<mediadc-video-embed data-state="{"cms.site.owner":{"_ref":"00000161-3486-d333-a9e9-76c6fbf30000","_type":"00000161-3461-dd66-ab67-fd6b93390000"},"cms.content.publishDate":1656440749588,"cms.content.publishUser":{"_ref":"00000172-ebac-d265-adff-fffc847c0001","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"cms.content.updateDate":1656440749588,"cms.content.updateUser":{"_ref":"00000172-ebac-d265-adff-fffc847c0001","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"rawHtml":"
var _bp = _bp||[]; _bp.push({ "div": "Brid_56431912", "obj": {"id":"27789","width":"16","height":"9","video":"1042366"} }); rn","_id":"00000181-ab8f-da7c-a7c7-ebef98b20000","_type":"2f5a8339-a89a-3738-9cd2-3ddf0c8da574"}”>Video EmbedThe Michigan Supreme Court ruled on Tuesday that charges against former Republican Gov. Rick Snyder in the Flint water scandal were void, as the judge had no legal authority to issue the indictments in the first place.
The decision also clears Snyder’s health director and seven other officials of charges for their involvement in lead-contaminated water in Flint’s water system in 2014, arguing that in the case of a “one-man grand jury” those accused were entitled to a preliminary examination.
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“The Flint water crisis stands as one of this country’s greatest betrayals of citizens by their government. Yet the prosecution of these defendants must adhere to proper procedural requirements because of the magnitude of the harm that was done to Flint residents,” Justice Richard Bernstein wrote in a concurring opinion.
State laws authorize a judge “to investigate, subpoena witnesses, and issue arrest warrants” but do not authorize the judge “to issue indictments initiating a criminal prosecution,” the court said in a 6-0 opinion, with one judge not participating.
Michigan’s one-person grand jury process is an uncommon method used in criminal cases that involves a judge reviewing evidence privately to find probable cause to bring an indictment.
In 2021, a Genesee County judge charged Snyder and eight others for their role in the Flint water crisis. Snyder was charged with two counts of willful neglect of duty. His former Health Director Nick Lyon and the state’s former Chief Medical Executive Eden Wells were charged with involuntary manslaughter for nine deaths related to Legionnaires’ disease, which is caused by a type of bacteria that was found in Flint’s water system.
Thousands of Flint residents were exposed to dangerous levels of lead through the municipal water supply in 2014-15, which contributed to an outbreak of Legionnaires’ disease, after city managers appointed by Snyder switched the city’s water source to the Flint River as a cost-saving measure.
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Three of the Michigan Supreme Court’s justices were appointed by Snyder, one of whom was Justice Elizabeth Clement, who did not participate “due to her prior involvement as chief legal counsel” for Snyder. The two others sided with the unanimous opinion.
As part of the court’s opinion, the cases against Lyon, Nancy Peeler, and Richard Baird will go back to Genesee County Circuit Court for preliminary examinations.
