My heart goes out to all those whose lives have been turned upside down by the terrible tornadoes hitting the Kentucky, Tennessee, Arkansas and other states this past weekend. The loss of life and property is overwhelming.
Last week I expressed my displeasure of AG Nessel for trying to insert herself and her office into the investigation of the Oxford High School shooting when she was not asked, and an independent investigation is being handled by the Oakland County Sheriff’s office. I opined that it was just another political move by Nessel to gain votes for her upcoming re-election.
Recently I was forwarded a story of another incident involving AG Nessel and her filing charges against Lowell Police Officer Jason Diaz that were dismissed by an Ionia County circuit court judge. On December 9, in dismissing the charges, the judge said the officer was justified when he fired his weapon at a car driving at him. The charges were filed by AG Nessel in March 2021 despite Officer Diaz being cleared of wrongdoing by the Ionia Sheriff’s office following an independent investigation. The incident occurred on Aug. 29, 2020 when now-former Lowell Police Officer Jason Diaz became involved in a chase with a fleeing suspect, MLive reported. After the high-speed chase through Kent and Ionia Counties, Officer Diaz allegedly fired eight shots at the suspect’s car. Lowell police said at the time that Officer Diaz fired at the car as it was driving at him. One of the shots grazed a teenage passenger’s head but he was not seriously injured. Another passenger was shot in the arm. Lowell Police Chief Chris Hurst said Officer Diaz, 40, was placed on paid administrative leave after the officer-involved shooting as is protocol while the incident is under investigation. The Ionia County Sheriff’s Office investigated the shooting, MLive reported. The Michigan Fraternal Order of Police (FOO) said Officer Diaz was cleared of wrongdoing and put back on patrol a few weeks ago. But that didn’t stop the Michigan attorney general from filing charges against Diaz.
And then there is this article which appeared in the Detroit News on December 12 regarding AG Nessel filing nine counts of criminal manslaughter against former DHHS Director and others for the Flint water crisis. The article was written by Detroit News reporter, Beth LaBlanc.
Four health care associations have asked a Genesee County judge to dismiss a criminal case against former Michigan Department of Health and Human Services director Nick Lyon related to his handling of the Flint water crisis. In a series of filings, the groups told Judge Elizabeth Kelly they were “deeply concerned” about what the case may mean for public health officials who may be “prosecuted for the alleged errors or omissions of their agencies in carrying out infectious disease investigations.” Lyon was charged in January with nine counts of involuntary manslaughter and one count of willful neglect of duty in relation to a Legionnaire’s disease outbreak believed to be linked to the Flint water crisis. Solicitor General Fadwa Hammoud said at the time that Lyon’s charges were related to his “failures and grossly negligent performance of his legal duties while director of MDHHS.”
Among the filings were briefs from the Association of State and Territorial Health Officials, the Council of State and Territorial Epidemiologists, the Michigan Association of Health Plans and the Michigan Association for Local Public Health. The briefs were filed ahead of a January hearing on Lyon’s motion to dismiss the case against him based on Solicitor General Fadwa Hammoud’s use of a one-person grand jury to indict the former health director and several others. Kelly still has to decide whether to allow the groups to weigh in through amicus briefs. The four briefs submitted Dec. 3 argue that the decisions health officials make, especially during a state of emergency, are sometimes made under pressure and with incomplete information. Were a health official to be disciplined for a mistake made under those elements, it would likely have a chilling effect on the profession, the industry groups argued.
“… Criminalizing the decision-making process during a public health emergency would set dangerous precedent and detrimentally affect the government’s ability to attract and retain qualified individuals to serve as public health officials,” the Michigan Association for Local Public Health said in its brief. The association is made up of county, city and district health departments throughout the state.
“Public health officials are often forced to make difficult, discretionary decisions in emergency situations — and the policy of the state should not be to second-guess those decisions criminally,” said the Michigan Association for Local Public Health.
“… This case could threaten public health nationwide and create a serious obstacle to the life-and-death decision-making that public health officials inevitably face when a serious public health crisis arises,” the Association of State and Territorial Health Officials said.
In addition to the possibility that the charges overturn governmental immunity principles, the health groups expressed concern over the confusion the charges have caused over the duty of public health officials — whether it is to each individual resident or the “public health” at large and whether notification of the public is a duty.
“Given the lack of any legal requirements regarding the issuance of public notice and the unique circumstances associated with any particular outbreak or public health crisis, any criminal charges related to the decision of when to issue notice are wholly inappropriate and detrimental to public health,” the Council of State and Territorial Epidemiologists said in its brief.
AG Nessel Is using her office for political gain, which is not the role of an AG.
What are you doing today to stop violence? What are you doing today to expand mental health services for those in need? What are you doing today to make sure your guns are not are accessible to minors in your household?
Stay Safe. Social Distance. Wear your mask when indoors in public places. Schedule your vaccine and booster.
Orchid of the Day: The victims of Larry Nassar who finalized a $380 million settlement with USA Gymnastics and USA Olympic and Paralympic Committees
Onion of the Day: President Biden, as Commander in Chief, for not attending the Army/Navy Football game. In my humble opinion this should be a must attend for the President of the United States.
Quote of the Day: “No amount of money will ever repair the damage that has been done and what these women have been through. But at some point, the negotiations have to end because these women need help — and they need it right now.” ,” said Rachael Denhollander, a Nassar survivor and member of a survivors’ committee involved in the settlement negotiations.