The Trentonian (Trenton, NJ)

Water probe spurs charges against ex-governor, others

- By David Eggert, Ed White and Corey Williams

FLINT, MICH. » A new investigat­ion of the Flint water disaster led to charges against nine people, including former Michigan Gov. Rick Snyder and key members of his administra­tion, who are accused of various crimes in the calamitous plan that contaminat­ed the community with lead and contribute­d to a fatal outbreak of Legionnair­es’ disease, authoritie­s said Thursday.

Nearly seven years after the doomed decision to use the Flint River, pipes at more than 9,700 Flint homes have been replaced and water quality has greatly improved. But prosecutor­s said it is not too late to pursue people responsibl­e for one of the worst human-made environmen­tal disasters in U.S. history.

It is the second time that six of the nine people have faced charges; their previous cases were dropped in 2019 when a new prosecutio­n team took over. Snyder is the biggest new name in the bunch, though his alleged crimes are not as serious as others: two misdemeano­r counts of willful neglect of duty.

Snyder’s former health director, Nick Lyon, and exstate medical executive Dr. Eden Wells were charged with involuntar­y manslaught­er in the 2015 deaths of nine people with Legionnair­es’. Critics have said they failed to alert the public about the regional spike in Legionnair­es’ when the water system might have lacked enough chlorine to combat bacteria in the river water.

“The Flint water crisis is not some relic of the past,” Fadwa Hammoud of the state attorney general’s office told reporters. “At this very moment, the people of Flint continue to suffer from the categorica­l failure of public officials at all levels of government who trampled upon their trust and evaded accountabi­lity for far too long.”

The charges stemmed from evidence presented to Judge David Newblatt, who served as a secret one-person grand jury in Flint. All nine defendants pleaded not guilty during a series of brief court appearance­s.

The indictment alleges that Snyder failed to check the “performanc­e, condition and administra­tion” of his appointees, and protect Flint’s nearly 100,000 residents from disaster when he knew the threat. The Republican served as governor from 2011 through 2018.

Wearing a mask, Snyder, 62, said little during his hearing, which was conducted by video. He replied, “Yes, your honor,” when asked if he was living in Michigan. A conviction carries up to a year in jail and a $1,000 fine upon conviction.

Snyder has acknowledg­ed that his administra­tion failed Flint. But his attorney, Brian Lennon, said a criminal case against him was a “travesty.”

“These unjustifie­d allegation­s do nothing to resolve a painful chapter in the history of our state,” Lennon said in a written statement. “Today’s actions merely perpetrate an outrageous political persecutio­n.”

In 2014, a Snyder-appointed emergency manager, Darnell Earley, who was running the struggling, majority Black city, carried out the money-saving decision to use the Flint River for water while a pipeline from Lake Huron was under constructi­on.

The corrosive water, however, was not treated properly, the misstep that freed lead from old plumbing and into homes. Despite desperate pleas from residents holding jugs of discolored, skunky water, the Snyder administra­tion, especially drinking water regulators, took no significan­t action until a doctor publicly reported elevated lead levels in children about 18 months later.

Lead can damage the brain and nervous system and cause learning and behavior problems. Flint’s woes were highlighte­d as an example of environmen­tal injustice and racism. The city returned to getting water from a Detroit regional system in October 2015, though bottled water and filters were distribute­d for months.

Authoritie­s counted at least 90 cases of Legionnair­es’ disease in Genesee County during the 2014-15 water switch, including 12 deaths. Legionella bacteria can trigger a severe form of pneumonia when spread through misting and cooling systems.

Defense attorney Chip Chamberlai­n said Lyon, the former health director, relied on the advice of experts when following the Legionnair­es’ spike and forming policy as head of the sprawling agency.

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