Two wins in court for Flint prosecution team

Michigan

FILE – In this March 21, 2016, file photo, the Flint Water Plant water tower is seen in Flint, Mich. Multiple news outlets report Wednesday, Aug. 19, 2020, that the state of Michigan has reached a $600 million agreement to compensate Flint residents whose health was damaged by lead-tainted drinking water. (AP Photo/Carlos Osorio, File)

LANSING, Mich. (WLNS) —- This week, defendants charged in the Flint Water Crisis were denied motions for preliminary examination and immediate appellate review by a Genesee County circuit judge and a Michigan Court of Appeals judge.

On Wednesday, Judge Elizabeth A. Kelly of the Seventh Judicial Court denied motions for a preliminary examination filed by five defendants who are being charged in connection with the Flint Water Crisis.

In a release of Attorney General Dana Nessel, Kelley is cited as listing the following reasons for denying a preliminary examination,

  • one-person grand juries issue indictments after making a finding of probable cause;  
  • indictees are not entitled to a preliminary examination after such a finding; 
  • one-person grand jury indictments and citizens’ grand jury indictments are equal in the eyes of the law; and 
  • the one person grand jury system does not violate due process.  

A second order was subsequently issued by Michigan Court of Appeals Presiding Judge Mark J. Cavanagh on Wednesday, denying a motion for leave to appeal filed by another defendant in connection with the Flint Water Crisis. Judge Cavanagh noted a failure to convince the court of an immediate need for an appellate review as the reason for denial.

Solicitor General Fadwa Hammond state that this is not only a win for the prosecution but a win for the people of Flint,

 Despite continued attempts by the defendants to delay these cases, we won multiple rulings this week affirming our team’s work to bring these cases to trial,” said Solicitor General Fadwa Hammoud. “These victories are important steps forward to deliver justice for the people of Flint.” 

Solicitor General Fadwa Hammond

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