Smith’s court hearings delayed again with no new dates set
Court hearings scheduled for Friday and later this month for Eric Smith’s state criminal case have been adjourned with no new dates set.
Smith, the former Macomb County prosecutor, was scheduled for a probable-cause conference Friday and preliminary examination April 21-23 in front of substi- tute Judge Cythnia Arvant in 41B District Court in Clinton Township.
But the hearings were delayed due to the inability to conduct in-person hearings at the court, as ordered by state court officials last month because of the resurgence of the COVID-19 pandemic, according to Court Administrator James McGrail.
McGrail said the court is looking at rescheduling the hearings for dates in about 60 days.
This is at least the third delay.
A probable-cause conference is primarily a procedural event while a preliminary examination is a critical hearing at which the judge will determine whether enough evidence exists to bind over the case to Macomb County Circuit Court. Smith and his co-defendants could waive the hearing.
Smith, 54, of Macomb Township, is charged with 10 felonies, including racketeering and five counts of embezzlement, on the allegations he used up to $600,000 of public funds for his own benefit, including a security system for his home, office holiday parties, gifts for employees and moving expenses for his former chief of staff, among others.
In a separate case, Smith in January pleaded guilty in U.S. District Court in Detroit to obstruction of justice for to trying to persuade two assistant Macomb prosecutors and a friend to lie about how he spent $70,000 in campaign funds for personal use.
His April 27 sentencing by Judge Linda Parker was recently cancelled with no new date set.
Sentencing guidelines, which are advisory, show a term between 15 and 21 months in federal prison. The maximum term is 20 years.
He agreed to pay $69,950 in restitution by the sentencing date.
Plea hearings in that case were delayed twice due to Smith contracting COVID-19 last fall.
Smith remains free on personal bond.
In the state case, also facing charges are Assistant Macomb Prosecutor Derek Miller and Macomb County businessman William Weber. Miller, who was serving as chief of operations, is on paid suspension.
Smith’s former chief assistant, Ben Liston, who retired in 2018, was charged with three felonies but last September pleaded to three misdemeanors: willful neglect of duty by a public official holding the public trust, on the agreement he would testify against Smith. Liston also will serve 60 days in jail and agreed to relinquish his law license.
Smith served as prosecutor for more than 15 years and resigned in March 2020 days after he was charged by Michigan Attorney General Dana Nessel.
He was charged with the federal offense last September.