From [HERE] The Michigan Supreme Court Tuesday ruled that defendants charged in connection with the Flint water crisis are entitled to preliminary examinations. Three state employees, Nancy Peeler, Richard L. Baird and Nicolas Lyon, were charged for their roles in the Flint water crisis under Michigan’s obscure and rarely used “one-man grand jury statute.” The law allows a single judge to consider evidence in private chambers and issue an indictment authorizing criminal charges.

The court stated,

Nancy Peeler, Richard L. Baird, and Nicolas Lyon were state employees investigated and charged for their roles in the Flint water crisis. But for some reason, they were not charged the way that almost everyone in Michigan is charged—with a criminal complaint issued by a prosecutor and followed by a preliminary examination in open court at which the accused can hear and challenge the prosecution’s evidence. Instead, the prosecution chose to proceed with these cases using what have become known as the “oneman grand jury” statutes, MCL 767.3 and MCL 767.4. A Genesee County judge served as the one-man “grand” jury and considered the evidence not in a public courtroom but in secret, a Star Chamber comeback. The one-man grand jury then issued charges. To this day, the defendants do not know what evidence the prosecution presented to convince the grand jury (i.e., juror) to charge them.

We consider two questions about the one-man grand-jury statutes. First, if charged by a one-man grand jury, is a defendant entitled to a preliminary examination? Second, can a judge issue an indictment authorizing criminal charges against a defendant?

In Peeler and Baird, we hold that the answer to the first question is yes. In Lyon, we hold that the answer to the second question is no. We therefore reverse the June 16, 2021 order of the Genesee Circuit Court denying Peeler’s and Baird’s motions to remand for a preliminary examination and reverse the Genesee Circuit Court’s February 16, 2022 order denying Lyon’s motion to dismiss. We remand all three cases to the Genesee Circuit Court for further proceedings consistent with this opinion.

The one-man grand jury charged the defendants with misconduct in office, perjury, willful neglect of duty, obstruction of justice and more than nine counts of manslaughter. The defendants argued that Michigan law requires a prosecutor, not a judge, to issue indictments in a public courtroom so that a defendant is aware of what he’s being charged with and has an opportunity to present evidence to defend himself. The State argued that a preliminary examination would be redundant because the judge must already decide if there is probable cause.

The justices said the one-judge grand jury could investigate but not indict. Ultimately, the Michigan Supreme Court found that if a court uses a one-man grand jury, the defendant is entitled to a preliminary examination, and that a judge may not issue an indictment authorizing criminal charges. The cases were remanded to the state district court ostensibly to order preliminary hearings.

Contrary to dependent media reports the cases were not dismissed and Governor Rick Snyder’s criminal case was not dismissed. Snyder was charged with two misdemeanors of willful neglect.

But on Tuesday, the Michigan Supreme Court ruled unanimously that the one-judge grand jury that Attorney General Dana Nessel’s office appointed to investigate and indict state officials, including Snyder, for alleged Flint water crimes, acted outside of state authority.

Snyder and his attorney say the Supreme Court ruling should mean charges against him are dropped. Lawyers for other Flint defendants are pursuing the same remedy. [MORE]

However, on Friday, state prosecutors filed motions to restart Flint water crisis. Solicitor General Fadwa Hammoud said the legal process is moving forward.

"The Supreme Court did not question the merit of our cases, nor evaluate the evidence in these proceedings,” said Hammoud. “The opinion issued by the Court outlined new rules regarding the process related to Michigan’s one-man grand jury statute and these motions comply with those rules.”

The motions filed Friday:

The first motions apply to the defendants facing felony charges, asking for the cases to be remanded to the District Court for preliminary exams, in accordance with the Supreme Court’s opinion.

The second motions apply to the defendants charged only with misdemeanors. These motions inform the Court the cases will proceed as though upon formal complaint, as allowed under the criminal statute MCL 767.4.

“As prosecutors, it is our duty to pursue all available means to secure justice for the people we serve, and I am committed to seeing this prosecution through to its conclusion," said Kym Worthy, Wayne County Prosecutor and co-leader of the Flint water prosecution team.

The indictments were originally handed down in January, 2021.

It was the second time officials were charged with criminal counts related to the Flint water crisis. Attorney General Dana Nessel’s office dropped the original charges, citing problems with the previous investigation. The charges are considered groundbreaking: No governor or former governor in Michigan’s 184-year history had been charged with crimes related to their time in that office, according to the state archivist. Additionally, elected government authorities are rarely held accountable for harm to the public.

The alleged offense date is April 25, 2014, when a Snyder-appointed emergency manager who was running the struggling, majority Black city carried out a money-saving decision to use the Flint River for water while a regional pipeline from Lake Huron was under construction.

The corrosive water, however, was not treated properly and released lead from old plumbing into homes in one of the worst man-made environmental disasters in U.S. history.

Despite desperate pleas from residents holding jugs of discolored, skunky water, the Snyder administration took no significant action until a doctor reported elevated lead levels in children about 18 months later.

“I’m sorry and I will fix it,” Snyder promised during his 2016 State of the State speech.

Authorities counted at least 90 cases of Legionnaires’ disease in Genesee County, including 12 deaths. Some experts found there was not enough chlorine in the water-treatment system to control legionella bacteria, which can trigger a severe form of pneumonia when spread through misting and cooling systems.

The disaster made Flint a national symbol of government dereliction, with residents forced to line up for bottled water and parents fearing their children had suffered permanent harm. Lead can damage the brain and nervous system and cause learning and behavior problems. The crisis was highlighted as an example of environmental injustice and racism. [MORE]