (Gov. Rick) Snyder, ostensibly one of the targets of the investigation. Schuette effectively recused the office of (attorney general) due to a “conflict of interest,” since the state of Michigan employs many of the defendants, then proceeded to appoint a special prosecutor with an even bigger conflict of interest. The state has now paid out (roughly) $25 million for attorneys’ fees in what can only be viewed as a mockery of the criminal justice system. The residents of Flint are no closer to obtaining justice, and the taxpayers of Michigan are considerably worse off.correctly.”
