BIG RAPIDS — A Big Rapids police officer is facing a felony assault charge after a domestic violence altercation over the weekend.
Simone Smith-Politz, 32, of Big Rapids, was arraigned Monday in Mecosta County's 77th District Court on one count of felonious assault with a dangerous weapon and one count of domestic violence.
According to a press release from the Mecosta County Sheriff's Office, Meceola Central Dispatch received a 911 call early Sunday morning from a Green Township residence requesting a police response.
The felonious assault charge alleges Smith-Politz made an assault upon the victim using a knife, but with no intent to commit murder or inflict great bodily harm, according to court documents.
Smith-Politz is employed as a police officer with the Big Rapids Department of Public Safety. As a result of the charges, DPS Director Andrea Nerbonne confirmed Smith-Politz is on unpaid leave from the department.
The felonious assault charge carries a maximum penalty of up to four years in prison, while the domestic violence charge is a 93-day misdemeanor.
Smith-Politz is currently out on bail after posting 10 percent of her $20,000 bond. She has a preliminary examination scheduled for 1:30 p.m. on Tuesday, May 31, in Mecosta County's 77th District Court.
Officer on leave after arrest
Big Rapids DPS police officer charged with felony assault
Pioneer, The (Big Rapids, MI)
May 18, 2016
https://infoweb.newsbank.com/
BIG RAPIDS — A Big Rapids police officer is facing a felony assault charge after a domestic violence altercation over the weekend.
Simone Smith-Politz, 32, of Big Rapids, was arraigned Monday in Mecosta County’s 77th District Court on one count of felonious assault with a dangerous weapon and one count of domestic violence.
According to a press release from the Mecosta County Sheriff’s Office, Meceola Central Dispatch received a 911 call early Sunday morning from a Green Township residence requesting a police response.
The felonious assault charge alleges Smith-Politz made an assault upon the victim using a knife, but with no intent to commit murder or inflict great bodily harm, according to court documents.
Smith-Politz is employed as a police officer with the Big Rapids Department of Public Safety. As a result of the charges, DPS Director Andrea Nerbonne confirmed Smith-Politz is on unpaid leave from the department.
The felonious assault charge carries a maximum penalty of up to four years in prison, while the domestic violence charge is a 93-day misdemeanor.
Smith-Politz currently is out on bail after posting 10 percent of her $20,000 bond. She has a preliminary examination scheduled for 1:30 p.m. on Tuesday, May 31, in Mecosta County’s 77th District Court.
Witnesses testify at hearing for Big Rapids police officer accused of domestic violence
BIG RAPIDS — The case against a Big Rapids police officer charged with felonious assault will proceed after a judge bound her charge over to circuit court on Friday.
Simone Smith-Politz, 32, of Big Rapids, was arraigned in May in Mecosta County's 77th District Court on one count of felonious assault with a dangerous weapon and one count of domestic violence.
According to the Mecosta County Sheriff's Office, police were called on May 15 to a residence in Green Township for a report of a domestic dispute where Smith-Politz allegedly pulled a knife.
On Friday, the victim was the first witness to take the stand during the case's preliminary examination. Robert Springstead, the Newaygo County Prosecutor, was specially assigned to the case by the Attorney General's office.
The victim testified he and Smith-Politz went out for dinner on the night of the incident, and then went to the bar where they later got into an argument. Once at home, the two were in the garage smoking cigarettes and the argument continued, escalating when Smith-Politz shoved him. At that point, he went into the house and locked the garage door behind him. Smith-Politz ultimately went to the front door and entered the home.
"Was there physical contact as you came through door?" Springstead asked. "Somehow the two of you ended up on the floor?"
"As far as I can recall it was kind of a shoving match, and yes, we ended up on the floor," the victim said. "I went down first and she was on top of me."
After getting out from under Smith-Politz, the victim went to the door and she went to the kitchen. She then pulled out a knife and told him, "Don't come any closer," according to the victim.
Springstead questioned if the victim asked Smith-Politz to put the weapon down. He said, yes. Smith-Politz did not comply with his request, at which point he took out his phone and dialed 911.
Smith-Politz's attorney, Nick Bostic, then questioned the victim, asking about the number of drinks he had throughout the night. The victim admitted to being intoxicated and was mildly obnoxious, interrupting Smith-Politz in conversation, which is what first started the argument.
"And who owns the dwelling?" Bostic asked the victim, referring to the residence Smith-Politz was locked out of.
"Simone," the victim stated, acknowledging he did now have ownership rights of the property.
The victim also said he was still under the influence of alcohol when he filled out a written statement for police regarding what happened that morning.
Mecosta County Sheriff's Office Deputy John Bongard also testified in court Friday.
Bongard stated during the dispatch call the victim said Smith-Politz pulled a knife on him and wouldn't let him leave. When officers arrived on scene, Smith-Politz was sitting in garage by herself. Bongard testified he knew Smith-Politz because of her work as a police officer for the city of Big Rapids.
He then asked questions her questions to find out what had transpired that morning.
Bongard said Smith-Politz told him the victim was holding the door shut and as she went into the house, he fell backward and she fell on top of him. She ended up putting him in a chokehold. He then rolled over and put his forearm in her face and then got up. She went to the kitchen and grabbed the knife.
Smith-Politz showed the officers the knife, which had a blade length of about eight inches. She had been in the kitchen and victim was in other room when she was holding the knife, which Bongard estimated put between 15 to 25 feet between the two.
"Did she indicate her purpose for holding the knife?"
"She said that he told her to put down the knife and she told him to shut the door," Bongard testified. "She wanted him to know how serious she was about keeping the argument private."
The other officer who responded to the scene, Mecosta County Sheriff's Office Deputy Chad Thompson, also testified. The defense did not present any evidence or witnesses at the hearing.
Judge Kimberly Booher heard the case and ruled to bind the felony charge over to Mecosta County's 49th Circuit Court.
At the end of the hearing, Bostic asked the court to lift the no contact order imposed between Smith Politz and the victim as part of a condition of his client's bond. Both Springstead and Bostic noted the victim wanted the order lifted, believing it was an isolated incident. However, Springstead was not in favor of lifting the order.
Booher denied the request for the moment, stating her normal procedure for lifting an order involves an affidavit being filed and a court hearing.
Smith-Politz is currently on unpaid leave from the Big Rapids Department of Public Safety.
Case involving Big Rapids police officer closed, employment status with city unclear
BIG RAPIDS — A Big Rapids police officer charged with felonious assault has settled her court case, but the outcome is unknown.
Simone Smith-Politz was charged in May with one count of felonious assault with a dangerous weapon and one count of domestic violence. On May 15, Mecosta County Sheriff's Office deputies were called to a residence in Green Township for a report of a domestic dispute where Smith-Politz allegedly pulled a knife.
A court docket for Mecosta County's 49th Circuit Court showed Smith-Politz was set to be sentenced last week. However, the outcome of her sentence is not known because the case file is now non-public.
Newaygo County Prosecutor Robert Springstead who was specially assigned to the case by the Attorney General's office confirmed Smith-Politz entered a plea.
Court rules and statutes require certain types of files be designated as non-public cases. Springstead noted these types of files could include cases plead under what is known as a 7411 deferral for first-time drug offenders, Michigan Domestic Violence Deferral MCL 769.4a for domestic assault charges if the defendant is a first-time offender or cases under the Holmes Youthful Trainee Act.
When Smith-Politz was arrested, she was placed on leave from her job as a police officer with the Big Rapids Department of Public Safety. While waiting for the outcome of her case to be determined, Smith-Politz instead worked for the city of Big Rapids with the Department of Public Works.
Though her case is resolved, Smith-Politz's employment status with the city of Big Rapids is unclear. At press time, city officials could not be reached for comment regarding the situation.
At a preliminary hearing in July, the victim in the case testified he and Smith-Politz went out for dinner on the night of the incident, and then went to the bar where they later got into an argument. Once at home, the two were in the garage smoking cigarettes and the argument continued, escalating when Smith-Politz shoved him. At that point, he went into the house and locked the garage door behind him. Smith-Politz ultimately went to the front door and entered the home. The two ultimately got into a "shoving match" and Smith-Politz later pulled a knife in the argument.
City of Big Rapids and Mecosta County thanks employees for service to community
BIG RAPIDS — The end of 2016 is in sight and for the city of Big Rapids and Mecosta County as a whole, the close of another year means taking a moment to recognize employees.
Current and retired city employees gathered at the Department of Public Safety's fire bay to congratulate those who were being recognized and celebrate the upcoming holidays.
While City Manager Steve Sobers was unable to make it to the festivities, Mark Gifford, director of the Department of Public Works and the next city manager, started off the event.
Recognized for five years of service with the city were: fire-fighter Daniel Grabill; fire-fighter Nathan Fricke; Stacey Johns, code enforcer with the Department of Neighborhood Services; Department of Parks and Recreation Director Heather Bowman; Mary Loesch, with the Department of Parks and Recreation; Big Rapids Community Library Director Miriam Andrus; and Alan Hatchew, of the Department of Public Works.
Employees who were recognized for 10 years of service were: Jennifer Rosenogle, with Dial-A-Ride; Simone Smith-Politz, with DPW; and police officer Jason Kuiawa. For 15 years of service, Howard Botma, with the library; and Joseph Davidson, of DPW, were acknowledged.
Department of Information Technology Director Tim Moslener, Detective Brian Miller and Robert Halstead, with the maintenance department were congratulated for 20 years of service.
Three plaques were given to Carla Staffen, of the treasurer's office, attorney Eric Williams for 30 years of service and fire-fighter Richard Spedowske for 35 years of service.
Lunch was served and employees and retirees had a chance to win raffle prizes to wrap up the event.
Later in the afternoon and down the road at the Mecosta County Building, county employees filed into room 102 to be recognized for the years they have served the county.
Wayne County Prosecutor Kym Worthy says Virgil Smith's ex-wife came to his Detroit home on Wexford Street around 1 a.m. Sunday, and discovered another woman there. Prosecutors allege Smith physically assaulted his ex-wife and shot at her vehicle multiple times with a rifle. Smith has been charged with malicious destruction of property, $20,000 or more; assault with a dangerous weapon; weapons felony firearm; and domestic violence.
State senator accused of shooting at ex-wife will resign, spend 10 months in jail
DETROIT, MI -- State Sen. Virgil Smith, D-Detroit, has accepted a deal that requires him plead guilty to felony malicious destruction of property under $20,000, spend 10 months in jail and resign from office.
In exchange for his plea, charges of felony assault with a dangerous weapon, possession of a firearm during the commission of a felony and domestic violence charges have been dismissed.
Smith, who was accused of firing a shotgun in the direction of his wife and at her car, was scheduled for trial March 7 in front of Wayne Circuit Judge Lawrence S. Talon.
Full terms of the plea deal issued by Wayne County Prosecutor Kym Worthy's office Thursday:
Five years probation with the first 10 months to be served in the Wayne County Jail without early release.
The defendant must resign his position as a state senator.
The defendant cannot hold elective office or appointed office during the full term of his probation.
Submit to a mental health evaluation; the defendant must fully comply and provide monthly documentation with recommended treatment.
Supply monthly documentation of alcohol and drug treatment.
Surrender the weapon used in the crime or indicate the location where the weapon was disposed.
Full restitution in an amount to be determined by the Court.
The defendant waives any privilege and agrees to the release of the statement below.
Worthy's statement:
It is rare for the (Wayne County Prosecutor's Office) to dismiss a felony firearm charge when the weapon in question was discharged. In this case, however, after extensive review of the medical and psychiatric records of the defendant, I am convinced that there are extenuating circumstances to support dismissal of that charge. The following documented medical conditions contributed to the behavior of this defendant: 1. He suffers from bipolar depression, hypomanic; 2. He has a neurocognitive disorder related to a traumatic brain injury arising out of a documented rollover automobile accident that occurred on December 19, 2014, in Houston, Texas; and 3. He is presently in treatment for his alcohol dependency.
Talon will decide whether to accept the deal at a March 14 sentencing hearing.
Smith, who served three years in the state House of Representatives before being elected to the Senate in 2010 and re-elected in 2014, was accused of opening fire with an AR-15 in the direction of his ex-wife, Anistia Thomas, and her Mercedes about 1 a.m. May 10.
The altercation occurred after Thomas arrived at Smith's home and found another woman, Tatiana Grant, naked in her ex-husband's bed.
The versions of events presented by both women during the a preliminary examination last June were inconsistent.
Thomas testified that, although Smith is her ex-husband, they'd reignited an intimate relationship. She drove to Smith's home the morning of May 10 with the intent of spending the night.
Before heading there, she sent a text that said, "you are (expletive) up," according to evidence presented at a prior hearing.
After parking in the street, Thomas walked to an open side window and said, "Kai," Smith's middle name.
Smith opened the side door and told Thomas, "Tatiana is here," the ex-wife testified.
Thomas claims she walked to the bedroom, stripped the sheets off the naked woman and asked her if she was sleeping with Smith.
Grant claims Thomas was yelling, "He doesn't care about you, he doesn't love you," as Smith grabbed his ex-wife from behind.
Thomas denies forcing her way into Smith's home or attacking Grant.
"From there, he pulled on me, we wrestled, he punches me in the face a few times," Thomas said at the preliminary examination. "After falling into the TV, he rammed my head into the floor."
Thomas said Smith put his right arm into the back of her neck and she "basically stopped breathing."
"He kept punching me throughout my body at that point ... " Thomas testified. "He literally rammed my head into the wall by the doorway ... I fall down."
Grant said Smith never punched Thomas and never slammed her head into the floor or wall. Grant saw Smith pulling the ex-wife from behind and carrying her in an attempt to remove her from the bedroom.
"No," Grant said when asked if she ever saw Smith assault Thomas.
Thomas claims Smith forced her to her feet and pushed her out the side door into a railing, causing her to fall and hit her face on the concrete.
"He comes out from the side door ... I see him holding a big gun," Thomas said.
She said the gun was an AR-15 rifle Smith kept under his bed and previously told her could take off a person's limb.
