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Michigan Supreme Court Ruling a Blow to Flint Water Case, But Prosecution Vows to Press On

June 28, 2022, 5:52 PM

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The Michigan Supreme Court issued a blunt ruling Tuesday that creates big trouble for the prosecution in the Flint water scandal and could lead to the dismissal of charges.

The court sent the cases of three key defendants back to Genesee Circuit Court, saying lower courts rulings erred. The Supreme Court ruling is likely to open the door for other defendants, including Gov. Rick Snyder, to move for dismissal of their cases.

Still, in wake of the ruling, the Attorney General's Office vowed to prosecute the defendants.

At issue: Michigan Attorney General Nessel used a one-man grand jury in Flint, comprised of a judge, to investigate and issue indictments against nine Michigan officials, including Snyder. The second issue addresses the lower courts, which ruled that defendants were not entitled to a preliminary hearing after being charged by the grand jury.

The high court ruled only on three defendants' cases, and only on the narrow issues they appealed. But it's clear the other defendants will use the ruling to try and dismiss the charges.

Former Michigan Department of Health and Human Services Director Nick Lyon argued the one-man grand jury could investigate, but not indict, and that he was entitled to a preliminary examination The high court ruled in his favor and remanded the case back to Genesee Circuit Court.

Richard Baird, former Michigan Department of Health and former MDHHS employee Nancy Peeler argued in their appeal that they were entitled to a preliminary examination after being charged. The Surpeme agreed and remanded their cases to the circuit court.

The Detroit Free Press reports:

In a statement, Snyder's legal team said they will use the ruling to get the charges levied against the former governor dismissed. Anastase Markou, an attorney Baird, went further, saying attorneys for all of the nine individuals charged will argue for charges to be dismissed when the case returns to the lower court.

If the state has to refile charges, some attorneys see a possible problem with the statute of limitations, particularly for misdemeanor charges, which have a shorter time limit, the paper adds.

Michigan Solicitor General Fadwa Hammoud, who is prosecuting the case with Nessel's office, issued a statement:

“The Citizens of Flint should know that these cases are not over...Our reading is that the Court’s opinion interprets the one-man grand jury process to require charges to be filed at the district court and include a preliminary examination. Our team is prepared to move forward through that process."

“We are prepared and determined to prove the allegations against the defendants in court and are committed to seeing this process through to its conclusion.”

Nessel assumed office in 2019, and tossed all pending charges in the case filed while Bill Schuette was attorney general. She then started over and used the one-man grand jury.

Nessel's team issued the following charges:

Ex-Gov. Rick Snyder:

Two counts of willful neglect of duty – each a one-year misdemeanor and/or $1,000 fine

Former Chief Medical Executive of MDHHS, Eden Wells:

Nine counts of involuntary manslaughter – each a 15-year felony and/or $7,500 fine
Two counts of misconduct in office – each a five-year felony and/or $10,000 fine
One count of willful neglect of duty – a one-year misdemeanor and/or $1,000 fine

Ex-Snyder Chief of Staff Jarrod Agen:

One count of perjury – a 15-year felony

Gerald Ambrose – Former City of Flint Emergency Manager

Four counts of misconduct in office – each a five-year felony and/or $10,000 fine

Ex-Snyder Senior Adviser Richard Baird:

One count of perjury – a 15-year felony
One count of official misconduct in office – a five-year felony and/or $10,000 fine
One count of obstruction of justice – a five-year felony and/or $10,000 fine
One count of extortion – a 20-year felony and/or $10,000 fine

Ex-Flint public works director Howard Croft:

Two counts of willful neglect of duty – each a one-year misdemeanor and/or $1,000 fine

Ex-Flint Emergency Manager Darnell Earley:

Three counts of misconduct in office – each a five-year felony and/or $10,000 fine

Ex-MDHHS Director Nick Lyon:

Nine counts of involuntary manslaughter – each a 15-year felony and/or $7,500 fine
One count of willful neglect of duty – a one-year misdemeanor and/or $1,000 fine

MDDHS Early Childhood Health Section Manager Nancy Peeler:

Two counts of misconduct in office – each a five-year felony and/or $10,000 fine
One count of willful neglect of duty – a one-year misdemeanor and/or $1,000 fine



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