Lawyers Spar Over Discovery in Case Against Former Michigan Governor

FLINT, Mich. (CN) — The criminal case against former Michigan Governor Rick Snyder for his role in the Flint water crisis inched forward Tuesday morning, when attorneys squabbled over deadlines for discovery as they wait for a ruling from an appeals court.

“I had no idea the appeal would take this long,” said Genesee County District Judge William Crawford. “We have to start moving with this case.”

Crawford said he was considering amending an order regarding deadlines after he agreed to stay them all as a challenge over venue and jurisdiction was appealed.

“I do have concerns [about the evidence], but I do also believe in judicial economy,” the judge said at the last hearing on March 30. “If it goes the distance, this case will be here two or three years. Whether it’s my or another court, it’s going to be a lot to handle.”

Snyder’s lawyer Brian Lennon of Warner Norcross + Judd voiced his frustration Tuesday that he had only seen 4 million documents in discovery and was told there were more than 19 million in total. He also complained his attorney-client communications were wrongly shared with other defendants.

“This is a mess, your honor,” he told the judge. “The basic stuff we asked for, we don’t have.”

Prosecutor Bryant Osikowicz had little sympathy for Lennon’s plight.

“Mr. Lennon wants to go quickly as possible when it suits him," the state's assistant attorney general said. "He had no problem staying this case…now all of the sudden he needs all this discovery right away. If he as a problem with it, file a motion and we can address it in court.”

Lennon said that some information provided to him was protected by mediation rules since it involved the city of Detroit's bankruptcy case. He said he filed a motion with the U.S. Bankruptcy Court to ask for an order of contempt and compel the attorney general’s office to resubmit the documents with the privileged information removed.

Crawford said the discovery stay was technically still in effect so all deadlines would be held in abeyance until a motion is filed to modify the terms.

“If the motion is to move the case forward, I will take a strong look at it,” he said. “I see no benefit to this case sitting. We are wasting valuable time.”

The judge implored the parties to confer about providing discovery documents until the appeal is resolved.

Lennon has challenged the venue of Genesee County, where Flint is located. He cited a 2019 ruling from the Michigan Supreme Court to suggest the charges should be filed in the county where the alleged crimes occurred, in this case in Ingham County, where Snyder’s offices in the state capital of Lansing were located.

Lennon also questioned if Genesee Circuit Court Judge David Newblatt, serving as a one-man grand jury, had the authority to return an indictment.

A motion to dismiss the criminal case, in which Snyder is charged with two counts of willful neglect of duty, was denied by Crawford on March 18. It was debated for weeks as Crawford was initially not certain of his authority in the sprawling scandal but ultimately sided with prosecution.

“Since the only county listed, Genesee County, is within the grand juror’s jurisdiction, multi-county jurisdiction is not invoked and therefore the motion to quash is denied,” he said at the time.

In January, Snyder appeared in court to plead not guilty to the charges. Crawford ordered the former governor not to leave the state without permission and set a personal recognizance bond at $10,000 for each of the two counts.

The Flint water crisis began in April 2014 when a state-appointed emergency manager switched the city’s drinking water supply from Lake Huron water treated in Detroit to Flint River water treated at the Flint Water Treatment Plant. Michigan Department of Environmental Quality officials admitted they failed to require corrosion-control chemicals as part of the water treatment process.

Flint switched back to the Detroit water system in October 2015.

In his 2016 State of the State speech, Snyder addressed the people of Michigan with a quivering voice  as he apologized repeatedly for the moves that led to the crisis.

“I’m sorry, and I will fix it,” Snyder said at the time. “Government failed you – federal, state and local leaders – by breaking the trust you placed in us.”

The move to switch water supplies was a cost-cutting one, taking filtration responsibilities from the Detroit Water and Sewage Department and reassigning it to a city plant.

The water was not treated properly, however, and lead pipes infected the supply. Flint residents quickly complained of strange-tasting, cloudy water, but city and state leaders continued insisting that the supply was safe. Months later, researchers began publicizing high lead levels in the blood of Flint children.

Flint will soon complete construction of a secondary water pipeline, an infrastructure improvement mandated by the U.S. Environmental Protection Agency. 

“Completion of this project means the city of Flint will never again use the Flint River as a source of drinking water,” Mayor Sheldon Neeley said.

He added: “This is another important step forward in our work to repair Flint’s water infrastructure. We still have work to do, but I am proud of the progress we are making to move our community forward in a positive direction.”

Flint continues to closely monitor its water quality. It has tested far below federal action levels for lead since 2016, according to a press release from the city. Additional monitoring will take place when the secondary water pipeline is connected and during other major infrastructure projects. 

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