"He starts shooting it in the air ... " Thomas said. "He turns it toward me and starts shooting at me."
Thomas ran to the home of a neighbor, also a friend of Smith's. The ex-wife called 911, but the neighbor took the phone from her after hearing her giving police Smith's name. The neighbor forced her to leave and locked the door behind her, Thomas previously testified.
Thomas said she then ran to another house where she found help.
Despite being embroiled in criminal proceedings, Smith hadn't stepped down or been expelled from his senate seat, although he was stripped of his leadership roles and committee assignments after the shooting incident.
He represented the Fourth District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Smith has received prior citations for impaired driving and operating while intoxicated in 2004, for which his license was revoked and reinstated to a restricted status in 2007, according to a statement issued by Secretary of State spokesman Fred Woodhams.
He was charged with operating a vehicle while being intoxicated in 2010, but the case was dropped for lack of evidence to prosecute.
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Smith missed 59 of 645 Senate voting roll calls in 2015, the second most among active senators.
Virgil Smith Sentencing 03/14/16
Law & Crime Network
March 14, 2016
https://www.youtube.com/watch?v=nkcILgmECG4
Wayne County Prosecutor Kym Worthy says Virgil Smith's ex-wife came to his Detroit home on Wexford Street around 1 a.m. Sunday, and discovered another woman there. Prosecutors allege Smith physically assaulted his ex-wife and shot at her vehicle multiple times with a rifle. Smith has been charged with malicious destruction of property, $20,000 or more; assault with a dangerous weapon; weapons felony firearm; and domestic violence.
Judge to Sen. Virgil Smith: 'You do not have to resign'
A judge on Monday sentenced embattled state Sen. Virgil Smith to 10 months in jail with no early release but did not require him to resign from his job as a legislator, which was part of a sentencing agreement in the case against him.
"It would be illegal for me to impose as a condition of sentence that he resign from office and that he not hold public office during the pendency of his probation,” Wayne County Circuit Judge Lawrence Talon said during the hearing.
The decision means prosecutors could now pull the agreement they reached with the defense because it required Smith to resign.
As part of the plea, Smith, 36, D-Detroit, pleaded guilty to a felony count of malicious destruction of personal property of $20,000 or more last month and admitted shooting his ex-wife's 2015 Mercedes-Benz on May 10, 2015.
Talon said Smith could be expelled, voted out of office or resign but requiring him to step down “offends the state constitution.”
"You do not have to resign from the Senate," he told Smith, explaining his ruling. "I'm taking that off the plea agreement."
It’s not yet known if Smith will voluntarily resign from office, though some say they expect that to happen.
“The plea is legal, and the defendant agreed to it,” Wayne County Prosecutor Kym Worthy said in a statement released after the two-hour hearing in the Frank Murphy Hall of Justice. “If all the conditions are not accepted by the court, we will withdraw our plea. We are certain that we stand on solid legal ground.”
Smith told investigators the shots were fired after his ex-wife, Anistia Thomas, pushed her way into his house on Wexford and attempted to attack the woman in his bed.
Thomas previously testified Smith punched her in the face and rammed her head into the floor and wall when she was inside his home. She gave a statement in the courtroom Monday, saying Smith has lied to save face and is "still blaming me."
"I refuse to take on blame due to his extreme faults and lack of accountability," Thomas said, adding that her injuries included a busted lip, more than 18 bruises and multiple cuts and abrasions, a swollen jaw and sprained neck.
Smith declined to address the court when given the opportunity.
“When you fire a gun, you never know where the bullets are going to end up,” Talon said. “They present a danger to everyone else in the community, so it is fortunate that nobody was injured as a result of Mr. Smith firing the gun.”
As part of the agreement reached in the case, three charges: felonious assault, possessing a firearm during the commission of a felony, which carries a mandatory two years prison sentence, and a misdemeanor count of domestic violence, are to be dismissed.
Smith also must serve five years of probation, stay away from alcohol, comply with mental health treatment and not have contact with Thomas.
Smith has a medical marijuana card and drug testing was not ordered Monday.
Godfrey Dillard, one of Smith's attorneys, argued that Smith is being held accountable and said his career has been destroyed.
"This is not a pass for Mr. Smith,” he said. “This is a very serious wake-up call.”
Smith sat quietly throughout the hearing, hands clasped in his lap — sometimes looking down, sometimes looking at the judge. His father, Wayne County Circuit Judge Virgil Smith, was also in the courtroom.
A joint sentencing memorandum was filed by the prosecution and defense attorneys on Feb. 29. The court document said Smith suffers from bipolar depressive hypomanic disorder, was in a rollover accident in 2014 that caused a traumatic brain injury and was recently discharged from Henry Ford Maplegrove Center, where he was treated for alcohol dependency.
Smith’s medical history is “not offered to excuse his criminal act but rather as an explanation of various factors that contributed to this behavior,” the document said.
After charges were filed against Smith, he lost his staff and was stripped of his committee assignments and his post as a minority whip in the Senate.
“Sen. Smith has talked about a voluntary resignation, and that’s our expectation. Our assumption is that this could delay it by a couple of weeks,” said Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof, R-West Olive. “The judge pointing out that he can’t compel Sen. Smith to resign doesn’t really change anything.”
Smith, in discussion with leadership in the Senate, said a voluntary resignation was based on the fact that he wouldn’t be able to serve his constituents for a significant period of time while he is in jail, McCann.
If Smith decides not to resign, the Senate could go through the process to expel him, “and we would just end up with the same result,” McCann said.
Michigan Republican Party Chairman Ronna Romney McDaniel released a statement Monday and called Smith’s behavior “appalling” and said people in his district “deserve better.”
“Democratic leadership must ask him to do the right thing for his constituents and step down,” the statement said. “They deserve effective representation in Lansing, and it is clear Smith can no longer fulfill that duty.”
Smith is due back in court March 28 so attorneys can address additional matters in the case.
State senator's failure to resign in gunfire case violates plea deal, prosecutor says
DETROIT, MI -- State Sen. Virgil Smith Jr., D-Detroit, because he hasn't resigned from public office, violated the plea deal he was offered, argued Wayne County Prosecutor Kym Worthy's office in a court filing this week.
The prosecutor now wants the deal withdrawn and the senator to face trial.
Smith, who is accused of shooting his ex-wife's Mercedes with an AR-15 rifle after she caught him in bed with a naked woman on May 10, 2015, accepted a plea agreement in February.
It required Smith spend 10 months in jail, five years on probation and resign from office, among other stipulations.
At Smith's March 14 sentencing, Wayne Circuit Judge Lawrence Talon declined to impose Smith's court-ordered resignation and instead asked Worthy's office for a brief in support of that aspect of the plea agreement.
On Tuesday, Assistant Wayne County Prosecutor Lisa D. Lindsey filed a "motion to vacate plea."
The brief says the prosecutor's office understands Talon's "reluctance" to order Smith's resignation, but said Smith "is able to comply with the terms of the plea agreement without a directive of the court."
"Having not done so, the court must vacate the plea," Lindsey argued. "The People, no less the defendant, are entitled to receive the benefit of the agreed-upon bargain.
" ... Because defendant has not fulfilled the terms of the plea agreement, the court must vacate the plea and schedule this matter for trial."
Talon may issue a ruling Monday -- also the date Smith was scheduled to appear in court and possibly begin serving his 10-month jail sentence.
If his plea is vacated, Smith would likely remain free on bond pending another plea deal or trial.
MLive left messages seeking comment with Smith's office in Lansing and his attorneys, Gerald Evelyn and Godfrey Dillard. There had been no response as of 4:30 p.m. Wednesday.
Worthy's office is also arguing against the judge's decision not to impose drug testing on Smith, which was also part of the plea agreement.
The brief indicates Smith is a certified medical marijuana patient, but prosecutors argue that shouldn't preclude him from being tested for other drugs.
Smith originally pleaded guilty to malicious destruction of property greater than $20,000.
Worthy's office dismissed counts of assault with a dangerous weapon, possession of a firearm during the commission of a felony and domestic violence. The felony firearm charge carries a mandatory two-year prison sentence in Michigan.
Details of original plea deal:
Five years probation with the first 10 months to be served in the Wayne County Jail without early release.
The defendant must resign his position as a state senator.
The defendant cannot hold elective office or appointed office during the full term of his probation.
Submit to a mental health evaluation; The defendant must fully comply and provide monthly documentation with recommended treatment.
Supply monthly documentation of alcohol and drug treatment.
Surrender the weapon used in the crime or indicate the location where the weapon was disposed.
Full restitution in an amount to be determined by the Court.
The defendant waives any privilege and agrees to the release of the statement below.
Worthy said at the time: "It is rare for the (Wayne County Prosecutor's Office) to dismiss a felony firearm charge when the weapon in question was discharged."
"In this case, however, after extensive review of the medical and psychiatric records of the defendant, I am convinced that there are extenuating circumstances to support dismissal of that charge. The following documented medical conditions contributed to the behavior of this defendant: 1. He suffers from bipolar depression, hypomanic; 2. He has a neurocognitive disorder related to a traumatic brain injury arising out of a documented rollover automobile accident that occurred on December 19, 2014, in Houston, Texas; and 3. He is presently in treatment for his alcohol dependency."
Smith, who served three years in the state House of Representatives before being elected to the Senate in 2010 and re-elected in 2014, was accused of opening fire with an AR-15 in the direction of his ex-wife, Anistia Thomas, and her Mercedes about 1 a.m. May 10.
The altercation occurred after Thomas arrived at Smith's home and found another woman, Tatiana Grant, naked in her ex-husband's bed.
Two accounts of the incident presented by both women during a preliminary examination last June were inconsistent.
Grant testified that Smith assaulted her, while Thomas said he did not.
Thomas testified that, although Smith is her ex-husband, they'd reignited an intimate relationship. She drove to Smith's home the morning of May 10 with the intent of spending the night.
After parking in the street, Thomas walked to an open side window and said, "Kai," Smith's middle name.
Smith opened the side door and told Thomas, "Tatiana is here," the ex-wife testified.
Thomas claimed she walked to the bedroom, stripped the sheets off the naked woman and asked her if she was sleeping with Smith.
Grant claims Thomas was yelling, "He doesn't care about you, he doesn't love you," as Smith grabbed his ex-wife from behind.
"From there, he pulled on me, we wrestled, he punches me in the face a few times," Thomas said. "After falling into the TV, he rammed my head into the floor."
Thomas said Smith put his right arm into the back of her neck and she "basically stopped breathing."
"He kept punching me throughout my body at that point ... " Thomas testified. "He literally rammed my head into the wall by the doorway ... I fall down."
Grant said Smith never punched Thomas and never slammed her head into the floor or wall. Grant saw Smith pulling the ex-wife from behind and carrying her in an attempt to remove her from the bedroom.
Smith forced Thomas out of the house.
"He comes out from the side door ... I see him holding a big gun," Thomas testified. " ... He starts shooting it in the air ... He turns it toward me and starts shooting at me."
Thomas ran to a neighbor's home asking for help.
Despite being embroiled in criminal proceedings, Smith hadn't stepped down or been expelled from his senate seat, although he was stripped of his leadership roles and committee assignments after the shooting incident.
He represents the 4th District, which includes portions of Allen Park, Detroit, Lincoln Park and Southgate.
Smith has received prior citations for impaired driving and operating while intoxicated in 2004, for which his license was revoked and reinstated to a restricted status in 2007, according to a statement issued by Secretary of State spokesman Fred Woodhams.
He was charged with operating a vehicle while being intoxicated in 2010, but the case was dropped for lack of evidence to prosecute.
Michigan is among about 10 states with a full-time Legislature. Senators begin at a starting annual pay of about $71,000.
Smith missed 59 of 645 Senate voting roll calls in 2015, the second most among active senators.
Judge denies motion to pull plea deal for MI Senator Virgil Smith
WXYZ-TV Detroit - Channel 7
March 28, 2016
https://www.youtube.com/watch?v=qAOsY0X9GQQ
A judge has denied a prosecutor's motion that would pull the plea deal for Michigan Sen. Virgil Smith.
Senator Virgil Smith not forced to resign
Click On Detroit - WDIV
March 28, 2016
https://www.youtube.com/watch?v=UmnXbFM1F7E
Charges have been filed against a state senator following a domestic dispute with his ex-wife.
Wayne County Prosecutor Kym Worthy says Virgil Smith's ex-wife came to his Detroit home on Wexford Street around 1 a.m. Sunday, and discovered another woman there. Prosecutors allege Smith physically assaulted his ex-wife and shot at her vehicle multiple times with a rifle. Smith has been charged with malicious destruction of property, $20,000 or more; assault with a dangerous weapon; weapons felony firearm; and domestic violence.
Virgil Smith Plea Hearing: Part 2 - 03/28/16
Law & Crime Network
March 28, 2016
https://www.youtube.com/watch?v=zKolCMv34R0
Charges have been filed against a state senator following a domestic dispute with his ex-wife.
Wayne County Prosecutor Kym Worthy says Virgil Smith's ex-wife came to his Detroit home on Wexford Street around 1 a.m. Sunday, and discovered another woman there. Prosecutors allege Smith physically assaulted his ex-wife and shot at her vehicle multiple times with a rifle. Smith has been charged with malicious destruction of property, $20,000 or more; assault with a dangerous weapon; weapons felony firearm; and domestic violence.
Sen. Virgil Smith goes directly to jail, collects $71K
State Sen. Virgil Smith started serving his 10-month jail sentence today as punishment for shooting his ex-wife’s Mercedes-Benz, but he never resigned from his job as a legislator.
So, he will continue to receive his $71,685 annual salary plus benefits while serving time behind bars.
Smith, 36, D-Detroit, had agreed to resign from his job as part of a plea deal in the case, but then a judge said he didn’t have authority to impose that as a condition of sentence and took it out of the agreement.
Wayne County Circuit Judge Lawrence Talon said earlier this month that Smith could be expelled, voted out of office or resign, but requiring him to step down violates the state constitution.
Prosecutors then asked for the plea deal to be voided — and the case scheduled for trial — since Smith didn’t comply with the terms of the agreement.
