FLINT, MI- A clash has begun between the Michigan State Police and local prosecutors after a new policy was enacted that directs some investigations to bypass local prosecutors and go directly to the Attorney General’s office, WJRT-12 reports.
Even though the policy took effect in November, it is now drawing attention from the Prosecuting Attorneys Association of Michigan (PAAM), which has complained loudly in a letter issued this past week.
According to Genesee County Prosecutor David Leyton, the policy directs any MSP investigation involving a state employee that could be classified as a felony to the Attorney General’s office.
“They shouldn’t be selecting certain cases and just taking those; they should let us do our jobs,” Leyton said.
The prosecutors' group argues that the updated policy interferes with the duty of local prosecutors under MCL 49.153, which requires county prosecutors to appear in all prosecutions in which the state or county may have an interest, as reported by MassLive.
J. Dee Brooks, Midland County Prosecuting Attorney and president of the PAAM said the new policy could give the appearance that an agency is, in essence, policing itself.
‘Anytime that you have an agency essentially policing itself, if nothing else, it gives the appearance of impropriety or a potential conflict of interest,” Brooks said.
Brooks said the policy lacks transparency and accountability.
The policy came to prominence last November in Flint when a state trooper shot and killed 17-year-old Rayvon Shahid. The case was handled by the Attorney General’s office, which determined that the shooting was justified.
Leyton said that in the past, his office would have reviewed such cases first.
“There is nothing in the law that suggests this is a good policy,’ Leyton complained. “If I have to recuse because I know the officer, I know someone involved, I do that; I have done that for 20 years.”
Brooks said there are times when outside agencies are asked to assist in local investigations; however, those cases are determined by the community’s elected county prosecutor.
He noted that the policy is not limited to police shootings, but applies to all state employees.
Brooks prosecuted an MDHHS caseworker in 2023 for alleged sexual assault.
That caseworker was accused of abusing his position of authority by coercing a mother into an intimate relationship.
That worker, Ladd Perreault, pleaded guilty to one count of fourth-degree criminal sexual conduct.
The Michigan State Police stated that the policy is intended to ensure statewide consistency in investigations, the submission of complaints for prosecutor review, and any prosecution, according to WJRT-12.
Leyton dismissed that reasoning, noting that if the state police were looking for consistency, they should do so “across the board, which would mean one entity would handle everything across the state.”
“It doesn’t make sense,” he said.
The policy is supported by the Attorney General’s office, which states that it allows for a complete review by attorneys familiar with the Michigan State Police’s use of force policies.
“To take these cases away from us with some suggestion that we should not be involved, just flies in the face of what the statute, the Constitution, and what the people have decided, so I am totally opposed to the policy,” Leyton continued.
PAAM is advocating for the repeal of the Michigan State Police policy.
Brooks argued it will not look good in the eyes of the community.
“Our community looks to us, and I’m elected to review and handle those prosecutions unless for some reason I can’t,” Brooks said.
“We’re concerned about how it’s going to look to the public when somebody comes in…that doesn’t have any ties or involvement in our community.”
He noted that his opinion is universally held among most members of the PAAM, which comprises each of the state’s 83 county prosecutors, as well as Attorney General Dana Nessel and both acting U.S. attorneys.
Brooks said the working relationship between local prosecutors and the state police could suffer due to the policy.
He said state police investigators often reach out to county prosecutors after hours, on weekends, and on holidays.
He stated that a policy change could negatively impact investigations.
The policy, 07-25, was updated last fall to provide direction for the submission of complaints and investigations involving department members and other state employees, a MSP statement read.
“The purpose of the directive is to ensure statewide consistency in the investigation, submission of complaint for prosecutor review, and any prosecution,” the statement read.
“Department leadership met with the Prosecuting Attorneys Association of Michigan in the Fall of 2024 to share the written directive and explain the reasoning for it.”
That meeting did little to ease the concerns of the PAAM.
“As I understand it, (MSP) didn’t provide what we consider to be a good rationale for the policy change, nor a willingness to discuss or consider it any further,” Brooks said.
The policy does not ban local prosecutors from conducting their own separate investigations per se, but doing so could lead to conflict between state and county investigators.
“We shouldn’t do things just because they’ve always been done that way,” Brooks said.
“...But there should be a reason for the change. We think that our system works well, and we don’t understand why it needed to be changed.”
Comments