By John Lindstrom
Publisher
Posted: June 14, 2019 3:45 PM

The state dropped its cases against the Flint water crisis defendants on Thursday. Well, the state probably saved itself some embarrassment in doing so. Because this reporter was willing to bet cash money former Health and Human Services Director Nick Lyon was not going to prison. Nor was the state's former chief medical executive, Dr. Eden Wells, going to prison. In fact, probably none of the charged individuals were going to prison.

By dropping the cases, the state is free to file new charges, add new defendants. It is also free to not file charges.

No one should prejudge what the state will do. But the state has to come up with something seriously damning if it honestly hopes to send someone to jail. This reporter remains willing to bet cash money that almost no one will end up behind bars because of the injury done Flint and its residents.

The task of proving a mens rea – a criminal intent – of state officials involving Flint is going to be probably impossible. Seriously, does one honestly think state officials maliciously intended to harm the residents of one of the state's largest cities? Even if one does think that, prove it, and do so beyond a reasonable doubt. This reporter has sat on five juries, this reporter in three of them stood and pronounced the defendant guilty. This reporter also covered Mr. Lyon's preliminary examination and toted in his mind the large numbers of allegations defense counsel could rip up. This reporter knows what reasonable doubt is and that seemed all the state's case stood on.

Can't prove criminal intent, okay, can you prove criminal negligence? Maybe. But still that will be very hard to prove. And in some cases, if not most, next to impossible to prove.

And if the state can make a case, either involving criminal intent or criminal negligence, will it be able to prove its case to a jury located outside Genesee County? Because change of venue motions are going to fly thicker than a crowd of mosquitoes on a summer's night should the state get cases to trial.

Which brings us to the question of how does Flint get justice? Because Flint deserves justice.

Legally, of course, there are still civil cases. A type of justice can be earned that way, but will that account for everyone in the city?

Perhaps justice will have to handled in a financial manner. Assuring that every resident has health insurance forever. Special funding for the schools to provide the additional aides needed to help small kids. Special funding for college or technical training. Assisting homeowners with mortgages. Paying for the entirety of infrastructure improvements for decades to come. Greater incentives for economic development in the city.

Flint was harmed. That is a fact. Flint deserves justice. That too is a fact. If it is unlikely to see people imprisoned, what then is the manner the state should grant justice to this still wounded city? Whatever that manner is, the state better start working on it.