Ignore Supreme Court’s order to dismiss Flint defendant’s charges

Following a Tuesday defeat in the Michigan Supreme Court, Attorney General Dana Nessel’s office on Friday sought to lessen the effects of the high court order on its Flint water prosecution by asking a lower court to maintain the validity of the charges instead of granting the nine defendants an outright dismissal.

In the case of at least one defendant, the request is akin to asking the lower court to ignore the Supreme Court’s order to dismiss the case.

Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym Worthy filed nine motions in Genesee County district and circuit courts Friday seeking preliminary examinations for those charged with felonies and permission to proceed through a formal complaint in the cases of those charged with misdemeanors.

“The opinion issued by the court outlined new rules regarding the process related to Michigan’s one-man grand jury statute and these motions comply with those rules,” Hammoud said in a statement. “We are confident that the evidence in these cases supports the charges and look forward to proving that in court.”

But the Supreme Court, in the case of former state health director Nick Lyon, didn’t just order a preliminary examination. The justices said a lower court shouldn’t have denied Lyon’s motion to dismiss his case and ordered the lower court to conduct proceedings “consistent with this opinion.”

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