Al Goldis/AP,文件
在这张2018年1月23日的档案照片中,密歇根州州长里克·斯奈德(Rick Snyder)发表了他的统计数据..
密歇根州东区法院的一名联邦法官表示,她将等待决定前密歇根州州长里克·斯奈德和其他四人是否必须在与弗林特水危机有关的民事诉讼中出庭作证。
美国地方法院法官Judith Levy听取了代表Snyder、他的前助手Rich Baird、Flint公共工程部前主任Howard Croft以及前紧急事务经理Gerald Ambrose和Darnell Early的律师的辩论,他们在周二的动议听证会上提出了他们的案件,以停止向他们的客户发出传票。
9名前州官员于2021年1月14日被起诉,共受到42项与弗林特水危机有关的指控,其中包括斯奈德,他面临两项故意玩忽职守的轻罪指控,对此他予以否认。克罗夫特被指控故意玩忽职守。贝尔德被指控犯有伪证罪、妨碍司法公正、渎职和敲诈勒索等重罪。厄尔利和安布罗斯被指控几项任职期间的渎职行为。
这两名前政府官员对各自的指控不认罪,他们是针对两家工程公司的民事诉讼的潜在证人。
这五名被告在被指控之前,在2020年的录像证词中回答了问题。虽然这些录音证词可以在针对洛克伍德(Lockwood)、安德鲁斯&纽曼(Andrews & Newman)和威立雅北美(Veolia North America)的民事审判中在陪审团面前播放,但他们的律师认为,除此之外,他们不应被迫作证,以防止潜在的指控。
洛克伍德,安德鲁斯&纽曼和威立雅北美,这两家审查弗林特供水系统的承包工程公司,正被四名儿童起诉,他们因密歇根城被污染的饮用水而受到铅污染。该诉讼称,工程公司犯有专业过失,没有为城市官员提供充分的建议,也没有确保从弗林特河抽取的水得到适当的处理。兰和均否认有任何不当行为,称市政府和市政府削减成本的努力是铅污染的罪魁祸首。
这些工程公司没有参与去年6.26亿美元的和解诉讼,该诉讼涉及对密歇根州,弗林特市,罗专业服务公司和麦克拉伦弗林特医院的损害索赔。
这项最新的审判将测试这些公司的潜在责任,并可能影响其他未决诉讼。民事审判于2月28日开始,预计将持续数周。
Former Michigan Gov. Rick Snyder plans to plead the Fifth in Flint lawsuit
A federal judge in Michigan’s Eastern District Court says she will wait to decide whether former Michigan Gov. Rick Snyder and four others will have to appear before a jury to testify in a civil lawsuit connected to the Flint water crisis.
U.S District Court Judge Judith Levy heard arguments from attorneys representing Snyder, his former aide Rich Baird, Howard Croft, the former director for Flint’s Department of Public Works, and former emergency managers, Gerald Ambrose and Darnell Early, who made their cases in a motion hearing Tuesday to halt subpoenas issued to their clients.
Nine former state officials were indicted on Jan. 14, 2021, for a total of 42 counts of charges related to the Flint water crisis, including Snyder who is facing two misdemeanor charges of willful neglect of duty, which he has denied. Croft was charged with willful neglect of duty. Baird received felony charges of perjury, obstruction of justice, official misconduct and extortion. Earley and Ambrose were charged with several counts of misconduct in office.
The former state officials have pleaded not guilty to their respective charges and are potential witnesses in a civil trial against two engineering companies.
The five defendants answered questions in videotaped depositions made in 2020 before they were charged. While those taped depositions could be played before a jury in the civil trial against Lockwood, Andrews & Newman (LAN) and Veolia North America (VAN), their attorneys argued they should not be forced to testify beyond that to prevent potential incrimination.
Lockwood, Andrews & Newman and Veolia North America, two contracted engineering firms that reviewed Flint’s water system, are being sued by four children who were exposed to lead contamination due to the Michigan city's tainted drinking water. The lawsuit claims the engineering firms committed professional negligence for adequately advising city officials and not ensure the water being pulled from the Flint River was properly treated. Both LAN and VNA deny any wrongdoing, citing the city's and state’s efforts to cut costs as the culprit behind the lead contamination.
The engineering firms were not a part of last year's $626 million settlement litigation involving damage claims against the state of Michigan, the city of Flint, Rowe Professional services and McLaren Flint Hospital.
This latest trial will test the firms’ potential liability and could influence other pending litigations. The civil trial started on Feb. 28 and is expected to continue for several more weeks.