During today’s hearing, Wayne County Assistant Prosecutor Lisa Lindsey argued that prosecutors should be able to retool their offer in the case.
But Talon rejected the prosecution's request, saying "vacating the plea bargain would not serve the interests of justice.”
The Wayne County Prosecutor's Office vowed to appeal today's decision.
"We believe that the law supports that the agreement remains conditional until all the terms of the agreement are fulfilled," Maria Miller, a spokeswoman for the office, said in a statement issued after the hearing. "Prosecutor (Kym) Worthy will appeal the court’s ruling because the defendant did not fulfill his part of the plea agreement by resigning his elected position."
Smith pleaded guilty to a felony count of malicious destruction of personal property of $20,000 or more in connection with the incident outside his home on Wexford last May and on March 14 was sentenced to 10 months in jail with no early release.
His attorney, Godfrey Dillard, asked the court not to vacate the agreement.
"I’m asking the court to let it stand, allow the senator to stand on principle, stand against what we view is excessive power by the prosecutor,” Dillard said.
Prosecutors to Sen. Virgil Smith: Resign or go to trial
If embattled state Sen. Virgil Smith doesn’t resign from office, prosecutors want his plea voided and the case sent to trial.
Smith, 36, D-Detroit, was sentenced to 10 months in the Wayne County Jail with no early release earlier this month as punishment for shooting up his ex-wife’s Mercedes-Benz last May.
But Wayne County Circuit Judge Lawrence Talon did not require him to resign from his job as a legislator, which was part of a sentencing agreement in the case.
Talon said Smith could be expelled, voted out of office or resign but requiring him to step down "offends the state constitution" and he said it would be illegal for him to require it as a condition of the sentence.
Smith is due back in court at 2 p.m. today for a post-conviction hearing in the Frank Murphy Hall of Justice in Detroit.
Assistant Wayne County Prosecutor Lisa Lindsey filed motion to vacate the plea with the court on March 22. It said Smith hasn't fulfilled the terms of the plea agreement, so the court must vacate the plea and schedule the case for trial.
“While the people understand the court’s reluctance to order defendant to resign from office, defendant is able to comply with the terms of the plea agreement without a directive of the court,” said the court document filed obtained by the Free Press said.
Smith, who pleaded guilty to a felony count of malicious destruction of personal property of $20,000 in connection with the incident outside his home on Wexford, had not turned in a letter of resignation to the Senate as of Monday morning.
His attorneys could not be reached for comment this morning. Maria Miller, a spokeswoman with the Wayne County Prosecutor’s Office, said the “briefs speak for themselves.”
As part of the deal that was reached in the case, Smith must also serve five years of probation, stay away from alcohol, comply with mental health treatment and not have contact with his ex-wife, Anistia Thomas.
Smith has a medical marijuana card and drug testing was not ordered during his sentencing on March 14. But prosecutors want that changed. And want drug testing as a condition of Smith’s probation.
“The Michigan Medical Marijuana Act does not prohibit drug testing as a condition of probation,” another brief filed by prosecutors said.
According to another court document, Smith suffers from bipolar depressive hypomanic disorder, had been in car accident in 2014 that caused a traumatic brain injury and was recently treated for alcohol dependency.
Senate Minority Leader Jim Ananich, D-Flint, said on Friday an expulsion hearing will have to happen if Smith doesn’t resign.
Speaking on the WKAR-TV show “Off the Record,” Ananich said, “The process needs to be finalized. But there is no scenario where a person serving in jail serves in the Michigan Senate.”
Ananich said he asked Smith to resign when he was first arrested, “But the legal process was important to play out. I don’t think it was appropriate for us to have a parallel investigation going on at the same time. A resignation will happen or there needs to be an expulsion hearing.”
Any Senator can introduce a resolution to begin the process to expel a member, said Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof, but it’s up to majority Republicans to actually schedule and hold hearings for an expulsion.
Smith previously told investigators the shots were fired after his ex-wife, Anistia Thomas, pushed her way into his house and attempted to attack the woman in his bed. Thomas has said Smith punched her in the face and rammed her head into the floor and wall when she was inside his home.
As part of the agreement reached in the case, three felonies, including a count of possessing a firearm during the commission of a felony, which carries a mandatory two-year prison sentence, and a misdemeanor count of domestic violence, were to be dismissed.
Jailed senator will resign, but prosecutor still wants plea thrown out
DETROIT, MI -- The Wayne County Prosecutor's office fought for state Sen Virgil Smith's resignation, and it came Thursday, but the fight doesn't appear to be over.
Prosecutors are still seeking to have Smith's plea deal thrown out because he didn't immediately resign, which was part of the agreement that resulted in a 10-month prison sentence for a 2015 incident of gunfire outside the senator's home.
Wayne County Circuit Judge Lawrence Talon refused to order Smith's resignation from office, and declined to throw to throw out the plea agreement over his initial failure to resign, saying it would be "unconstitutional interference" for the court to force the Detroit Democrat to step down.
Smith was taken to jail on Monday, while still on the state payroll.
But on Thursday, Smith submitted to the Senate a letter of resignation dated for April 12.
Still, the prosecutor's office isn't satisfied, and is seeking an appeal that could potentially roll back the plea put the case back on track for a trial.
"The resignation will not change the decision of the WCPO to... seek leave to appeal the decision of the judge in this matter," the prosecutor's office announced Thursday afternoon.
Smith accepted a plea deal in February that requires he spend 10 months in jail, five years on probation and resign from office, among other stipulations.
Smith pleaded guilty to malicious destruction of property for allegedly shooting an AR-15 rifle in the direction of his ex-wife, Anistia Thomas, and her Mercedes vehicle about 1 a.m. May 10, 2015.
Thomas shortly before the gunfire arrived at Smith's home and found him with another woman in his bed.
State senators are paid $71,685 per year. Smith will have made roughly $2,987 during the two weeks he spends in jail and serving as a state senator at the same time.
The Senate will officially read Smith's resignation into the record on April 12, according to Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof, R-West Olive.
April 12 is the legislature's first day back in session after a two week break during which legislators work in their home districts.
Prosecutor appeals state Sen. Virgil Smith's case
Detroit Free Press
April 1, 2016
https://www.freep.com/story/news/local/michigan/detroit/2016/04/01/prosecutor-appeals-state-sen-virgil-smiths-case/82527506/
A day after state Sen. Virgil Smith submitted a letter resigning from his job in the Legislature, the Wayne County Prosecutor's Office filed an appeal in his criminal case. Smith, 36, D-Detroit, is serving a 10-month jail sentence for shooting up his ex-wife's Mercedes-Benz last May and agreed to resign his seat as part of a plea agreement. Then he apparently changed his mind after a judge said he didn't have authority to impose that as a condition of sentence and and took it out of the agreement. "The circuit court erred as a matter of law and abused its discretion in voiding the portion of the plea agreement that required defendant to resign from office and not hold office during the term of probation," said a brief filed today by the Wayne County Prosecutor's Office to the Michigan Court of Appeals. It went on to say the error was compounded when the prosecutors' motion to toss the plea was denied. Wayne County Circuit Judge Lawrence Talon refused to grant a request from prosecutors to void the plea after they argued Smith didn't comply with the terms of it. Talon said "vacating the plea bargain would not serve the interests of justice." Earlier this month, Talon said that Smith could be expelled, voted out of office or resign, but requiring him to step down violates the state constitution. "While the constitution sets forth a procedure for removing a state senator involuntarily, nothing in the constitution prohibits an elected official from voluntarily resigning his position," prosecutors wrote in the court filing. Smith’s attorney, Godfrey Dillard, could not be reached for comment. On Thursday, Smith submitted a one-sentence resignation that said he resigns as a senator, said Amber McCann, spokeswoman for Senate Majority Leader Arlan Meekhof, R-West Olive. It's effective April 12. Smith pleaded guilty to a felony charge of malicious destruction of property over $20,000 and admitted to firing shots at his ex-wife's car parked outside his Detroit home in May. Prosecutors agreed to dismiss three felonies as part of the plea deal. According to information presented in the case, Smith suffers from bipolar depressive hypomanic disorder, had been in a car accident in 2014 that caused a traumatic brain injury and was recently treated for alcohol dependency.
Prosecutor asking Court of Appeals to review judge's decision not to vacate senator's plea
DETROIT, MI - Prosecutors are asking the Court of Appeals to review a judge's decision to maintain a plea agreement despite state former Sen. Virgil Smith initial failure to meet a condition by remaining in his government position.
The Wayne County Prosecutor's Office contends Circuit Judge Lawrence Talon abused his discretion when he refused to require the Detroit Democrat's resignation and then "compounded the error" when he denied prosecutors' motion to vacate the plea.
Prosecutors on Friday, April 1, filed an application for leave to appeal, requesting the higher court reverse Talon's orders or consider arguments in the case.
Smith, who submitted his resignation while in jail on Thursday, pleaded guilty in February to malicious destruction of personal property for allegedly shooting an AR-15 in the direction of his ex-wife, Anistia Thomas, and her Mercedes vehicle last May. In exchange, the prosecutor's office dropped charges of felonious assault, using a firearm to commit a felony and domestic violence.
As part of the agreement, Smith had to resign as state senator and refrain from holding an elected or appointed office during his five-year probation and 10-month jail sentence.
Talon, however, found the prosecutor was unconstitutionally interfering with the legislative branch and the rights of Smith's constituents by attaching these conditions and on March 14, did not sentence Smith in accordance with all the terms of the plea agreement.
Prosecutors argue the provisions about Smith's position do not violate the separation of powers or public policy. "The prosecutor is not pressuring the official to resign from office; the official is instead offering to exercise his right - the right not to hold public office - to secure what he believes is a favorable resolution of criminal charges," the application states.
Talon believed vacating the plea would compromise his integrity by "involving (him) in an act that violates public policy and offends the constitution."
A judge does not have to order an official to quit, the prosecutor's office responded in its motion. The official can do so without a court directive, according to the document, signed by Jason W. Williams, Prosecutor Kym Worthy's chief of research, training and appeals.
Smith resigned last week, on the third full day of his 10-month jail sentence. This will be effective April 12.
By then, Smith will have made roughly $2,987 during the two weeks he spends in jail while serving as a state senator.
Smith was elected senator in 2010 and re-elected in 2014.
The altercation with his former wife occurred May 10, after she arrived at Smith's home and found another woman in his bed.
Gov. Snyder sets elections to fill Virgil Smith's Senate seat
Gov. Rick Snyder has set a special election -- an Aug. 2 primary and Nov. 8 general election -- to fill the seat vacated by Sen. Virgil Smith, who is serving a 10-month jail sentence on a felony charge of destroying property.
The departure of Smith, a Detroit Democrat, became official Tuesday after his resignation letter was submitted to the Secretary of the Senate, which returned from a two-week break today.
The resignation ends a controversial saga that began last May when Smith’s ex-wife Anistia Thomas went to Smith’s Detroit home and found another woman in Smith’s bed. Thomas has said Smith punched her and rammed her head into the floor and wall when she was inside his home. Once she was outside the home, she said, Smith fired shots at her car.
It was those shots fired into her Mercedes-Benz that resulted in felony charges of malicious destruction of property over $20,000, using a firearm during the commission of a felony and a misdemeanor domestic violence charge being filed against Smith.
In a deal struck with the Wayne County Prosecutor’s Office, Smith pleaded guilty to the destruction of property charge and was sentenced to 10 months in the Wayne County Jail and five years of probation. He also must refrain from using alcohol, comply with mental health treatment and stay away from his ex-wife.
But it was the condition that he resign his seat as a state senator that caused the most friction. Wayne County Circuit Judge Lawrence Talon said Smith could be expelled by fellow senators or recalled by voters, but that he couldn’t impose that punishment.
Smith voluntarily resigned, submitting a letter last week, making the resignation official today.
“This ensures the people of the 4th Senate District are given the opportunity to select the representation they need in the Legislature as soon as possible without the burden of additional expense for the community,” Snyder said in a statement.
The election coincides with the state's August and November elections, so there will be minimal cost to the city of Detroit to add the race to the ballot. People interested in running for the seat must file by Tuesday, May 10, at 4 p.m.
Wayne prosecutor says judge erred in state Sen. Virgil Smith plea deal
The Wayne County Prosecutor’s office says in a brief filed in the case of state Sen. Virgil Smith that the judge was wrong to not enforce the part of a plea deal where the Detroit Democrat agreed to resign from office.
Smith is serving 10-month jail sentence and under the deal is also prohibited from seeking elected office for the duration of his five years of probation. Wayne Circuit Judge Lawrence Talon said he doesn’t have the power to hold Smith to those conditions.
“The circuit court erred as a matter of law and abused its discretion in voiding the portion of the plea agreement that required defendant to resign from office and not hold office during the term of probation,” according to the brief.
The judge “compounded the error in denying the People’s motion to vacate the plea.”
Wayne County Judge Lawrence Talon told Smith and his attorneys last month that he could not “constitutionally” force Smith, 36, to resign as part of a plea deal he made to avoid a lengthy prison sentence for shooting up his ex-wife’s car during an argument at Smith’s home in May.
Talon said during a hearing March 14 he would not be able to force Smith to resign from office because he was not “constitutionally” able to. The judge said the prosecutor’s office did not have the power to force Smith to resign adding it would be up to Smith’s fellow lawmakers and voters.
Talon gave the Prosecutor’s Office until Friday to file their arguments for why he should vacate the full plea deal since he didn’t force Smith to resign.
On Thursday, Smith resigned his Senate seat, three days after beginning his sentence.
In the pleadings, Kym Worthy’s office argues it did not overstep it’s legal boundaries in its plea deal.
“It does not violate the separation of powers or public policy for an elected official to agree to resign from office voluntarily and not hold office for a period of time in exchange for the dismissal of criminal charges or other consideration,” read the prosecutor’s briefs. “The prosecutor is not pressuring the official to resign from office; the official is instead offering to exercise his right — the right not to hold public office — to secure what he believes is a favorable resolution of criminal charges.”
