(WWJ) The team of prosecutors handling the case against officials blamed for the Flint water crisis say they're angry about the latest developments, but they're not giving up on fighting for residents who were poisoned by lead.
In a statement released Tuesday Wayne County Prosecutor Kym Worthy, Solicitor General Fadwa Hammoud and the Flint Water Prosecution Team decried the dismissal of the case against defendants in the Flint criminal prosecution.
They say in the statement that they remain "committed to Flint" after Judge Elizabeth Kelly’s threw out felony charges Tuesday against seven people in the scandal, including two former state health officials who are blamed for deaths from Legionnaires' disease.
WWJ's Charlie Langton reports that Kelly's move came as no surprise, after the Michigan Supreme Court in June said another judge acting as a one-person grand jury had no authority to issue the indictments.
The statement by Worthy, Hammoud and their team reads as follows:
"We are committed to Flint.
"Despite the prosecution’s tireless pursuit of justice for the victims of the water crisis, the courts have once again sided in favor of well-connected, wealthy individuals with political power and influence instead of the families and children of Flint.
"The proceedings up to this point have been a challenge of process that ultimately led to the Supreme Court, where a prosecutorial tool that has been relied upon for decades was suddenly changed. That same tool has been used and was historically upheld by the appellate courts in various jurisdictions in Michigan to bring charges against defendants of often-limited means. However, it was not until its use in this case against these privileged and well-funded defendants that the courts did see fit to overturn established precedent and procedure.
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"We longed for the day when we would present the evidence against the defendants to a jury. However, these defendants have spared no expense to ensure that these cases were disposed of by judges based upon anything except the merits of the cases. As a result, the victims of Flint have never had their day in court.
"There are not adequate words to express the anger and disappointment felt by our team, who have spent years on this case only to see it thwarted based upon a new interpretation of a nearly century-old law. Though it may be of little comfort, the people of Flint have always had on their side a dedicated team of lawyers and advocates committed to justice and with the sincere belief that what happened to the people of Flint is a crime.
"The civil settlements are not sufficient. Compensation is not the same as accountability for those who allegedly allowed an entire town to be poisoned. And it is not the same as justice.
"The prosecution has pledged to exhaust all available legal options to pursue this case and that pledge remains. The team will review today’s ruling and continue its pursuit of justice for Flint.”
WWJ's Charlie Langton reports that Kelly's decision does not affect Rick Snyder, as the former governor was charged separately from the seven with two misdemeanor counts of willful neglect of duty. While Snyder's case is being handled by another judge, he was indicted in the same process declared invalid by the Supreme Court.
Langron reports that this does not mean this is over, as the Attorney General could file charges again, against Snyder or any of the seven.
"That is possible," Langton said, speaking live on WWJ Newsradio 950 on Tuesday. "However, since the Flint water crisis actually started back in 2014 — at least, that's the year of the alleged criminal activity — some, not all, but some of the charges could go away because of the statute of limitations."
Snyder is due in court for a motion hearing on Oct. 26.
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