Judge tosses lawsuit against Macomb County for Eric Smith legal expenses
A Macomb County judge tossed the county from a lawsuit filed against former county prosecutor Eric Smith for $28,000 in legal fees racked up by Smith.
Circuit Judge Carl Marling a called the claim against the county “meritless” in court Monday in dismissing the county from the lawsuit filed in May by Howard & Howard attorneys in Royal Oak for work done in defending Smith in a Freedom of Information Act lawsuit. Smith was sued for refusing to turn over documents related to his expenditures from a forfeiture fund for which he is now charged with 10 criminal felonies.
Smith, who faces both federal and state criminal charges, remains a defendant in the lawsuit.
Smith requested the county approve a contract with the firm and its attorney Mark Peyser. But County Executive Mark Hackel never signed a contract and the county Board of Commissioners didn’t approve it, although the Government Oversight Committee recommended approval to the board.
Howard & Howard attempted to argue the county should pay because it received a benefit, but chief county attorney John Schapka said the county never received anything beneficial.
The firm also argued the county broke a promise but the county disputed that.
The lawsuit for which Peyser was hired was filed in February 2019 by Lisa Valerio-Nowc, through attorney Frank Cusumano, and the documents ultimately got released in a ruling by Judge Edward Servitto. FOIA lawsuits regarding the funds also had been filed by Jared Maynard and Tim Barkovic.
The documents in part led state authorities to investigate and charge Smith with embezzlement, criminal enterprise and other crimes for his alleged illicit spending of $600,000 over seven years fromthe obscure fund under his control.
Smith, 53, of Macomb Township, who served as prosecutor for over 15 years, was charged in March and resigned within days.
Also charged was his retired chief of staff, Ben Liston, Chief of Operations Derek Miller and business man William Weber.
Liston last week pleaded guilty to three misdemeanors and agreed to testify against Smith in exchange for dismissal of four felonies, including a 20-year criminal-enterprises charge. He is set to receive a 60-day jail term at his sentencing following the conclusion of Smith’s case. He also agreed to have his law license revoked.
Miller, who is suspended with pay, is charged with misconduct in office and conspiracy to commit a legal act in an illegal manner, both punishable by up to five years in prison. Miller also served less than one year as the county treasurer and is a former state representative.
William Weber faces charges of forgery, a 14-year felony, as well as larceny by conversion in an amount of $20,000 or more, aiding and abetting Smith’s alleged embezzlement by a public official, and receiving and concealing stolen property, all 10-year offenses.