As with many things, there is nothing new under the sun.
With Michigan ranking dead last for government transparency, prosecutorial misconduct in Michigan has long been a significant concern.
Further complicating the matter, is the fact that far too many prosecutors refuse to admit when they’re wrong.
These instances underscore the importance of ethical conduct in legal proceedings and the consequences when standards are not upheld.
So today, let’s unpack several high-profile cases highlighting the impact of such actions on the justice system.
Understanding Prosecutorial Misconduct
Prosecutorial misconduct refers to inappropriate or illegal actions taken by a prosecutor, such as:
- Suppressing evidence
- Making improper statements to the jury
- Engaging in unethical behavior
This behavior is problematic because it leads to wrongful convictions and it undermines public trust in the legal system and the Rule of Law.
Notable Cases in Michigan
1. Eric Smith – Macomb County Prosecutor
Former Macomb County Prosecutor Eric Smith was charged in 2020 with embezzling over $600,000 from drug and drunken driving forfeiture funds. He used these funds for personal expenses, including home security systems and parties. Smith pleaded guilty to obstruction of justice and was sentenced to 21 months in federal prison.
Additionally, he was disbarred and ordered to pay restitution.
2. Stuart Dunnings III – Ingham County Prosecutor
Stuart Dunnings III, Ingham County Prosecutor for nearly two decades before being charged in 2016 with engaging in prostitution and misconduct in office. This is paradoxical, as he was recognized as being a Prosecutor who was particularly tough on crimes related to sex work.
He pleaded guilty to a felony count of misconduct in office and a misdemeanor for engaging the services of a prostitute. Dunnings was sentenced to three years of probation, with the first year in jail, and was subsequently disbarred.
3. Flint Water Crisis Prosecutions
The Flint water crisis led to criminal charges against several state officials, including former Governor Rick Snyder and health department executives. However, in 2022, the Michigan Supreme Court ruled that the use of a one-judge grand jury to issue indictments was unconstitutional, leading to the dismissal of charges against multiple defendants. This decision highlighted procedural issues in the prosecution process.
(See Also: Michigan’s top court won’t revive Flint water charges against 7 key figures)
4. LaVone Hill Conviction Overturned
In 2024, LaVone Hill was released after serving 22 years for a double murder conviction. His conviction was based on testimony from a Detroit police officer who was later found to be involved in criminal activities, including bank robbery.
The Wayne County Prosecutor finally acknowledged that the officer’s testimony was pivotal in Hill’s conviction, leading to its overturning, but a glaring issue remains. For 22 years, other prosecutors working in that office, inhabiting that seat, ignored this wrongful conviction and failed to act.
Addressing Prosecutorial Misconduct
Michigan has taken steps to address prosecutorial misconduct, including disciplinary actions against offending prosecutors and implementing reforms to ensure ethical conduct.
However, these cases demonstrate the ongoing need for vigilance and accountability within the legal system to prevent future misconduct and protect the rights of defendants. The way we incentivize cases and convictions matters, and reform is not just a “nice to have”; it’s critical.