The prosecutor added: “While the (Michigan) Constitution sets forth a procedure for removing a state senator involuntarily nothing in the Constitution prohibits an elected official from voluntarily resigning his position.”
As part of the plea agreement, Smith received a 10-month jail sentence with no early release on a malicious destruction of property greater than $20,000 charge. In exchange, other charges he faced — felonious assault, felony firearm and domestic violence — were dropped. He also agreed to surrender the gun used in the incident and also submit to drug, alcohol and mental health counseling.
Smith got into an altercation with his ex-wife, Anistia Thomas, after she went to his east side home in the 18000 block of Wexford and found a naked woman in his bed. A fight ensued and continued outside the home, where Smith is said to have pointed an AR-15 at her and then shot more than 20 rounds at her Mercedes-Benz.
Ian Conyers wins bid to replace resigned Sen. Virgil Smith
DETROIT, MI -- The race to replace Sen. Virgil Smith, who resigned after a felony conviction earlier this year, culminated on Tuesday when Ian Conyers won the Democratic primary in the heavily Democratic district.
Smith was involved in a May 2015 shooting incident that sparked felony charges. He took a plea deal for a year in prison. He resigned after serving as senator from jail for more than two weeks.
The 4th Senate District has gone unrepresented since his resignation in April.
But in a primary race to replace him it was Ian Conyers, great nephew of U.S. Rep. John Conyers, D-Detroit, who rose to the top of a nine-candidate field.
The Associated Press called the race for Conyers, who garnered 35 percent of the vote with 3,738 votes. The next closest finisher was Fred Durhal, Jr., who earned 2,796 votes and 26 percent of the total.
During the campaign Conyers (left in photo) got support from John Conyers, who also won the Democratic spot on the 13th Congressional District ballot against challenger and Detroit City Clerk Janice Winfrey.
In the general election Conyers will face Keith Franklin, who is running unopposed in the district's Republican primary. But the district leans heavily Democratic. Smith won the seat 82 to 18 percent against the Republican Franklin in 2014.
But Smith's seat wasn't the only empty one on Tuesday's ballot.
The 28th district seat was vacated by Rep. Derek Miller, who left for a local political position. Four candidates were in the primary to replace Miller: Patrick Green, Paul M. Kardasz, Lori M. Stone and Mike Westphal.
Green won with 2,391 votes, 49 percent of the total cast.
There is a third seat that is vacant in the legislature -- that previously held by deceased Rep. Julie Plawecki, D-Dearborn Heights.
A special primary election for that seat will take place Aug. 30. The general election for the partial term will take place Nov. 8, at the same time people in her district elect somebody to the full term in that seat.
Defendants claim rights trampled amid no plea deal policy
Defense attorneys say the constitutional rights of criminal defendants in Wayne County were violated this summer amid a dispute between a circuit court judge and prosecutors, who stopped offering plea deals in cases before the judge.
The dispute stems from the criminal case of former state Sen. Virgil Smith.
Wayne County Circuit Judge Lawrence Talon removed items from a plea agreement that called for the legislator to resign and not hold elected office during his probation, saying he didn’t have the authority to impose them. Prosecutors tried to withdraw, but Talon didn’t allow it and they appealed. The case led to Wayne County Prosecutor Kym Worthy starting a policy not to offer plea deals to defendants appearing before Talon.
“There was a big disparity between clients that were in front of Judge Talon and clients that were in front of other judges,” Wayne County Criminal Defense Bar Association President Pro Tem Luther Glenn said. “And it was really unfair when the prosecutor’s office was willing to offer reduced charges or plea offers to anyone else except clients that were blind drawn to Judge Talon. ... It was just the luck of the draw.”
Prosecutors said in a court document that plea offers are not a fundamental right and argued there was a rational basis for the policy, saying it was "constitutionally sound." They explained that the reason they weren't offering to dismiss or reduce charges in Talon's courtroom was because he refused to honor prosecutors' "constitutional charging authority."
“When we make an offer to reduce a charge or dismiss a charge in return for a plea, it is like a contract,” Wayne County Prosecutor’s Office spokeswoman Maria Miller said in an e-mail.
The no plea agreement policy — in effect for months — was suspended Aug. 18 as officials wait for the Michigan Court of Appeals to weigh in on Smith's case. Prosecutors filed the appeal in April, shortly after Talon sentenced the former legislator to 10 months in jail for shooting up his ex-wife’s Mercedes-Benz.
Last week, the Appeals Court issued an order expediting the appeal.
As the case remained in limbo with the higher court, criminal defendants, who had nothing to do with Smith's case, were unfairly affected by the policy, defense attorneys said.
It caused increased stress for defendants, who would have been able to resolve matters if another judge was drawn, and backlogged cases, Glenn told the Free Press. He said he doesn't see why Smith's case, which was on appeal, impacted so many people for so long.
“That’s what’s troubling about it,” Glenn said.
Several defense attorneys, whose client’s cases are pending before Talon, took issue with the policy, saying their clients got stuck in the middle of the disagreement.
"Every person who walks into Frank Murphy should be treated equally," attorney Antonio Tuddles told the Free Press. "And it shouldn't matter what judge you go to ... everyone should have the same benefits."
He represents Terrence Warren in a drug case and said the prosecutor's office was willing to offer Warren 1-20 years, and his client was willing to accept the offer. But because of the policy not to offer plea deals, his client would have to serve an additional 12 months behind bars — the difference between the initial offer and the bottom of the sentencing guidelines, he wrote in a court document.
The policy, Tuddles said, violated rights guaranteed by the U.S. Constitution.
"Defendant is entitled to equal protection of the laws, policies and procedures of every other defendant who enters into the circuit court criminal division for the county of Wayne," he said in the filing.
Under questioning from Talon about the case during a July hearing, Assistant Wayne County Prosecutor Sarah DeYoung acknowledged that if Warren's case was before any other judge in the building, a plea offer would be extended and he'd be able to accept it.
Prosecutors, who say they wanted proper procedures followed, defended the policy in a court filing.
“This court has refused to provide assurances going forward that it will refrain from continuing to void terms bargained in good faith by the prosecution,” the document said. “In other words, this court has left open the possibility, in any given case, that the parties’ plea agreement will open the door for the court to unilaterally re-work the offer to accomplish what is in the court’s eyes the ‘best interests of justice.’ "
Talon — who previously said vacating the plea bargain in Smith's case "would not serve the interests of justice” — held a hearing earlier this month at which the policy was discussed. That same day, the prosecutor's office suspended its policy.
Miller, the prosecutor’s office spokeswoman, explained why the prosecutor's office suspended the policy. She said Worthy, Talon and Wayne Circuit Judge Timothy Kenny, who presides over the criminal division, were supposed to meet to discuss the issue, but Talon didn't attend.
"In light of his refusal to meet, Judge Kenny proposed that Prosecutor Worthy wait until the appeal came back in the Virgil Smith case," Miller said. "(Worthy) believed this was reasonable under the circumstances, and she agreed."
Talon declined to comment on the policy, saying in an e-mail to the Free Press that the cases are pending and “the Michigan Code of Judicial Conduct ... states that I should abstain from public comment.”
But during a hearing in June on the issue, a transcript shows he said he thought it was "misguided," and he talked about his decision in Smith's case.
"I honestly believed that it was the correct legal decision to make and I respect the people's decision to appeal it," he said, adding that he hopes the higher court tells him whether he was right or wrong.
As part of the initial plea deal agreed upon by prosecutors and the defense, Smith would have resigned his seat and not held elective or appointed office while on probation. Talon, though, took those items out, ruling Smith could be expelled, voted out of office or resign, but requiring him to step down violated the state constitution.
Prosecutors wrote in the appeal that the “court erred as a matter of law and abused its discretion” in voiding that portion of the plea agreement and said it compounded the error when Talon denied their request to toss the plea.
"If (Judge Talon) cannot allow our plea agreements to stand, he should allow us to withdraw the plea," Prosecutor Worthy said in an e-mail, noting separate branches of government exist for a reason.
She said every other judge in Wayne County Circuit Court "follows the law" related to plea agreements.
Prosecutors said it's premature to consider whether the policy could start up again since the appeal in Smith's case has not yet been decided.
Smith, a Detroit Democrat who has been in the Wayne County Jail since late March, pleaded guilty to a felony charge of malicious destruction of property over $20,000 and admitted to firing shots at his ex-wife's car parked outside his Detroit home last year. Prosecutors agreed to dismiss three counts as part of the plea deal.
Smith submitted a letter of resignation shortly after he began serving his jail sentence. He appeared back in court for a restitution hearing Monday and will have to pay his ex-wife, Anistia Thomas, $2,758.42.
Defense attorneys say they are glad the policy enacted after Smith's sentencing is no longer in effect in Talon's courtroom.
"There were people that were legitimately getting hurt and not being treated as anybody else would have been," attorney Marshall Goldberg said.
Sen. Virgil Smith resigns his seat in Michigan Senate.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Anistia Thomas, Ex-wife of Sen. Virgil Smith, speaks out about domestic violence. Mandi Wright/DFP
Former state Sen. Virgil Smith left jail over the weekend after serving the majority of a 10-month sentence for shooting at his ex-wife's Mercedes-Benz. A spokesman for the Wayne County Sheriff's Office, Kelly Miner, said Smith left the county jail Sunday. She said under state statute, his sentence was reduced by 51 days for good behavior. Miner said Smith's sentence was complete, and he was not released early. Smith was sentenced in March to 10 months behind bars after pleading guilty earlier this year to a felony count of malicious destruction of personal property of $20,000 or more for shooting at his ex-wife's 2015 Mercedes-Benz on May 10, 2015. The sentence called for no early release, according to previous Free Press reports. The Detroit Democrat resigned from his Senate seat in April. Smith's attorney, Godfrey Dillard, could not be reached for comment. As part of the deal that was reached in the case, Smith also must serve five years of probation, stay away from alcohol, comply with mental health treatment and not have contact with his ex-wife, Anistia Thomas. Smith previously told investigators the shots were fired after Thomas pushed her way into his house and attempted to attack a woman in his bed. Thomas has said Smith punched her and rammed her head into the floor and wall when she was inside his home. “I did not know that,” said Senate Majority Leader Arlan Meekhof, R-West Olive, when he heard about Smith’s release on Wednesday afternoon. “Good for him. I hope he’s successful on what he needs to do next.”
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Detroit Free Press Request to record oral argument - Granted
Former state Sen. Virgil Smith could be eyeing a run for Detroit City Council in August 2017, according to a report from MIRS.
Smith was sentenced to 10 months in jail and five years probation after pleading guilty to malicious destruction of property for firing an AR-15 rifle in the direction of his ex-wife, Anistia Thomas, and her vehicle outside his home on May 10, 2015.
MIRS reports that Smith said he was "exploring his options" Thursday, April 13 but would not commit to filing or running for incumbent George Cushingberry's District 2 seat.
Smith, 37, was elected senator in 2010 and re-elected in 2014.
Cushingberry was the man Smith beat in the 2010 Democratic primary election on his way to becoming the senator for the 4th district.
An interesting factor in the race is Smith's plea deal, which forced him to resign from his position as state senator and to not "hold elective office or appointed office during the full term of his probation."
Smith agreed to the plea terms, but Judge Lawrence Talon ruled that the Wayne County Prosecutor's Office was unconstitutionally interfering with the legislative branch and the rights of Smith's constituents by attaching these plea conditions.
In layman's terms, Smith was not sentenced with the prosecutor's plea conditions and is legally allowed to run for office. Prosecutor Kym Worthy's office disagrees with this ruling, saying the plea conditions do not violate the separation of powers or public policy.
Worthy's office is still hoping the Court of Appeals will review Talon's decision to maintain its plea agreement. The prosecutor's office dropped charges of felonious assault, using a firearm to commit a felony and domestic violence as part of the plea agreement.
MIRS reports that the state Court of Appeals has assigned a three-judge panel but has not taken any action on the case.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Former state Sen. Virgil Smith wants to run for Detroit City Council, a bid the Michigan Court of Appeals left open in a surprise ruling that suggested he “appears to have no intention of running for public office” while on probation.
Smith resigned from office last year and spent nearly 10 months in jail after firing an assault rifle at his ex-wife’s car. But he pulled petitions for a potential council bid in District 2 on April 7 and turned them in Tuesday for review, the Detroit Department of Elections confirmed Wednesday.
If the petitions are approved, Smith would qualify to run against City Council President Pro Tem George Cushingberry, a former state lawmaker himself who had his law license suspended for taking a client’s money and providing no services.
The Detroit Democrat’s plan to run for a council seat was a move the three judges on the appeals court panel appeared unaware of. In an opinion handed down Tuesday, they unanimously rejected a bid by Wayne County Prosecutor Kym Worthy to void a plea deal with Smith, a decision her office plans to challenge again.
The original deal required Smith to resign from the state Senate and refrain from holding public office during his five-year probationary period. The trial court judge tossed out those provisions as an unconstitutional restriction on the people’s right to choose their elected officials.
Smith resigned anyway and went to prison last spring.
“Because defendant voluntarily resigned his seat and appears to have no intention of running for public office during his term of probation, we decline to address the issues regarding the voiding of the plea agreement as moot,” Judges Michael Riordan, Karen Fort Hood and Deborah Servitto said in their ruling.
The Wayne County Prosecutor’s Office plans to ask the Court of Appeals to reconsider its ruling since Smith has filed his petitions to run for a seat on the Detroit City Council, said spokeswoman Maria Miller.
The prosecutor’s office “is not aware of any statement from Mr. Smith indicating that he would not run for office,” Miller said in an email.
In Tuesday’s ruling, the court wrote that allowing Worthy’s office to withdraw the plea now would give prosecutors an unfair advantage in negotiating a new deal, noting Smith already revealed the location of the weapon he used during the crime as part of the original agreement.
Smith has not gone unpunished, the judges said in their ruling. He was required to spend 10 months in Wayne County jail, five years on probation, submit to alcohol and drug treatment and a mental health evaluation.
