LANSING — Have former Michigan Gov. Rick Snyder and other members of his administration been fairly treated by the state’s judicial system? There’s reason to think that the answer may be … no.
That’s because they were indicted by what is known as a “ne-man grand jury,” a mysterious system which essentially exists only in Michigan. Evidence is presented in secret to a judge, who reviews it, interviews witnesses, and decides in secret who to charge and what to charge them with. Defense attorneys aren’t allowed.
Even after charges are filed, the evidence is kept secret, even from those charged, unless the accused get a court order to unseal it.
“The secretive tactics of a ‘one-person grand jury’ … with no details regarding the charge should shock and scare every American,” said attorney Charlie Spies, whose firm represents one of the defendants.
So on Jan. 14, Mr. Snyder and eight others were indicted on a long list of criminal charges in connection with the Flint water crisis, in which thousands of people suffered lead poisoning caused by a series of disastrous decisions in 2014 and 2015.
They were told to show up to be charged two days earlier, but not told what they would be charged with. The charges against Mr. Snyder were the least serious — two misdemeanor counts of willful neglect of duty — offenses that, if he were to be convicted, would likely mean no more than a fine.
Other members of his administration were hit with much more serious charges. Nick Lyon, the former state health director, was indicted on nine counts of involuntary manslaughter stemming from an outbreak of Legionnaires’ disease believed caused by the bad water in Flint. Eden Wells, the state medical executive, faces similar charges. Richard Baird, a close adviser to Mr. Snyder, faces charges of perjury, obstruction of justice, misconduct in office, and extortion.
Two former emergency managers face misconduct changes, and the list goes on. Now, there is no doubt that former Michigan Gov. Rick Snyder’s administration mishandled the Flint water crisis.
Thousands of people, many of them children, suffered lead poisoning when the state, to save money, switched Flint from using water from the Detroit system to water from the Flint River.
That water turned out to be bad in many ways, and when state officials refused to add an anti-corrosive solution, it caused lead to leach out of old pipes and poison people.
For months the state, which was then running Flint through a succession of emergency managers, ignored warning signs and complaints about the water.
The governor took far too long to take action, which, when he did, was widely seen as too little, too late.
The scandal destroyed both the reputation and political career of Rick Snyder, who was once touted as a possible presidential candidate.
When he was offered a research fellowship at Harvard University in 2019, massive protests prevented him from taking it.
Now, six years after the crisis became a national scandal, he and many other top members of his administration are finally facing charges. The charges themselves are not the main problem.
Nobody denies that the state has both the right and the responsibility to investigate crimes by present and former public officials — though in the case of the former governor, it may set a dangerous political precedent if this seems an attempt to criminalize what were really just bad policy decisions.
But why did the state elect to use the one-man grand jury?
Avern Cohn, a retired federal judge, said it was primarily used to get to the bottom of political corruption scandals in the 1940s and 50s. However, when the law was changed to give Michigan prosecutors investigative subpoena powers in 1995, it became less necessary.
There are other troubling aspects of the prosecution as well.
First of all, the grand juror in this case was a judge from Genesee County, which includes Flint — someone who may have been affected personally by the Flint water crisis.
On top of that is the fact, the Michigan Attorney General’s office is prosecuting the defendants. The attorney general, Dana Nessel, has said she personally is not taking part in the case so as not to present a conflict of interest — but she is a Democrat, Mr. Snyder is a Republican, and she has called him a “soulless monster.”
“Why wasn’t a visiting judge chosen to preside and a special prosecutor appointed?” Judge Cohn said in a letter to Crain’s Detroit Business, a local weekly. (In fact, Kym Worthy, the Wayne County Prosecutor, is acting as a special prosecutor in the Flint case. Still, she is also an elected Democrat.)
The judge is no apologist for the governor; he is a lifelong Democrat who said his main concern is justice.
Attorneys for the defendants have asked for the transcripts of the secret, one-man grand jury sessions to be unsealed, together with all the evidence, so they can help defend their clients.
That is standard procedure in nearly all criminal cases, including traditional indictments by regular grand juries.
But not in this case. Genesee Circuit Judge David Newblatt, also a Democratic appointee, said he would need until June to decide what evidence should be released.
That would seem to put defense attorneys at a disadvantage. There’s no doubt that what happened to the people of Flint was massively unfair. However, that’s all the more reason to make sure that those who may have been responsible are treated fairly.
Jack Lessenberry is a former Blade national editor. He can be reached by email at omblade@aol.com.
First Published March 13, 2021, 5:00 a.m.
