Facing charges, prosecutor resigns
Eric Smith steps down immediately, charged with 10 state felonies
Eric Smith has resigned as Macomb County prosecutor.
In a one-page statement, the embattled lawyer Monday says he is resigning “with a heavy heart.”
The resignation is effective immediately.
“After much reflection, I know that for the betterment of my family, my health, and the citizens of Macomb County it is time for me to step aside so that the Macomb
County Prosecutor’s Office can continue its great tradition of serving and protecting the county,” Smith says in the letter.
Smith was charged last week with 10 felonies by Michigan Attorney General Dana Nessel for alleged illicit spending of public funds.
“I intend to whole-heartedly defend myself against those allegations,” he says. “I have been part of the criminal justice system for close to 30 years. Know that I have absolute confidence that our cherished justice system will bring forth the truth and exonerate me.”
Smith, 53, of Macomb Township, faces five counts of embezzlement, and once count each of operation of a criminal enterprise; official misconduct in office; tampering with evidence in a civil proceeding; accessory after the fact; and conspiracy to commit forgery. The most serious offense is punishable by up to 20 years in prison.
Smith is accused of illegally spending $600,000 between 2012 and 2018 from an obscure forfeiture fund the attorney general called a “personal slush fund.” Most of the $1.8 million that went into it came from impounded vehicles of repeat drunk drivers.
Macomb County Executive
Mark Hackel, who filed a criminal complaint against Smith with the state, told The Macomb Daily on Monday Smith “did the right thing.”
“It’s unfortunate for the county overall, but that being said, he did the right thing,” Hackel said. “Whatever reason he did it, for the Prosecutor’s Office and the county, it’s the right thing.”
Michigan State Police began investigating Smith one year ago. The FBI also is conducting an inquiry.
Hackel said the resignation will allow the Prosecutor’s Office to continue to operate without forcing assistant prosecutors to “weigh in or deal with this while trying to do their jobs.”
The office includes approximately 60 attorneys and 30 support-staff members.
Chief Trial Attorney Jean Cloud has been named to take over duties as prosecutor on a temporary basis until a permanent interim prosecutor is named.
Smith’s Chief of Operations, Derek Miller, also faces less-severe criminal charges in connection with the fund. He has not been formally charged and
Hackel declined to comment on his status.
Miller’s position is an atwill, appointed post; an interim prosecutor could fire him.
Smith was ordered at his arraignment by video Friday in 41B District Court in Clinton Township to have no contact with Miller because they are co-defendants.
Miller, 36, of Warren, a former state representative, will be 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. Officials said arrangements are being made for Miller to turn himself in.
In addition to Miller, two others have been charged: Ben Liston, Smith’s former chief of staff, and William Weber, a Macomb Township businessman whose company provided a security system for Smith’s home that was allegedly paid for with public dollars.
Liston, 58, with residences in Warren and Arizona, who also was arraigned Friday, is charged with 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, and misconduct in office, a fiveyear felony.
Weber, 38, of Macomb
“It’s unfortunate for the county overall, but that being said, he did the right thing.” — Macomb County Executive Mark Hackel
Township, 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.
Weber was arraigned Tuesday and was released on a $100,000 personal bond for a May 19 probable cause conference.
Smith faces a probablecause conference Friday.
When reached by The Macomb Daily on Monday, the attorney general’s office did not have a comment about the resignation.
It came as a committee of the county Board of Commissioners planned to meet Thursday to consider a resolution by Commissioner Leon Drolet to force Smith to post a $600,000 bond or face a potential removal from office by the board by a two-thirds vote.
Drolet, a Macomb Township Republican, said Monday he now has concerns about operation of the office going forward. He said no one connected to Smith and his alleged dealings should remain in the office.
“The next step is to get rid of anybody associated with any criminal activity,” he said. “It needs to be cleaned up. I, as a commissioner, hope that the full board is committed to ensuring the Prosecutor’s Office is run with the highest degree of integrity and efficiency.”
Smith’s brother, Bob Smith, is chairman of the board. The Clinton Township Democrat has abstained from votes related to the investigation.
Smith, whose late father, Bob, was Clinton Township police chief, first won the seat in 2004 when he defeated David Viviano, now a state Supreme Court justice. He won re-election three times.
Smith is a married father who graduated from Chippewa Valley High School.
The Macomb County Circuit Court bench will appoint his replacement to serve until this November’s general election when the seat is up for a four-year term.
At least two people — former Macomb County Circuit Court judge Mary Chrzanowski and state Sen. Peter Lucido, R-Shelby Twp. — have said they will run.
County Commissioner Robert Leonetti, a Harrison Township Democrat, and former judge and former assistant Macomb prosecutor Jodi DebbrechtSwitalski both said they are considering running.
Nessel alleges Smith illegally spent public funds on items not for law enforcement or crime victims.
In addition to the security system for his residence, she points to garden benches for staffers’ homes, flowers and makeup for certain employees, donations to churches and other nonprofit organizations, country club catering for parties and campaign expenditures.
Smith’s attorney, Marty Crandall, on Friday said the accusations are “baseless” and politically motivated. He called the charge of operating a criminal enterprise, aka racketeering, “a piece of crap.”
This is the second time in two years county judges will appoint a replacement for a countywide elected officials.
Former clerk Karen Spranger was kicked out of office by a judge two years ago because she didn’t live in the county when she won election in 2016.
Chief Judge James Biernat Jr. initially appointed an interim temporary clerk, Katie Brower, who served six weeks before Kathy Smith was appointed to serve until November 2018. Kathy Smith, who is not related to Eric Smith, and Brower were county employees at the time of their appointments. Fred Miller, who lost to Spranger in 2016, won a special election for the clerk’s office.
Smith’s predecessor, Carl Marlinga, resigned from office amid a federal corruption investigation against him in 2004.
He was eventually acquitted in 2006 and went on to later win a seat on the Macomb County Circuit Court bench.