“While we agree that it was an abuse of discretion by the trial court to deny the prosecution’s motion to vacate the plea as soon as the trial court expressed its unwillingness to accept the terms of the agreement, granting such relief after the majority of the terms of the agreement have been fulfilled would be fundamentally unfair,” the judges wrote.
Ex-State Sen. Virgil Smith may run for Detroit City Council
The Michigan Court of Appeals dismissed an appeal in former State Sen. Virgil Smith's criminal case that dealt with the issue of him holding office while on probation, noting he “appears to have no intention of running for public office during his term of probation.”
But the ruling Tuesday came about a week after Smith showed interest in running for a spot on the Detroit City Council.
The city clerk’s office issued petitions for Smith to run for District 2 on April 7, records show.
Wayne County Circuit Judge Lawrence Talon sentenced Smith to 10-months in jail last year for shooting up his up his ex-wife's Mercedes-Benz. He was released from jail in December.
Prosecutors appealed the case after Talon removed items from the plea agreement and didn’t let prosecutors withdraw from it. Part of the agreement called for Smith to resign from his job as a legislator and not hold public office during the five years he’s on probation.
Talon said it would be illegal for him to impose those items as a condition of sentence and voided them. He said Smith could be expelled, voted out of office or resign, but requiring him to step down violated the state constitution. Vacating the plea agreement wouldn't serve "the interests of justice," he said.
Smith, a Detroit Democrat, resigned his seat in the state Senate shortly after he started serving his jail sentence.
“He has also, it is believed, indicated an intention to not run for public office during his probationary period,” said the decision by Judges Michael Riordan, Karen Fort Hood and Deborah Servitto. “Thus, the primary issues presented for review are moot.”
Wayne County Prosecutor’s Office spokeswoman Maria Miller said prosecutors are “not aware of any statement from Mr. Smith indicating that he would not run for office.”
Prosecutors plan to file a motion for reconsideration with Court of Appeals, she said.
Smith’s attorney, Valerie Newman, declined to comment on the case Wednesday and said Smith was declining to comment, too.
Smith hasn’t talked to the Free Press since he pleaded guilty to a felony count of malicious destruction of personal property of $20,000 or more last year.
In the decision, the Court of Appeals also said it was an "abuse of discretion by the trial court to deny the prosecution's motion to vacate the plea as soon as the trial court expressed its unwillingness to accept the terms of the agreement."
But the ruling said doing it now, after most of the terms of the plea agreement have been fulfilled, would be "fundamentally unfair."
Jack Lessenberry: Dems have a problem nobody talks about
Traverse City Record-Eagle
April 23, 2017
https://infoweb.newsbank.com/
DETROIT — Now for a controversy few are willing to touch: Why have so many of Detroit's black legislators turned out to be squalid criminals — and why has this been tolerated by both their voters and Democratic Party leaders?
The latest example came earlier this month, when a federal grand jury indicted state Sen. Bert Johnson, D-Highland Park, on two felony charges for putting a woman on the state payroll who did no work.
Prosecutors say he owed her $10,000, and decided to let taxpayers pay her instead. Naturally, Johnson is entitled to be presumed innocent until proven guilty.
However, he has done hard time before, following an armed robbery conviction when he was 19.
And the African-American legislative caucus has now had three embarrassing episodes in the last two years:
Two years ago, it was the sordid spectacle of State Sen. Virgil Smith, Jr. (D-Detroit) shooting up his ex-wife's Mercedes after he asked her to come over for a sexual encounter. Apparently she was unhappy there was already another woman in his bed, and a fight ensued that ended with Smith pumping her car full of bullets on a residential street.
Smith never had many real qualifications for the job; his resume consisted mainly of a string of petty offenses, such as shoplifting and driving while intoxicated.
He'd gotten elected to the state house, at age 23, and then the senate after a few rocky years as a Michigan State University student. Many voters may have thought they were voting for his father, Virgil Smith Sr., who had served in the legislature, and is now a respected Wayne County Circuit Court judge.
After Smith the younger was charged with multiple felonies after the shooting episode, Democrats in leadership positions privately debated whether to call on him to resign.
At one point, Lon Johnson, state party chair, told me he was close to doing that. But neither he nor the Democratic leaders in the legislature ever did anything, other than stripping Smith of his committee assignments.
This was baffling, because Smith's seat is safely Democratic. Smith then stayed in the senate for nearly a year, voting with the Republicans whenever they needed him to.
That made self-serving sense for him; Republicans, with a 27-11 supermajority, could have expelled him – or prevented his expulsion – any time they wished.
Smith didn't resign from the senate till after his lawyers worked out a plea bargain deal and began a prison term.
That was in late March 2016. That meant his voters lacked any representation for nine more months, but there was never much indication that Smith or party leaders cared.
Then there was the tawdry spectacle of State Rep. Brian Banks (D-Harper Woods) who had a record that included eight felony convictions before he was first elected in 2012.
Most or all of those were for financial crimes, including credit card fraud and bad checks; he also had a pattern of being evicted for nonpayment of his rent.
Soon after arriving in the legislature, he was in trouble again, when a male staffer he hired filed a lawsuit alleging that Banks repeatedly sexually harassed and finally molested him.
The State of Michigan ended up paying more than $85,000 to defend Banks in court, and another $11,950 to settle out of court with the former aide.
Nevertheless, voters reelected Banks in both 2014 and 2016, and Democratic leaders said nothing. Detroit Mayor Mike Duggan even campaigned for his reelection last year.
But the jig was about to be up. Even before last year's primary election, it was clear that four more felony charges were coming, this time relating to falsifying documents in order to get a loan. Had he been convicted, Banks might have faced many years in prison as a habitual offender.
Instead, he cut a deal with Michigan Attorney General Bill Schuette, pleaded guilty to a misdemeanor, and resigned.
Democratic leaders didn't condemn his behavior. Instead, House Minority Leader Sam Singh praised him as a "passionate advocate for his district" who "worked tirelessly for his constituents." Which, to put it politely, is horse exhaust.
To be sure, there are plenty of thoroughly corrupt white politicians – and black ones of integrity. President Barack Obama was a one-woman man whose eight years were as free of sexual or financial scandal as any in American history.
U.S. Court of Appeals Judge Damon Keith is a man of unquestioned honesty – and I could fill this column just with the names of white lawmakers with ethical problems.
But when Michigan House Republicans realized they had two bad apples – Todd Courser and Cindy Gamrat, who were having an affair and using state resources to cover it up, they moved quickly to expel them, though Courser quit first.
What's different about the Democrats?
Nobody will say so on the record. But Democrats are dependent on black votes, and may well fear antagonizing those voters – an attitude that might well be described as patronizing at best. White liberals are also just as bad. Lansing is full of people to whom Senator Johnson owed money.
"Bert Johnson bounced a $7,500 check to me. Twice. Lied about what happened," one prominent attorney told me.
She told him she would go to the police if he didn't pay. But she never did. "I assumed everybody in the party would hate me if I did," she said.
So has she – and others like her – been guilty of enabling this behavior? "Probably. I will own that," she said finally.
If that isn't reverse racism, I don't know what is.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement ORDER - Prosecution's motion for reconcideration - denied
June 02, 2017
http://publicdocs.courts.mi.gov/coa/public/orders/2017/332288(66)_order.pdf
OPINION Bankole: Smith banks on name outweighing legal woes
The Detroit News
Bankole Thompson
July 16, 2017
https://www.detroitnews.com/story/opinion/columnists/bankole-thompson/2017/07/16/virgil-smith-bankole-detroit-city-election-plea-deal/103758880/
Even with a plea deal from the Wayne County Prosecutor’s office in pocket that saved him from going to prison for up to 10 years and clearly stated that he could not hold public office while on probation, former state Sen. Virgil Smith is seeking the District 2 seat on the Detroit City Council in the upcoming election. Think about it. Instead of facing charges of felonious assault, felony firearm and domestic violence in a May 2015 incident involving his ex-wife Anistia Thomas, prosecutors agreed to give Smith only 10 months in the Wayne County jail and five years of probation in a plea agreement. In that incident, Smith, 37, was accused of firing 20 shots at his ex’s Mercedes-Benz. Thankfully, no one died in that encounter but Thomas said she suffered great injury including a swollen jaw, busted lip and more than a dozen bruises in the bitter altercation preceding the incident. If a regular person without a prominent name had been involved in a similar incident, it is likely that individual would have been prosecuted to the full letter of the law and dragged off to a long prison term. But Smith got a nice deal. He comes from a well-known Detroit family. His father, Wayne County Circuit Judge Virgil Smith, is a respected member of the local judiciary. The question now is whether Smith is abusing the privilege that allowed him to escape prison by running for public office? Is this an act of political entitlement or arrogance? And why raise this concern now? Because Detroit voters have shown time and again a propensity to elect candidates with strong name recognition no matter the circumstances. “The intention of the plea was for Mr. Smith not to hold public office. His running for office is ultimately for the purpose of being elected to hold office. So his actions certainly betray the spirit and intent of the plea deal,” said Maria Miller, an assistant Wayne County prosecutor and communications director. That in itself questions why Smith would be running if his plea deal would prevent him from been seated on council should he win. “If he were elected and sworn into office, that would violate his plea agreement,” Miller explained, adding that no court order prohibits him from holding office because Wayne County Circuit Judge Lawrence Talon struck down that provision. But prosecutors could be compelled to withdraw their plea deal with Smith. The Michigan Court of Appeals determined that the issue of Smith holding office was moot in part because Smith had already vacated his Senate seat. The issue is now headed to the Michigan Supreme Court where prosecutors want to prove that their deal has legal standing. “In the event that he should win the primary election on Aug. 8, we would move the court for immediate consideration and try to expedite consideration of the application and ask for a decision prior to the date the ballots are printed,” Miller said. Smith’s lawyer Godfrey Dillard did not respond to requests for comments on the issue. Ahead of the legal wrangling that could unfold in court and the resulting public drama if Dillard were to take the issue head on with prosecutors, voters should be asking: ■Is Smith’s dogged pursuit of another public office in the public interest? ■Is it an opportunity for employment? ■Is he out to prove that some voters may be easily forgiven and non-judgmental? In District 2, Smith will be facing incumbent George Cushingberry and Roy McCalister Jr. “I think the voters in his district need to ask: Was he a good senator or is he trying to beat the system through gainful employment by running for council? He’s got high name recognition because of a family name that his dad has built up over time,” said pollster Ed Sarpolus. Smith did serve time in the Wayne County jail not prison. Fair enough. Still, as his run for council is bound the test the political currency of his name, everyone has to stand on their merit. As Abraham Lincoln said: “You have to do your own growing no matter how tall your grandfather was.”
Worthy files appeal to void Virgil Smith’s plea deal
The former state Sentator said the appeal does not impact his decision to run for Detroit City Council.
Detroit — Wayne County Prosecutor Kym Worthy has filed an appeal with the Michigan Court of Appeals to void a plea deal with former State Sen. Virgil Smith, who’s running for a seat on Detroit City Council.
Smith, a 37-year-old Democrat, resigned from the state Senate last year and served a 10-month jail sentence after pleading guilty to malicious destruction. In May 2015, he was arrested for firing an assault rifle at his ex-wife’s Mercedes-Benz.
In April, three judges on the appeals court rejected a bid by Worthy to void a plea deal that required Smith to resign from the state Senate and not hold public office during his five-year probationary period. The trial court judge dismissed those provisions, saying they were an unconstitutional restriction on the people’s right to choose their elected officials.
The appeal filed Friday calls for the appellate court “to remedy for the lower court’s error.”
The Court of Appeals dismissed the prosecutor’s original appeal because Smith resigned from the state Senate while the appeal was pending, and the court believed Smith did not intend to run for office while on probation.
“The Court of Appeals erred in dismissing the People’s appeal as moot when the plea agreement provisions could be reinstated,” the appeal says.
Reached Friday afternoon, Smith said the appeal does not affect his decision to run for office and he will continue campaigning.
“I’m putting all this behind me,” Smith said. “I’ve learned some hard lessons from all this, and I’ve moved forward.”
If voters question his past legal issues, Smith said he will “tell them the truth.”
“I don’t hide from it,” he added.
In a statement to The Detroit News, Assistant Wayne County Prosecutor Maria Miller wrote that in the event Smith advances in the primary election on Aug. 8, the office “would move the court for immediate consideration and try to expedite review of the application and ask for a decision prior to the date the ballots (for the November election) are printed.”
Smith’s campaign platform includes lowering auto and homeowners insurance costs for Detroit residents as well as developing mixed-use buildings on the state fairgrounds in his district.
“I have a good track record of delivering, and I know how government operates,” he told the Detroit News earlier this week. “No matter what the issue is, if someone comes to me and asks for help, I am going to help them.”
In District 2, Smith is running against a field of five other candidates, including City Council President Pro-Tem George Cushingberry, a 64-year-old former state representative and Wayne County commissioner.
Cushingberry has had his law license suspended twice since joining the council. He lost it for taking a client’s money and not providing services and also for failing to appear at a public hearing concerning professional misconduct claims.
Detroit — City Council President Pro-Tem George Cushingberry will not be moving on from the primary election after being upset by two opponents.
But the other incumbent council members remained among top vote-getters in their districts with all of the city's 590 precincts reporting.
For the at-large seats, the top four vote-getters advance to the Nov. 7 general election when voters will get to choose two council members.
In the district races, the top two voter-getters proceed to the general election. Voters select one council member for each district in November.
At-large seats: In nearly complete returns, Detroit City Council President Brenda Jones and Councilwoman Janee Ayers move on for at-large council seats.
Former state Rep. Mary Waters placed third place while Alisa McKinney and Beverly Kindle-Walker were in a close race for the fourth spot.
The vote results were Jones, 45 percent; Ayers, 25.2 percent; Waters, 16.8 percent; Kindle-Walker 6.4 percent.
Jones, 57, is running on her record of working with Mayor Mike Duggan while breaking with him on high-profile issues, such as community benefit agreements and transparency on demolition contracts.
