The laws of the state of Michigan do not authorize a judge to issue indictments as a one-man grand jury without a preliminary hearing, something that did not happen in this case, the Supreme Court ruled.
Prosecutors said they had the discretion to opt out of a preliminary hearing on former state officials when a Genesee County Circuit judge issued the indictments.
In Michigan, a preliminary examination is used by prosecutors and defense attorneys to present evidence and testimony prior to indictment.
Three former state officials have appealed the matter, eventually bringing the matter to the state Supreme Court.
Snyder was not one of them. The ex-governor’s legal team will propose to drop the charges against the governor based on the opinion, according to a statement from Snyder’s legal team.
CNN contacted Snyder’s office for comment. Snyder’s legal adviser told CNN that his client had been turned into a scapegoat by a politically-led ombudsman.
Michigan Attorney General Fadwa Hammoud said the prosecution team will continue to monitor the charges.
“Our reading is that the Court’s opinion interprets the single-jury procedure as requiring an indictment to be filed in the district court and includes a preliminary examination. Our team is ready to proceed with this procedure,” Hammoud said in a statement. decision.
“We are prepared and determined to prove the allegations against the accused in court and we are committed to completing this process.”
Despite the dismissal of the charges, the Supreme Court acknowledged the seriousness of the allegations related to the Flint water crisis.
“If the allegations can be substantiated, it is impossible to fully state the extent of the damage caused by government agents to an innocent group of people – a group of people assigned to serve. The Flint water crisis is one of its greatest betrayals. country to the citizens by their government “, the opinion states.
“However, the prosecution of these defendants must comply with the appropriate procedural requirements due to the magnitude of the damage caused to the residents of Flint.”
