Prosecutors in Flint water case plan to appeal after judge dismisses charges against 7 people
FLINT, Mich. (CBS DETROIT) - The prosecution team in the Flint water case says it plans to appeal a judge's order to dismiss charges against seven people.
On Tuesday, the team issued a statement:
"The residents of Flint have waited years for their day in court. The court proceedings up to this point have been a challenge to the process, not the merits of the case. The public deserves to hear the evidence against these defendants. Remanding these cases for preliminary exam is the next logical step in the legal process based on the ruling from the Michigan Supreme Court.
The Michigan Supreme Court did not abolish the one-person grand jury, but instead more specifically defined the process, leaving a path for the prosecution to pursue charges against the defendants. The prosecution followed the law in using the one-person grand jury process from the beginning and is prepared to move forward on the valid warrants issued in these cases in compliance with the new process defined in the opinion from the Court.
The prosecution is ready to present their case and looks forward to seeing the people of Flint have their day in Court."
This comes weeks after Judge Elizabeth Kelly dismissed charges against seven people, including two former state health officials blamed for deaths from Legionnaires' disease.
Kelly dismissed the charges after a Michigan Supreme Court judge ruled that a one-judge jury did not have the authority to issue indictments.
Officials say Kelly's decision did not impact former Gov. Rick Snyder because he was charged with misdemeanors and his case was handled by a judge in a different Flint court. However, the Supreme Court also said Snyder was indicted in a process declared invalid.
Earlier this month, Snyder asked a judge to dismiss the charges against him. Snyder's legal team argued the "same law and logic" must be applied after the indictment were deemed invalid.