DETROIT (WXYZ) — A bombshell ruling in the Flint water case could send a ripple throughout other cases in Michigan.
Prosecutors used a rare statute exclusive to Michigan called a one-man grand jury to secure the indictments against eight people involved in the Flint water crisis.
The one-man grand jury involves one judge who acts as one juror reviewing evidence privately and identifying probable cause to issue an indictment. But on Tuesday the state Supreme Court ruled that the law only authorizes a judge to investigate, subpoena witnesses and issue arrest warrants, not issued indictments
According to Wayne County Prosecutor Kym Worthy, it can be hard to get people to speak out about crimes they see because of fear of retaliation. One of the ways to combat that, according to Worthy, is the one-man grand jury. In that instance, a person can speak to one judge in private, opposed to testifying on the stand. However, now that process is being called into question.
Tuesday, Michigan’s Supreme Court defined and restricted the role of the one-man grand jury.
In a statement, Worthy says, “This has been a powerful tool to combat the ‘no snitch mentality’ and I am disappointed and fearful for what the future will hold without this important criminal process.”
Worthy says she is now actively looking at pending cases to see how to adjust and proceed. Worthy is not the only one.
“Lawyers in our firm are evaluating and preparing motions,” said Todd Perkins, an attorney with Perkins Law Group.
Perkins says a lot of court cases could now be revisited and convictions overturned.
“I would say probably hundreds, of course,” said Perkins.
It could overcrowd an already crowded court system. Macomb County Prosecutor Peter Lucido says he personally does not use the one-man grand jury system, although he believes every tool has its use. However, Lucido says he does not understand why it was used in connection to the Flint water crisis.
“I can’t understand what was the motive of one person making a decision so large as this?” said Lucido.
Ultimately, Lucido says it’s the people of Flint who could be failed.
“Will there every be justice? Based on this opinion here these individuals were denied their rights and as a result did the system fail those in the city of Flint?” said Lucido.
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