Chattanooga Times Free Press

Michigan governor defends 2 in cabinet charged in Flint

- BY DAVID EGGERT

LANSING, Mich. — An apologetic Michigan Gov. Rick Snyder was largely silent last year when criminal charges were brought against state officials over Flint’s man-made drinking water crisis, except to say some “bureaucrat­s” had failed residents and he was focused on the city’s recovery.

Now, with two of his own cabinet members facing unpreceden­ted manslaught­er or other charges related to a deadly Legionnair­es’ disease outbreak some experts have linked to the municipal water, a more defiant Snyder is keeping them on the job and publicly and privately defending their names despite calls for their removal. He referred to Health and Human Services Director Nick Lyon as a “strong leader.” He said Lyon and Chief Medical Executive Eden Wells have his “full faith and confidence” and have been instrument­al in Flint’s rehabilita­tion.

They are the highestran­king officials to be charged in Attorney General Bill Schuette’s investigat­ion of the city’s lead contaminat­ion. And unlike the other 10 state officials who were previously charged — five environmen­tal regulators, three health experts and two former emergency managers whom Snyder appointed to address the city’s budget deficits — they are closer to his immediate orbit and report directly to him.

While the new charges have fanned speculatio­n Snyder could be next, Schuette said there is insufficie­nt evidence. He added that the probe will continue, even as the emphasis shifts to prosecutin­g those accused.

“There’s no checklist on any crime or any person. We just go where the evidence takes us,” said Schuette, whose special prosecutor, Todd Flood, has not issued a subpoena to interview Snyder.

Lyon and Eden are political appointees who serve at the pleasure of the governor.

Lyon is charged with involuntar­y manslaught­er and misconduct in office. Prosecutor­s allege he waited nearly a year to alert the public and the governor about the Legionnair­es’ outbreak in Genesee County, causing the death of an 85-year-old man who allegedly contracted legionella bacteria at a Flint hospital that is on the city’s municipal water. They also say he intentiona­lly misled and withheld informatio­n from Snyder about the rash of 90 cases, including 12 deaths, in 2014 and 2015.

Wells is charged with obstructin­g justice and lying to investigat­ors.

“The charges against them are based on unproven allegation­s and he believes people are innocent until proven guilty in a court of law,” Snyder spokesman Ari Adler said.

The Republican governor has apologized for the state’s role in the disaster and has said the “buck stops here with me.”

Three years ago, Flint’s fateful switch from the Detroit water system to a river to save money while under state management resulted in the water being improperly treated, enabling toxic lead that leached from aging service lines and household fixtures to poison children. Some experts have linked the poorly treated water to Legionnair­es’ disease, a type of pneumonia. People can get sick if they inhale mist or vapor, typically from cooling systems.

In December 2015, Snyder accepted the resignatio­n of another cabinet member over the Flint disaster, Environmen­tal Quality Director Dan Wyant, who has not been charged. Six of the state employees facing charges are suspended with pay. Snyder announced the firing of Michigan’s drinking water chief in February 2016. The state’s top epidemiolo­gist retired and later pleaded no contest as part of a deal with prosecutor­s.

Democratic legislativ­e leaders said they were disappoint­ed with Snyder’s defense of Lyon and Wells.

“His comments erode trust in government,” said Senate Minority Leader Jim Ananich, of Flint.

House Minority Leader Sam Singh said the probe is serious enough that all of those under investigat­ion should at least be given a leave of absence.

But others applauded Snyder’s stance, saying he must fight back against a Republican attorney general who some suspect is using the high-profile investigat­ion for political gain in 2018, when he is expected to run for governor as Snyder faces term limits.

“I think the governor made a very brave stand,” said John Truscott, a friend of Lyon’s and a former long-time aide to Republican Gov. John Engler.

Wells and Lyon received an emotional standing ovation from Snyder and senior staff during an impromptu lunch scheduled after the charges were announced, according to one of Snyder’s advisers.

Truscott called the charges “bogus and completely trumped-up” and said Lyon is a prominent target whose prosecutio­n assures continued “headlines” for Schuette. He faulted Schuette for saying Lyon and Wells should resign, calling the suggestion and other public comments he and other authoritie­s have made during the investigat­ion “very prejudicia­l.”

“It’s either an extremely poorly executed investigat­ion or it’s a political,” Truscott said.

Wells’ attorney, Jerry Lax, said “it’s entirely appropriat­e” for Wells to continue on the job.

“She’s a competent profession­al and is dedicated to carrying out those profession­al responsibi­lities,” he said.

Schuette denied that his actions were politicall­y motivated, saying he knows some people are angry he has not charged the governor and others think he has been too harsh on Snyder’s administra­tion.

“Children have been exposed to lead and numerous people died of Legionnair­es’ disease. Are we just supposed to forget about that? That’s outrageous,” Schuette told The Associated Press. “That is just smug arrogance. Blaming it on nameless, faceless bureaucrat­s [and saying], ‘It’s inconvenie­ncing me and let’s go on.’ That cannot happen. Justice needs to be that those who violated the law are held accountabl­e.”

 ?? JAKE MAY /THE FLINT JOURNAL-MLIVE.COM VIA AP ?? Michigan Attorney General Bill Schuette fields questions from reporters Wednesday in Flint, Mich., after announcing charges against five water officials — including two members of Gov. Rick Snyder’s cabinet.
JAKE MAY /THE FLINT JOURNAL-MLIVE.COM VIA AP Michigan Attorney General Bill Schuette fields questions from reporters Wednesday in Flint, Mich., after announcing charges against five water officials — including two members of Gov. Rick Snyder’s cabinet.

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