The 35-year-old Ayers is competing for her first full term on the council after being appointed in 2015 to replace Saunteel Jenkins. Ayers created the Returning Citizens Task Force and is working on a proposed ordinance to address housing and employment for former jail and prison convicts reintegrating into society.
Waters, 61, who works for an educational consulting company, got a state law passed addressing copper theft. She also was vice chair of Detroit’s charter revision committee in the 1990s.
Kindle-Walker is a 63-year-old West Village resident who was a legislative assistant to Democratic Wayne County Commissioner Tim Kileen.
District 1: Councilman James Tate took an early and overwhelming lead in the primary with 70 percent of the vote. His toughest opponent, Tamara Smith, followed with 17 percent.
Tate, 42, touted his biggest accomplishments as the launch of Di$cover D1 — an initiative meant to fuel small business growth in his district — and the start of monthly community meetings with residents.
Smith, 43, who owns an independent transportation company, said she wants to bring companies with “livable wage” jobs to Detroit. She also wants to spearhead initiatives to curb sex trafficking.
District 2: Roy McCalister Jr. placed first in the District 2 primary with 24.9 percent of the vote. Former state Sen. Virgil Smith followed with 22.1 percent. City Council President Pro-Tem George Cushingberry was on the outside looking in with 19.7 percent.
Cushingberry, 64, a former state representative and Wayne County commissioner, had his law license suspended twice.
In 2014, during a stop outside of a bar, police allegedly found a cup of liquor and a half-smoked marijuana cigarette in his car. Cushingberry was issued a ticket for failure to signal but not given a field sobriety test. An investigation concluded there was not enough evidence to suggest the councilman sought preferential treatment from police.
Smith, 37, is attempting a political comeback. Smith, who said he is self-employed, resigned from the state Senate last year and spent 10 months in jail after firing an assault rifle at his ex-wife’s car. His original plea deal required Smith to resign from office and refrain from holding public office during his five-year probationary period. A trial court judge tossed out that latter provision as an unconstitutional restriction on the people’s right to choose their elected officials, a ruling the Wayne County prosecutor’s office is appealing.
McCalister Jr., 63, is a retired Detroit police officer and an investigator with the Eastern District of Michigan Federal Defenders Office...
Can Virgil Smith legally hold office? Prosecutor seeks high court ruling
Detroit Free Press
Aug. 10, 2017
https://www.freep.com/story/news/local/michigan/detroit/2017/08/10/virgil-smith-ruling-public-office/557052001/
State Sen. Virgil Smith is arraigned on felonious asault, domestic violence and other charges in Detroit's 36th District court
The Wayne County Prosecutor's Office is asking the Michigan Supreme Court to immediately weigh in on whether ex-state senator Virgil Smith can legally hold public office. Prosecutors say a decision is necessary by Aug. 22, the date candidates must be certified, "so that defendant may make an informed decision whether he will continue to run for office and, if he chooses to run, the voters casting ballots will be aware whether defendant will be violating the plea agreement if elected and that a special election would be necessary in the event defendant resigns or is removed from office," according to the motion. Smith finished second in Tuesday's primary election for Detroit City Council, meaning he is set to advance to the general election in November. Last year, he was sentenced to 10 months in jail after pleading guilty to a felony count of malicious destruction of personal property of $20,000 or more and admitting shooting his ex-wife's Mercedes-Benz in 2015. Under a plea agreement, prosecutors said they would dismiss felonious assault, felony firearm and domestic violence charges. The deal involved Smith agreeing to resign his position as senator and not hold elective or appointed office during his probation. The circuit court judge, however, struck down the provisions that prevented Smith from holding public office. The judge also refused to let prosecutors withdraw the agreement. Prosecutors appealed. The Court of Appeals "dismissed the appeal as moot and then declined to reconsider that decision when presented with evidence that defendant was running for elective office," according to the motion from the prosecutors' office. Prosecutors are asking for a decision by Aug. 22 because the information needs to be sent to the printer that is preparing the ballots.
Prosecutor seeks to keep ex-senator who fired gun at wife off ballot
MLive
Aug 10, 2017
https://www.mlive.com/news/detroit/2017/08/prosecutor_seeks_to_keep_ex-se.html DETROIT, MI -- A former Michigan state senator and convicted felon, who opened fire in the direction of his ex-wife in 2015, placed second in Tuesday's primary election race to become a Detroit City Council member. While second place in the primary council race usually ensures a candidate appears on the November ballot, Wayne County Prosecutor Kym Worthy is working to make sure that doesn't happen for former state Sen. Virgil Smith. Smith beat District 2 incumbent Councilman George Cushingberry, Jr, but came in behind Roy McCalister, Jr., a retired Detroit Police officer, took the primary top spot. Two days after advancing to the general election, Wayne County Prosecutor Kym Worthy intervened. She is asking the state Supreme Court to enforce a February 2016 plea agreement her office made with Smith. Smith pleaded guilty to malicious destruction of property for allegedly shooting an AR-15 rifle in the direction of his ex-wife, Anistia Thomas, and her Mercedes about 1 a.m. May 10, 2015. The plea agreement called for Smith resign from his then-current position as a state senator and agree not to hold any elected office for at least five years, a term equal to the length of his agreed probation. But Wayne Circuit Judge Lawrence Talon overrode the plea deal regarding Smith's ability to hold or run for office. Talon called the condition "unconstitutional interference." Worthy's office immediately appealed the amended plea agreement, but the state Appeals Court later dismissed the case as moot. At the time, Smith neither held nor was pursuing office. When that changed, Worthy says the Appeals Court refused to reconsider. The matter was filed with the state Supreme Court on July 26. Now Worthy is requesting an expedited review of the case, since the November general election ballots must be finalized before being sent to the printer on Aug. 22. A decision is necessary by Aug. 22 so Smith "can make an informed decision whether he will continue to run for office and, if he chooses to run, the voters casting ballots will be aware whether defendant will be violating the plea agreement if elected and that a special election would be necessary in the event defendant resigns or is removed from office," the prosecutor's Supreme Court motion says. Depending on the ruling, Cushingberry, the incumbent, may find him self back in the election mix.
Worthy seeks high court ruling on Virgil Smith case
Just days after Virgil Smith placed second in the primary election for a seat on the Detroit City Council, Wayne County Prosecutor Kym Worthy asked the Michigan Supreme Court to reinstate plea bargain provisions that would bar him from running for office.
“Defendant Virgil Smith entered into a plea agreement under which he agreed to resign from his position as State Senator and not hold elective or appointive office during the term of his probation,” reads part of a motion filed Thursday with the high court. “The Circuit Court struck those provisions, and denied the People’s motion to vacate the plea.”
Smith finished second in Tuesday’s primary election held Tuesday beating out council president pro-tem George Cushingberry and has advanced to the November election for a seat on the city council. Candidates for the November election must be certified and the information must be sent to the printer by Aug. 22.
“A decision from this Court is necessary by August 22, 2017, so that defendant may make an informed decision whether he will continue to run for office and, if he chooses to run, the voters casting ballots will be aware whether defendant will be violating the plea agreement if elected and that a special election would be necessary in the event defendant resigns or is removed from office,” according to the brief filed Thursday with the state Supreme Court.
As part of his plea agreement in a case for shooting at his ex-wife’s car in May 2015, Smith was to be prohibited from holding elective office during his five years of probation.
Immediately after his conviction, Smith said he had no intention of running for city council. However, residents in District 2 convinced him to put his name on the ballot, he said.
Many were disappointed with the incumbent, City Council President Pro-Tem George Cushingberry, and wanted a change, Smith said.
Smith finished second in the primary behind Roy McCalister Jr.
“Yes, I had reservations (about running) with all that’s going on,” Smith said. “I have learned some hard lessons and now I’m moving forward.”
Smith’s appellate attorney Valerie Newman said Thursday that the judge did not agree to the part of Smith’s plea deal about preventing him from running for office during his probation.
“It was struck (down) by the judge,” said Newman. “The judge said that part of the (plea) agreement violates the (U.S.) Constitution.”
The high court could decide to ditch the plea deal for Smith and send the proceedings back before the original court.
“At this point it’s going to be hard to start over and to be fair,” Newman said. “They bargained in good faith and the judge made a decision.”
In March 2016, Smith was allowed to plead guilty to malicious destruction of property greater than $20,000 for allegedly firing shots at his ex-wife’s Mercedes Benz. The charge, a felony, carries a sentence of up to 10 years in prison.
Charges of felonious assault, felony firearm and domestic violence against Smith were dropped. He resigned his state Senate seat a few weeks later.
Smith had been scheduled to go to trial before he entered into an agreement with the Wayne County Prosecutor’s Office. Circuit Judge Lawrence Talon told Smith he did not have to agree to resign from the state Senate.
During a hearing in March 2016, Talon denied the prosecutor’s motion to pull Smith’s plea deal off the table after Talon said he would not enforce the portion of it that would have forced the Detroit Democrat to step down from the Legislature.
The prosecutor’s office appealed Talon’s ruling.
In April, a three-judge panel of the Michigan Court of Appeals rejected Worthy’s bid to void the plea deal.
Worthy ups bid to bar Smith from office run
High court asked to reinstate plea bargain provisions
Detroit News
August 11, 2017
https://infoweb.newsbank.com/
Just days after Virgil Smith placed second in the primary election for a seat on the Detroit City Council, Wayne County Prosecutor Kym Worthy asked the Michigan Supreme Court to reinstate plea bargain provisions that would bar him from running for office.
"Defendant Virgil Smith entered into a plea agreement under which he agreed to resign from his position as State Senator and not hold elective or appointive office during the term of his probation," reads part of a motion filed Thursday with the high court. "The Circuit Court struck those provisions, and denied the People's motion to vacate the plea."
Smith finished second in Tuesday's primary election held Tuesday, beating out council president pro-tem George Cushingberry and advancing to the November election for a seat on the City Council. Candidates for the November election must be certified and the information must be sent to the printer by Aug. 22.
"A decision from this Court is necessary by August 22, 2017, so that defendant may make an informed decision whether he will continue to run for office and, if he chooses to run, the voters casting ballots will be aware whether defendant will be violating the plea agreement if elected and that a special election would be necessary in the event defendant resigns or is removed from office," according to the brief filed Thursday with the state Supreme Court.
As part of his plea agreement in a case for shooting at his ex-wife's car in May 2015, Smith was to be prohibited from holding elective office during his five years of probation.
Immediately after his conviction, Smith said he had no intention of running for the City Council. However, residents in District 2 convinced him to put his name on the ballot, he said.
Many were disappointed with the incumbent, City Council President Pro-Tem George Cushingberry, and wanted a change, Smith said.
Smith finished second in the primary behind Roy McCalister Jr.
"Yes, I had reservations (about running) with all that's going on," Smith said. "I have learned some hard lessons and now I'm moving forward."
Smith's appellate attorney, Valerie Newman, said Thursday that the judge did not agree to the part of Smith's plea deal about preventing him from running for office during his probation.
"It was struck (down) by the judge," said Newman. "The judge said that part of the (plea) agreement violates the (U.S.) Constitution."
The high court could decide to ditch the plea deal for Smith and send the proceedings back before the original court.
"At this point it's going to be hard to start over and to be fair," Newman said. "They bargained in good faith and the judge made a decision."
In March 2016, Smith was allowed to plead guilty to malicious destruction of property greater than $20,000 for allegedly firing shots at his ex-wife's Mercedes Benz. The charge, a felony, carries a sentence of up to 10 years in prison.
Charges of felonious assault, felony firearm and domestic violence against Smith were dropped. He resigned his state Senate seat a few weeks later.
Smith had been scheduled to go to trial before he entered into an agreement with the Wayne County Prosecutor's Office. Circuit Judge Lawrence Talon told Smith he did not have to agree to resign from the state Senate.
During a hearing in March 2016, Talon denied the prosecutor's motion to pull Smith's plea deal off the table after Talon said he would not enforce the portion of it that would have forced the Detroit Democrat to step down from the Legislature.
The prosecutor's office appealed Talon's ruling.
In April, a three-judge panel of the Michigan Court of Appeals rejected Worthy's bid to void the plea deal.
Prosecutor tries to keep ex-senator who fired gun at wife off ballot
Bay City Time
August 12, 2017
https://infoweb.newsbank.com/
A former Michigan state senator and convicted felon, who opened fire in the direction of his ex-wife in 2015, placed second in Tuesday’s primary election race to become a Detroit City Council member.
While second place in the primary council race usually ensures a candidate appears on the November ballot, Wayne County Prosecutor Kym Worthy is working to make sure that doesn’t happen for former state Sen. Virgil Smith.
Smith beat 2nd District incumbent Councilman George Cushingberry, Jr, but came in behind Roy McCalister, Jr., a retired Detroit police officer who took the primary top spot.
Two days after advancing to the general election, Wayne County Prosecutor Kym Worthy intervened.
She is asking the state Supreme Court to enforce a February 2016 plea agreement her office made with Smith.
Smith pleaded guilty to malicious destruction of property for allegedly shooting an AR-15 rifle in the direction of his ex-wife, Anistia Thomas, and her Mercedes about 1 a.m. May 10, 2015.
The plea agreement called for Smith to resign from his then-current position as a state senator and agree not to hold any elected office for at least five years, a term equal to the length of his agreed probation.
But Wayne Circuit Judge Lawrence Talon overrode the plea deal regarding Smith’s ability to hold or run for office.
Talon called the condition “unconstitutional interference.”
Worthy’s office appealed the amended plea agreement, but the state Appeals Court later dismissed the case as moot.
At the time, Smith neither held nor was pursuing office.
When that changed, Worthy says the Appeals Court refused to reconsider. The matter was filed with the state Supreme Court on July 26.
Now, Worthy is requesting an expedited review of the case, because the November general election ballots must be finalized before being sent to the printer on Aug. 22.
Depending on the ruling, Cushingberry, the incumbent, may find himself back in the election mix.
Detroit — The primary election loss by City Council President Pro Tem George Cushingberry Jr. to former state Sen. Virgil Smith was history nearly repeating itself.
The two Detroit politicians faced off in the 2010 Democratic primary for the state Senate district representing parts of Detroit and some Downriver communities, a race Smith won handily.
