Ethics

Possible Prosecutorial Misconduct in Michigan

By Ed Brayton

We've got a prosecutor in Macomb County, Michigan who is finding himself in some serious controversies. Eric Smith has already attracted national attention by charging an HIV-positive man under a state bio-terrorism law for biting a neighbor after the neighbor allegedly attacked him and started beating him up. We've been all over that case at the Michigan Messenger.

Now he's in some potential hot water for allegedly retaliating against a defendant by turning two misdemeanor charges into four felony charges after the defendant posted a Youtube video accusing the police and the prosecutor of misconduct. And a judge has now ruled that there is sufficient evidence against Smith to proceed in that case, which is highly unusual.

Full post as published by Dispatches from the Culture Wars on December 15, 2009 (boomark / email).