Eric Smith’s court dates postponed to next year
Pretrial hearings in the state’s criminal case against Eric Smith have been pushed back from later thismonth to early next year.
The probablecause conference for the former Macomb County prosecutor was moved from last Friday, Oct. 9, to Jan. 8, 2021, and the preliminary examination has been postponed from three days beginning Oct. 20 to Jan. 22, 25 and 29, 2021, in front of Judge Cynthia Arvant in 41B District Court in Clinton Township.
The court has not yet been approved for such live hearings due to the COVID-19 pandemic.
Smith, 54, of Macomb Township, is charged with racketeering, five counts of embezzlement and four other charges for his alleged illicit spending over seven years of $600,000 froma obscure
forfeiture account that Attorney General Dana Nessel called a slush fund. The most serious charge is punishable by up to 20 years in prison. Also charged in the case are two former associates in the office, suspended Chief of Operations Derek Miller, former chief of staff Ben Liston and Macomb Township businessman William Weber.
Liston has pleaded guilty to reduced charges while Miller andWeber are scheduled to be subject of the same hearings. A preliminary examination determines whether there is sufficient evidence for a judge to order the case to Macomb County Circuit Court for possible trial.
Smith, first elected in 2004, resigned last March three days after he was arraigned as part of an agreement with federal authorities regarding their case against him. The feds charged Smith with obstruction for his alleged acts this year to cover up alleged illicit use of $75,000 in campaign funds.
Smith is expected to plead guilty to the charge Oct. 29 and faces a probable sentence of between 15 months and 21 months in U.S. District Court.
In the state case, Liston last month pleaded guilty three misdemeanors, down from four felony counts — two counts of embezzlement by a public official, both 10-year offenses, and one count each of conducting a criminal enterprise, a 20-year offense, andmisconduct inoffice, which carries a five-year sentence.
Liston, who used money for personal expenses, agreed to testify against Smith and give up his law license. He was ordered to serve 60 days in jail and pay nearly $16,000 in restitution. Miller ofWarren has been 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.
Weber, who allegedly provided a security system for Smith’s home, faces charges of forgery, a 14year 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. All of the defendants are free on personal bond.