Despite serious legal troubles that led him to resign from the Senate in March 2016, Smith finished second in last week’s primary with 22.1 percent of the vote and qualified for the Nov. 7 District 2 council general election. His opponent will be Roy McCalister, a retired Detroit police officer who placed first with 24.8 percent.
Cushingberry finished third at 19.6 percent.
Political experts say Cushingberry’s loss was no surprise and predict Smith has a good shot at becoming the district’s new representative on council.
“The bottom line is that Cushingberry didn’t work as hard as he should have,” Target Insyght pollster Ed Sarpolus said.
Sarpolus noted that the former state representative became vulnerable after a 2014 stop when police allegedly found a cup of liquor and a half-smoked marijuana cigarette in Cushingberry’s car that the councilman blamed on his passenger, a licensed medical marijuana patient.
In addition, the councilman’s law license was suspended twice while he was in office.
But the question remains whether Smith will be kicked off the ballot in a pending legal challenge.
Wayne County Prosecutor Kym Worthy asked the Michigan Supreme Court last this week to reinstate plea bargain provisions that would bar Smith from running for office.
The 37-year-old Democrat served a 10-month jail sentence after pleading guilty to malicious destruction. In May 2015, he was arrested for firing an assault rifle at his ex-wife’s Mercedes-Benz.
As part of his plea agreement, Smith was to be prohibited from holding elective office during his five years of probation. The trial court judge dismissed those provisions, saying they were an unconstitutional restriction on the people’s right to choose their elected officials.
If Smith is disqualified from the city council election, it’s unclear if McCalister would run unopposed.
Detroit Elections Director Daniel Baxter said the city’s charter does not say what should happen if a candidate is legally removed from the race. He couldn’t recall it ever happening in Detroit.
“We just have to wait and see exactly how the courts would proceed on that particular issue,” Baxter said. “I would hope that their ruling would provide direction.”
The election must be certified by Aug. 22. The city is required by law to mail out military ballots for the fall election by Sept. 23, Baxter said.
Smith told The Detroit News he had no immediate plans to run for city council after his conviction. But he said residents in his district convinced him to run, saying they were disappointed with Cushingberry.
“A bunch of people got me in a room and it went from there,” Smith said. “For them to recruit a guy that just got out of the county jail … that lets you know how much they didn’t like Cushingberry.”
Cushingberry declined to comment.
McCalister said during the campaign many residents complained that Cushingberry wasn’t accessible and rarely appeared at community meetings in his district.
“They want someone that is going to represent them, be their voice and listen to what their concerns are,” said McCalister, who also ran for council in 2013. “They want somebody that’s gonna take action.”
Political consultant Greg Bowens said Cushingberry’s loss also may be tied to low voter participation in the primary. About 13.9 percent of the city’s registered voters went to the polls, down from 17 percent in 2013.
“People were not ‘pushing Cush’ this time,” Bowens said. “The biggest shocker always comes when an incumbent doesn’t make it past the primary. That’s got to be a pretty hard blow for him.”
As far as his legal issues, Smith said he has learned his lesson and wants to move forward.
One expert said he believes voters will forgive Smith at the polls, especially if he proves he has turned his life around.
Smith is “charismatic” and has name recognition in the city, said Joe DiSano, a Lansing-based political consultant. His father, Virgil C. Smith, is a former state senator and a judge for Third Circuit Court in Wayne County.
“He’s a known quantity,” DiSano said. “I do think he is a force to be reckoned with at the polls and you can dismiss him at your own peril.”
McCalister argues that he will pick up more votes from residents who disapprove of Smith’s conviction.
“Some people are saying it doesn’t matter but for some people I believe it is a (factor),” McCalister said.
Smith commended Cushingberry for his watchful eye on finances and helping Detroit exit state oversight.
However, Smith said he’s prepared to take over the councilman’s seat.
“I’ve been campaigning since I was 12 years old,” Smith said. “I was born into this business.”
He touted his ability to listen to the community’s needs and deliver on his promises.
“My main focus is that I’m not the bad guy that I’ve been made out to be,” Smith said.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
ORDER - Motion for immediate consideration - Granted
Court could block felon's shot at Detroit City Council seat
Flint Journal
August 15, 2017
https://infoweb.newsbank.com Wayne County Prosecutor Kym Worthy hopes a court will invalidate former state Sen. Virgil Smith Jr.'s chances of becoming a Detroit councilman. Whether Smith can take office should he win in the November general election is expected to be determined in a state Court of Appeals opinion expected by Aug. 25. The court must decide if a trial court judge acted properly when he overruled and threw out an agreed-upon stipulation in a plea agreement between Worthy's office and Smith. The agreement forbid Smith, who pleaded guilty to malicious destruction of property for allegedly shooting an AR-15 rifle in the direction of his ex-wife, Anistia Thomas, in May of 2015 from holding public office for at least five years. Wayne Circuit Judge Lawrence Talon overrode the plea deal stipulation, calling it "unconstitutional interference." Worthy appealed, but the Appeals Court initially refused to hear the case and called it moot, because at the time Smith had resigned from the state Legislature and wasn't running for public office. That changed when Smith announced his candidacy to become councilman for the city's First District. Smith placed second in the primary election Aug. 10, beating incumbent Councilman George Cushingberry, Jr., and coming in behind Roy McCalister, Jr., a retired Detroit Police officer, which means he's slated to appear on the November ballot. Following the primary, Worthy filed a motion asking the state Supreme Court to review the matter, arguing that the decision needed to be expedited, because it could have a significant impact on the November election and the decision of the electorate. While the Supreme Court agreed that matter is an urgent one to resolve, it won't make a ruling, and instead ordered the Appeals Court to review and issue an opinion by Aug. 25. Any subsequent appeal would be have to be filed by the following Monday. Worthy said in her office's Supreme Court motion that a decision is necessary by Aug. 22 so Smith "can make an informed decision whether he will continue to run for office and, if he chooses to run, the voters casting ballots will be aware whether defendant will be violating the plea agreement if elected and that a special election would be necessary in the event defendant resigns or is removed from office." Aug. 22 was the deadline for ballots to be sent to the printer in preparation for the general election, according to Worthy's Office. MLive hasn't been able to confirm if that deadline will be pushed back by the City Clerk Janice Winfrey's office in response to the ongoing litigation. Smith's troubled began when his ex-wife arrived at his Detroit home to find him in bed with another woman. A physical altercation erupted and Smith ultimately walked out of his house and started firing his gun in the direction of his ex-wife, striking her Mercedes multiple times. Details of original plea deal accepted by Smith: * Five years probation with the first 10 months to be served in the Wayne County Jail * Resign his position as a state senator * Smith cannot hold elective office or appointed office during the full term of his probation * Must submit to a mental health evaluation * Comply and provide monthly documentation with recommended treatment * Supply monthly documentation of alcohol and drug treatment * Surrender the weapon used in the crime or indicate the location where the weapon was disposed * Pay full restitution in an amount to be determined
Supreme Court orders second look at Virgil Smith plea
Lansing – Former state Sen. Virgil Smith’s eligibility for Detroit City Council is in limbo after the Michigan Supreme Court on Tuesday ordered reconsideration of plea deal provisions designed to keep him out of office during his five years on probation.
Smith, who finished second in last week’s City Council primary and is headed to the general election ballot, resigned from the state Senate in March 2016 after shooting at his ex-wife’s Mercedes-Benz. He negotiated a plea deal with Wayne County Prosecutor Kym Worthy’s office that included resignation and public office provisions struck down in circuit court.
The Michigan Supreme Court on Tuesday granted Worthy’s request for immediate consideration of her appeal and directed the Court of Appeals panel to revisit earlier decisions from April and June, when a three-judge panel dismissed the case and declined to reconsider despite Smith’s City Council run.
The appeals court must rule again on the plea deal by Aug. 25, according to the new order. Any appeal of that decision must be filed back to the Supreme Court by Aug. 28.
Smith finished second in Detroit’s second district city council primary, beating out council president pro-tem George Cushingberry to advance to the November election.
The Wayne County Prosecutor’s Office is “pleased that the Michigan Supreme Court has asked the Court of Appeals to reconsider the important issues that we have raised in the Smith case,” spokeswoman Maria Miller said Tuesday. “Time is of the essence since the election ballots will be printed soon.”
Smith did not respond to a voicemail seeking comment. His appellate attorney Valerie Newman said Tuesday she was not surprised by the new order but expressed confidence in her client’s case.
“I think we know where the Court of Appeals stands,” she said, referencing previous orders, including a 2-1 June decision to deny Worthy’s initial motion for reconsideration.
“You never know what a court is going to do, but I feel strongly it’s the voters’ right to decide who they want to have represent them, and they should be given that opportunity, especially at this stage of things,” Newman said.
Worthy’s office had asked the Michigan Supreme Court for a decision by Aug. 22, identifying that date as the deadline to certify candidates for the November general election and get the ballot to the printer.
A quick ruling would allow Smith “to make an informed decision whether he will continue to run for office and, if he chooses to run, the voters casting ballots will be aware whether defendant will be violating the plea agreement if elected and that a special election would be necessary in the event defendant resigns or is removed from office,” Worthy said in an Aug. 10 filing.
Appeals Court judges Karen Hood and Deborah Servitto voted against reconsideration in June. The latter said it would be “fundamentally unfair” to set aside the plea deal. Judge Michael Riordan said the case should be remanded to a trial court to determine whether Smith voluntarily agreed to the plea deal.
Worthy’s office is asking the court to reinstate resignation and “bar-to-office” provisions of the plea agreement that were struck down in circuit court. Absent that, it wants the plea deal vacated, which could allow for additional charges against Smith.
“When the circuit court voided those provisions, the People had a right to withdraw the plea offer,” Worthy said in a filing. “The court denied the People their right, and in so doing invaded the prosecutor’s charging authority.”
Immediately after his conviction, Smith said he had no intention of running for city council. However, residents in District 2 convinced him to put his name on the ballot, he later said.
“Yes, I had reservations (about running) with all that’s going on,” Smith previously told The Detroit News. “I have learned some hard lessons and now I’m moving forward.”
Court could block felon's shot at Detroit City Council seat
Wayne County Prosecutor Kym Worthy hopes a court will invalidate former state Sen. Virgil Smith Jr.'s chances of becoming a Detroit councilman.
Whether Smith can take office should he win in the November general election is expected to be determined in a state Court of Appeals opinion expected by Aug. 25.
The court must decide if a trial court judge acted properly when he overruled and threw out an agreed-upon stipulation in a plea agreement between Worthy's office and Smith.
The agreement forbid Smith, who pleaded guilty to malicious destruction of property for allegedly shooting an AR-15 rifle in the direction of his ex-wife, Anistia Thomas, in May of 2015 from holding public office for at least five years.
Wayne Circuit Judge Lawrence Talon overrode the plea deal stipulation, calling it "unconstitutional interference." Worthy appealed, but the Appeals Court initially refused to hear the case and called it moot, because at the time Smith had resigned from the state Legislature and wasn't running for public office.
That changed when Smith announced his candidacy to become councilman for the city's First District.
Smith placed second in the primary election Aug. 10, beating incumbent Councilman George Cushingberry, Jr., and coming in behind Roy McCalister, Jr., a retired Detroit Police officer, which means he's slated to appear on the November ballot.
Following the primary, Worthy filed a motion asking the state Supreme Court to review the matter, arguing that the decision needed to be expedited, because it could have a significant impact on the November election and the decision of the electorate.
While the Supreme Court agreed that matter is an urgent one to resolve, it won't make a ruling, and instead ordered the Appeals Court to review and issue an opinion by Aug. 25.
Any subsequent appeal would be have to be filed by the following Monday.
Worthy said in her office's Supreme Court motion that a decision is necessary by Aug. 22 so Smith "can make an informed decision whether he will continue to run for office and, if he chooses to run, the voters casting ballots will be aware whether defendant will be violating the plea agreement if elected and that a special election would be necessary in the event defendant resigns or is removed from office."
Aug. 22 was the deadline for ballots to be sent to the printer in preparation for the general election, according to Worthy's Office.
MLive hasn't been able to confirm if that deadline will be pushed back by the City Clerk Janice Winfrey's office in response to the ongoing litigation.
Smith's troubled began when his ex-wife arrived at his Detroit home to find him in bed with another woman. A physical altercation erupted and Smith ultimately walked out of his house and started firing his gun in the direction of his ex-wife, striking her Mercedes multiple times.
Details of original plea deal accepted by Smith:
Five years probation with the first 10 months to be served in the Wayne County Jail
Resign his position as a state senator
Smith cannot hold elective office or appointed office during the full term of his probation
Must submit to a mental health evaluation
Comply and provide monthly documentation with recommended treatment
Supply monthly documentation of alcohol and drug treatment
Surrender the weapon used in the crime or indicate the location where the weapon was disposed
Pay full restitution in an amount to be determined
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
The Michigan appeals court won’t stop a former state lawmaker from seeking a seat on the Detroit City Council.
Virgil Smith had agreed not to seek elective office for five years when he pleaded guilty to shooting at his ex-wife’s car. But that part of the deal was thrown out by a judge, who said it was unconstitutional.
In a 2-1 decision Tuesday, the appeals court says the judge made the right call. Judges Deborah Servitto and Michael Kelly say it would be “coercion” to allow prosecutors to try to negotiate a politician’s future as part of a plea deal.
In dissent, Judge Michael Riordan says the plea deal should have been set aside at the prosecutor’s request after Wayne County Judge Lawrence Talon stripped some key conditions.
