LANSING – This morning, the Michigan Supreme Court (MSC) declined to hear appeals of lower court orders dismissing the felony charges in connection with the Flint Water Crisis. The dismissal is predicated on the MSC’s own 2022 ruling, which upended decades of precedent upholding the use of one-man grand juries.
“The Flint Water Crisis was not caused by an act of nature,” the Flint Water Prosecution Team said. “It resulted from the direct actions of a small group of people in power who chose financial savings for the State over the health of Flint residents, and then conspired to hide the truth from the public. We are deeply disappointed in the Michigan Supreme Court’s ruling.”
The one-man grand jury process used in these prosecutions has been applied for over 100 years by prosecutors all over the State of Michigan and has resulted in thousands of prosecutions and convictions. Due to these MSC rulings, the evidence in the seven affected Flint Water cases has not been heard by any court, aside from the grand juror who found probable cause to charge these defendants. The Court’s ruling was not based on the facts of this case and did not in any way imply that the defendants are innocent.
Tens of thousands of Flint residents were exposed to lethal chemicals and bacteria in their water, causing untold harm. The true scope of this disaster may never be fully known, but we know that adults and children were poisoned, and we know Flint residents died unaware that their drinking water was not just unsafe, but deadly.
“The Michigan Supreme Court owed it to the people of Flint to let this case be heard,” said Flint Mayor Sheldon Neeley. “Through legal maneuvering, the people of Flint have been denied the opportunity to even bring evidence into a courtroom, layering on another injustice perpetrated against Flint residents. As we attempt to rebuild trust in government in the aftermath of the Flint Water Crisis, this decision further erodes that sacred trust in a representative government's ability to serve the people through appropriate checks and balances. The powerful men and women in this state, who poisoned the water in our faucets, found a very unfair victory today based on a technicality. This does not mean that they are innocent; only that they will not be held accountable for their crimes. I appreciate the Flint Water Prosecution Team’s dedication to seeking justice on behalf of Flint residents. I urged the Attorney General's Office to investigate in September 2015, to determine whether agents of the state were culpable for the crimes of the Flint Water Crisis and I will continue to diligently fight on behalf of the people of Flint.”
“This is a devastating ruling,” said Art Woodson, Flint resident. “What we’ve suffered through in the city of Flint is irreparable. Some of our children will deal with the effects of the Water Crisis their entire lives, and our hope for justice has been thoroughly shattered. For the Court to say today that nobody can be held accountable for their crimes here, against the people of Flint, because the prosecution relied on a process the courts have held up again and again over decades without considering the evidence is heartbreaking.”
Outside of the one-man grand jury, no court has ever ruled on the merits of these cases and evidence has not been made available to the public. Furthermore, the evidence supporting the felony charges remains sealed and the statutes involved make it a misdemeanor to release any of the information presented to the one-person grand jury, per MCL 767.4. Failure to follow this law would result in misdemeanors for anyone responsible for releasing this material.
The Flint Water Prosecution Team will be exploring this matter with the legislature, prosecutorial partners, and others to take the necessary action to allow for the evidence to be shared with the public and the people of Flint, who most deserve to know the truth. It is imperative that our team be empowered to release all of the reports, testimony, opinions, and documents that supported the prosecution of these defendants. The people of the State of Michigan, and in particular the people of the City of Flint, deserve to know the truth, and this team is committed to that goal.
In 2019, upon taking office, Attorney General Dana Nessel implemented a conflict wall in place to ensure the criminal investigation and civil litigation following the Flint Water Crisis were conducted by completely separate teams. The Department of Attorney General was bound to represent the State in defense of the civil litigation, and Nessel led the civil litigation team. As such, Prosecutor Kym Worthy, then-Solicitor General Fadwa Hammoud, and a team of experienced prosecutors and investigators led the criminal prosecutions stemming from the Flint Water Crisis. AG Nessel has had no operational involvement with the felony prosecutions.
Nine defendants were charged by the Flint Water Crisis prosecutors in January 2021:
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One count of perjury - a 15-year felony
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Four counts of misconduct in office - each a five-year felony and/or $10,000 fine
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One count of perjury - a 15-year felony
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One count of official misconduct in office - a five-year felony and/or $10,000 fine
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One count of obstruction of justice - a five-year felony and/or $10,000 fine
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One count of extortion - a 20-year felony and/or $10,000 fine
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Two counts of willful neglect of duty - each a one-year misdemeanor and/or $1,000 fine
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Three counts of misconduct in office - each a five-year felony and/or $10,000 fine
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Nine counts of involuntary manslaughter - each a 15-year felony and/or $7,500 fine
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One count of willful neglect of duty - a one-year misdemeanor and/or $1,000 fine
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Two counts of misconduct in office - each a five-year felony and/or $10,000 fine
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One count of willful neglect of duty - a one-year misdemeanor and/or $1,000 fine
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Two counts of willful neglect of duty - each a one-year misdemeanor and/or $1,000 fine
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Nine counts of involuntary manslaughter - each a 15-year felony and/or $7,500 fine
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Two counts of misconduct in office - each a five-year felony and/or $10,000 fine
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One count of willful neglect of duty - a one-year misdemeanor and/or $1,000 fine
The misdemeanor charges against former Governor Richard Snyder and Howard Croft are still pending. The Prosecution Team is reviewing the statutes and considering next steps on the felony charges.
“The Flint Water Crisis is not some relic of the past. At this very moment, the people of Flint continue to suffer from the categorical failure of certain public officials, who trampled on their trust and evaded accountability for far too long. We understand that our work is not done, and the criminal justice system alone cannot remedy all the suffering that every victim endured. Despite today’s outcome, we take seriously our continued role in restoring trust and transparency in government,” the Prosecution Team concluded.
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Please note: For all criminal proceedings, a criminal charge is merely an allegation. The defendant is presumed innocent unless and until proven guilty. The Department does not provide booking photos.
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