Charges over Flint water crisis may be hard to prove, lawyers say

The charges brought against two Michigan state officials over the tainted water crisis that recently happened in Flint could be difficult to prove, attorneys close to matter stated. 

According to Reuters, the lawyers familiar with the state's law said the charge against state Department of Environmental Quality water supervisor Stephen Busch and water engineer Michael Prysby might be difficult to prove. The lawyers indicate that to justify an official's misconduct, the prosecutor must be able to show that there is an intent to act either by failing to perform a duty or acting in a way that would violate the duty and lead to conviction.

James Brady, a former federal prosecutor said "It has to be more than really screwing up your job or making a negligent mistake in your job." Official misconduct is a felony, carrying up to five years in prison. Previously, it has been used against Michigan police officers accused of using excessive force and to legislators and public officials like Detroit mayor Kwame Kilpatrick, who pleaded guilty to obstruction of justice. 

Daily Mail added that Flint water quality supervisor Michael Glasgow was also charged with tampering with evidence and neglect of duty. Though, Prysby and Busch already pleaded not guilty, Glasgow is yet to give his. Meanwhile, Republican Attorney General Bill Schuette said  there are more suits to come and it must be maintained that no one should be above the law.

Yahoo wrote that Busch and Prysby violated the anti-misconduct law when they willfully and knowingly misled other regulators, violating their duty to provide 'clean and safe drinking water and protect public health'. Prysby further violated the said law when he issued a permit to the Flint water treatment plan despite knowingits deficiency.

Michigan Governor Rick Snyder has been the focus of outbursts regarding the water crisis. He publicly apologized for the situation but told the media that he doesn't believe that he's criminally liable for the contamination. He said "a handful of bureaucrats created a terrible situation in Flint."

Tags

Flint, water crisis, Michigan, Glasgow, Prysby, Flint water quality, attorney general, Rick Snyder, Department of Environmental Quality

© 2023 Lawyer Herald All rights reserved. Do not reproduce without permission.