Court kills Flint water charges against ex-governor, others

[Eugene]

Source: Associated Press

DETROIT (AP) — Charges against former Gov. Rick Snyder and others in the Flint water scandal must be dismissed after the Michigan Supreme Court said Tuesday that a judge had no power to issue indictments under a century-old, rarely used law.

It’s an astonishing defeat for Attorney General Dana Nessel, who took office in 2019, got rid of a special prosecutor and put together a new team to investigate whether crimes were committed when lead contaminated Flint’s water system in 2014-15.

State laws “authorize a judge to investigate, subpoena witnesses, and issue arrest warrants” as a one-person grand jury, the Supreme Court said.

“But they do not authorize the judge to issue indictments,” the court said in a 6-0 opinion written by Chief Justice Bridget McCormack.

-snip-

By ED WHITE
12 minutes ago


Read more: https://apnews.com/article/health-crime-michigan-indictments-rick-snyder-609f461af3bb2d7f10a40c5d663620eb

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Source: Detroit Free Press

Michigan Supreme Court: Judge erred in Flint water crisis indictments, one-man grand jury

Arpan Lobo
Detroit Free Press

Published 10:42 a.m. ET June 28, 2022 | Updated 12:44 p.m. ET June 28, 2022

The Michigan Supreme Court sided with a trio of former state officials charged for their involvement in the Flint drinking water crisis, issuing an opinion Tuesday that a lower court judge erred in using a "one-man grand jury" to issue indictments against the officials last year.

The unanimous opinion, with one justice not participating, calls for the cases against former state officials Nick Lyon, Nancy Peeler and Richard Baird to return to the Genesee Circuit Court for preliminary examinations.

In 2021, Genesee County Circuit Judge David Newblatt charged the group, and six others — including former Gov. Rick Snyder — for their involvement in the Flint water crisis, without a preliminary examination, which allows for cross-examination of witnesses before trial. Appeals to Newblatt's decision were rejected, bringing arguments to the Michigan Supreme Court.

In May, attorneys for Lyon, Peeler and Baird argued in front of the Michigan Supreme Court that they were entitled to preliminary exams. At the time, justices appeared receptive to the argument — expressing skepticism over defendants getting due process in their trial.

-snip-

Read more: https://www.freep.com/story/news/local/michigan/flint-water-crisis/2022/06/28/flint-water-crisis-michigan-supreme-court-preliminary-exams/7754550001/

[yaesu]

1. In that case that states almost century old abortion ban law shouldn't stand either. nt

[PoliticAverse]

5. The issue really had nothing to do with the age of the law.

The issue was what the law actually authorized not that it was "century-old, rarely used".

[yaesu]

6. Supreme Court said Tuesday that a judge had no power to issue indictments under a century-old,

rarely used law. I rest my case.

[PoliticAverse]

7. Yes because the law didn't authorize a judge to issue indictments. The fact that the law...

was a century old and rarely used had nothing to do with the decision. The line:

that a judge had no power to issue indictments under a century-old, rarely used law.

misleadingly implies the age of the law had something to do with the decision but it was the law itself if you read further.

State laws “authorize a judge to investigate, subpoena witnesses, and issue arrest warrants” as a one-person grand jury, the Supreme Court said.

“But they do not authorize the judge to issue indictments,” the court said in a 6-0 opinion written by Chief Justice Bridget McCormack.

Laws don't expire on their own absent specific clauses to do so.

[Dr. Strange]

10. Yeah, that was bad journalism.

[bucolic_frolic]

2. Amazing as it seems, the purpose of law enforcement is to protect the biggest crooks!

[old guy]

3. It's what lawyers are taught to do.

[Thomas Hurt]

4. but of course...

[sakabatou]

8. And the recourse is what?

Or is Flint screwed?

[James48]

9. For the record

Another person I knew was a victim of the crime, but that has been lost to history.

My high school sweetheart (40 years ago) worked as a security guard at the Flint MCLaren hospital hit by Legionairs disease during the water crisis.

She came down with Legionaries , and died, about six months before the first official case of Legionaries disease was diagnosed. SHE wasn’t officially a Legionaries case, because they weren’t testing for that at the time. But she is dead, and left behind like six kids.

[orangecrush]

11. The fix is in

Liberty and justice for all who can afford it.