Appeals court: Smith can run for Detroit council
The Detroit News
Aug. 22, 2017
https://www.detroitnews.com/story/news/politics/2017/08/22/ruling-virgil-smith-can-run-city-council/104865486/ Wayne County Prosecutor Kym Worthy said Wednesday she will appeal a court's decision to allow former state Sen. Virgil Smith to run for Detroit City Council over her objections. In a statement, she said her office would appeal the decision by a state Court of Appeals panel and that its legal brief is due Aug. 28. In a 2-1 ruling Tuesday, Judges Deborah Servitto and Michael J. Kelly said, based on federal court precedents, that “that it is improper for a public official to voluntarily resign or voluntarily forebear public office as part of a negotiated criminal plea agreement.” Smith, who finished second in the Aug. 8 City Council primary and is headed to the general election ballot, resigned from the state Senate in March 2016 after shooting at his ex-wife’s Mercedes-Benz. He negotiated a plea deal with Prosecutor Kym Worthy’s office that included requirements that he resign and not hold public office, provisions struck down by a Wayne County trial judge as an unconstitutional restriction on the people’s right to choose their elected officials. An initial three-judge Court of Appeals panel dismissed the prosecutor’s original appeal because Smith resigned from the state Senate while the appeal was pending, and the court believed Smith did not intend to run for office while on probation. The panel dismissed the case and declined to reconsider despite Smith’s City Council run. The Michigan Supreme Court ordered the Court of Appeals panel to revisit the earlier decisions from April and June. “While the prosecution argues that the voluntary nature of defendant’s decision to agree to the plea agreement rendered it constitutional,” Servitto and Kelly argued in the ruling released Tuesday, Worthy’s office is an extension of the executive branch, and the Michigan Constitution “specifically bars the executive branch from removing members of the legislative branch.” But Judge Michael J. Riordan rejected the argument by saying the Wayne County “trial court abused its discretion.” “…the majority draws upon a Pandora’s Box of imaginary issues which it hypothesizes could arise if we allow the defendant the freedom to choose to resolve the very real criminal charges he faces through plea negotiations,” Riordan wrote in his dissenting opinion. “In turn, the majority rejects the notion that a public office holder should be afforded the same freedom of choice enjoyed by every other person in Michigan who is the subject of a criminal indictment or charges.” Absentee ballots for the Detroit general election are expected to start going out in late September. If Smith is eventually ruled ineligible to run for Detroit’s City Council, it is unclear whether the third-place primary finisher, City Council President Pro-Tem George Cushingberry, would be allowed to run in the general election or whether top primary vote-getter Roy McCalister Jr. would run unopposed in Council District 2.
The Wayne County Prosecutor’s Office is asking the Michigan Supreme Court for a second time to decide if former state senator Virgil Smith Jr. is violating a plea agreement in his criminal case by running for Detroit City Council.
“This case presents two jurisprudentially significant issues ... whether provisions of a plea agreement requiring an elected official to resign from office and not hold office during the probationary period violate the separation of powers clause or are against public policy, and ... whether a circuit court may decline to vacate a plea on the prosecutor’s motion after the court voided provisions of a plea agreement,” according to legal brief filed by the prosecutor’s office with the Michigan Supreme Court. “This Court must address these issues and remedy the errors of the circuit court and the Court of Appeals.”
Earlier this week, the Michigan Court of Appeals ruled that Smith can run for office after it received the case back from the state high court two weeks ago.
In the 2-1 ruling Tuesday, Judges Deborah Servitto and Michael J. Kelly said, based on federal court precedents, that “that it is improper for a public official to voluntarily resign or voluntarily forebear public office as part of a negotiated criminal plea agreement.”
Smith finished second in the Aug. 8 City Council primary and is headed to the general election ballot against Roy McCalister Jr. He resigned from the state Senate in March 2016 after his guilty plea for shooting at his ex-wife’s Mercedes-Benz in May 2015.
Smith and his attorney negotiated a plea deal with the Wayne County Prosecutor’s Office but Third Circuit Court Judge Lawrence Talon struck down the part of the agreement that would have prevented Smith from being elected or appointed to public office during his five-year probation term. Smith also had to serve 10 months in the Wayne County Jail.
Talon said it was unconstitutional to enforce the election part of the plea deal, saying that the public has a right to choose elected officials.
In its pleadings, the prosecutor’s office argued that “only after imposing that term of probation and incarceration did the court question the parties’ agreement regarding the resignation and bar-to-office provisions.”
An initial three-judge Court of Appeals panel dismissed the prosecutor’s original appeal because Smith resigned from the state Senate while the appeal was pending, and the court believed Smith did not intend to run for office while on probation. The panel dismissed the case and declined to reconsider despite Smith’s city council run.
In its pleading to the state Supreme Court, the prosecutor’s office argued that both the appeals court and circuit court erred in ruling that the plea agreement provisions violated the separation of powers.
“An elected official’s voluntary decision not to hold office neither infringes on the Legislature’s authority to remove an elected official from office nor hinders a citizen’s right to choose among candidates who voluntarily seek public office,” according to the pleadings.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Former state Sen. Virgil Smith could already be a member of the Detroit City Council when the Michigan Supreme Court decides whether a criminal plea deal should have kept him from holding public office.
The state’s highest court said Monday it will hear oral arguments in Smith’s case but denied Wayne County Prosecutor Kym Worthy’s request for immediate consideration.
Worthy is seeking to void a plea deal Smith agreed to after he was arrested in May 2015 for firing an assault rifle at his ex-wife’s Mercedes-Benz.
The deal required Smith to resign from the state Senate, which he did, and precluded him from holding office during his five-year probationary period, a provision lower courts struck down as an unconstitutional restriction on the people’s right to choose their elected officials.
Smith is now running for city council and finished second in the August primary, beating out council president pro-tem George Cushingberry to advance to the November general election.
“No party is requesting an order to remove the defendant from the ballot, nor could we enter such an order since the relevant election official is not a party to this case,” Justices Bridget Mary McCormack, David Viviano, Richard Bernstein and Joan Larsen wrote in the majority opinion. “Therefore, we are not persuaded that this case requires expedited consideration.”
Instead of granting immediate consideration, the court ordered attorneys to file supplemental briefs within 42 days, or by late October. Oral arguments would be scheduled for a later date.
Chief Justice Stephen Markman disagreed with the decision to deny Worthy’s request for immediate consideration and was joined by two of his colleagues in a partial dissent.
“I view this as a highly time-sensitive matter,” Markman wrote.
Delaying a ruling in the case could be problematic for Worthy, Smith and the people of Detroit, he said, adding that “had the case been resolved by this Court today, they would have been fully apprised as to whether one of the candidates on their ballot might be unable to serve in office and would have to be replaced after election (by an appointment of the Council) as the result of either a plea bargain or a successful criminal prosecution, thereby depriving the people of their right to directly choose their own Council member.”
Last month, Worthy asked the state Supreme Court, for the second time in as many months, to take to decide if Smith is violating a plea agreement in his criminal case by running for Detroit City Council.
“This case presents two jurisprudentially significant issues ... whether provisions of a plea agreement requiring an elected official to resign from office and not hold office during the probationary period violate the separation of powers clause or are against public policy, and ... whether a circuit court may decline to vacate a plea on the prosecutor’s motion after the court voided provisions of a plea agreement,” according to legal brief filed last month by the prosecutor’s office with the court.
Worthy’s office went back to the state’s highest court after the Michigan Court of Appeals ruled that Smith could run for office after it received the case back from the state high court last month.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Virgil Smith's request for filing extension for supplemental brief - Granted
A retired Detroit police officer is battling two high-profile city politicians for a spot on Detroit City Council, including the incumbent who lost in the August primary but is now mounting a write-in campaign.
Former cop Roy McCalister won the primary over former state Sen. Virgil Smith, who resigned his legislative seat in March 2016 and served a 10-month jail sentence for malicious destruction of property after firing an assault rifle at his ex-wife’s Mercedes-Benz in 2015.
Councilman George Cushingberry finished third in the primary and didn’t qualify for the Nov. 7 general election ballot. He has thrown his hat back in the ring as a write-in candidate in a district that covers part of the city’s northwest side including Palmer Park.
McCalister, 63, received almost 25 percent of the vote in the primary to 22.1 percent for Smith and 19.7 percent for Cushingberry. He has an extensive career in law enforcement, which includes his current post as an investigator with the Eastern District of Michigan Federal Defenders Office.
McCalister’s top priorities include jobs for residents returning to the community from prison and revitalizing northwest neighborhoods with grocery stores.
The primary results proved that district residents are fed up with Cushingberry and want a new leader, he said.
“But I’m still running this race like I’m in third place,” McCalister said. “I’m not taking anything for granted.”
Cushingberry, 64, is hoping for a better outcome in November.
“What I’m going to do is go ahead show the people what I’ve done,” the first-term councilman said. “If they want me to stay, they’ll keep me. If they don’t, I’ll be out.”
Since he finished about 3 percentage points behind McCalister, Smith is considered to have a good shot at winning the general election. He comes from a prominent family in Detroit and served in the Michigan Senate for five years before his legal issue.
Cushingberry said Smith’s jail sentence makes him “totally unfit” for public office.
But Smith, 37, said he doesn’t want to be judged on his past troubles.
“I’m truthful, I’m humbled and honored at this opportunity,” he said. “I will not let (residents) down.”
McCalister stands a chance of winning if the opposition is split between Cushingberry and Smith, who have the same voter base because of their longstanding voter recognition, said Target Insyght pollster Ed Sarpolus.
McCalister has his own supporters because he’s the “new kid on the block,” Sarpolus said.
But if voters aren’t split by the well-known politicians, Smith is likely to win the seat, he said.
“It’s Virgil Smith’s (race) to lose,” Sarpolus said.
Campaign complications
There was a threat that Smith might get tossed from the ballot. But the Michigan Supreme Court is waiting until after the election to hear oral arguments on an appeal from Wayne County Prosecutor Kym Worthy, whose plea deal with Smith included a five-year prohibition from holding public office that the trial judge ruled unconstitutional.
Worthy wants the public office moratorium reinstated. Smith declined to comment on Worthy’s appeal.
A big issue in the race is whether to allow more medical marijuana dispensaries in the city.
Two November city ballot proposals would allow more medical marijuana dispensaries to be considered for operation. As part of a regulatory overhaul, the state is requiring existing pot shops to apply for state licenses on Dec. 15 and recommending they voluntarily close before then to increase their chances for getting their licenses approved.
McCalister said he doesn’t think Detroit needs more dispensaries, arguing that too many of them have ventilation issues that subject neighborhood residents to odors. They also attract customers with substance abuse problems, he said.
“Why do we have to flood them in the neighborhoods?” McCalister said.
Smith also opposes the ballot measure, saying many residents don’t want to live near “weed factories.”
Cushingberry said he wants to allow more medical marijuana dispensaries to operate in Detroit because they would increase the city’s tax revenue. He said his stance may have helped McCalister prevail in the primary.
“My community is mad at me because I won’t change my position on it,” Cushingberry said. “The same people that have started the anti-medical marijuana movement live in my district.”
Issues for incumbent
The former state lawmaker and Wayne County commissioner came under fire in 2014 when police found a cup of liquor and a half-smoked marijuana cigarette in Cushingberry’s car that the councilman blamed on his passenger, a licensed medical marijuana patient.
In addition, the councilman’s law license was suspended twice.
Cushingberry said the issues that led to the suspensions occurred before he took office. He also noted that the suspensions were irrelevant because he can’t practice law as a council member.
“I have never been convicted of any crime or any drunk driving offense or any serious traffic offense,” Cushingberry said.
The incumbent said he wants to focus on helping the city emerge from state oversight, expanding public-private initiatives to create jobs for residents and the growth of the Northwest Activities Center.
If elected, Smith said he will lobby for lower auto and home insurance rates in Detroit and getting mixed-use development at the state fairgrounds property.
He said he also wants to help reopen the Johnson Recreation Center because it would “add to the quality of life of the neighborhood.”
“I don’t think there’s too many people out here more qualified than me to bring resolution to the issues at hand,” Smith said. “That’s the reason why I’m in this race.”
Among McCalister’s priorities are improving the quality of life for seniors and creating job opportunities through apprenticeship schools and training programs.
“There’s a vast number of ordinances and issues that I’m looking to address once I’m in that seat,” he said.
By now many of you have heard that Senate Majority Leader Arlan Meekhof instructed the Senate Business Office to relieve me of my committee assignments and take direct control of my Senate office. The only precedent for such action to the best of my knowledge has been in response to former Sen. Virgil Smith shooting up his ex-wife’s car in a fit of rage.
What was my offense? In a letter received by my office notifying me of Meekhof’s actions, no offense was specified. Nor has any offense been formally specified since. There have, however, been nebulous claims of “caucus rules violations” or “disparaging colleagues in their districts.”
In response to such false claims, I encourage people to ask for evidence of such violations or disparaging statements. Trust me, if Meekhof had anything that would withstand reasoned public scrutiny, he would have gone well beyond anonymous false innuendos at this stage to make his case. But I can honestly say that my office and I have done everything possible to navigate the hoops and hurdles of caucus rules, Senate rules, campaign finance laws and all of the other laws that I can think of. So, what is really going on?
This is not the first outrageous leadership action taken. Despite four years of exemplary service as the chairman of the state police and Department of Military and Veterans Affairs budget committees, I was the only Republican senator not assigned a chairmanship when he assumed the role of Senate majority leader.
When I met with the majority leader to ascertain the rationale for his decision, the top two reasons he cited were my vocal opposition to Medicaid expansion (i.e. Section 2001 of Obamacare) and Common Core education standards. Mind you, my position is consistent with the position of the Republican Party’s platform.
So, what was my real offense? Looking out for the best interests of our citizens instead of the special interests in Lansing.
I have consistently gone beyond simply voting “No” and openly advocated for solutions that serve the best interests of our citizens. These solutions often do not reflect the policy positions promoted by the Senate majority leader and more influential donors. In other words, I was doing my job. Like many of you, I opposed Proposal 1 and the subsequent gas tax increase. Like many of you, I oppose economic policies that pick winners and losers.
Meekhof appears to view opposition as “insubordination.” In fact, he openly accused me of “insubordination” on the Senate floor. In response to his accusation, I simply said, “I do not work for you. I work for the citizens of Michigan.” I was relieved of my committee assignments shortly thereafter.
You see, the only rule that I have violated during my tenure in the Senate is the unwritten rule that I am supposed to serve the Senate majority leader and ignore the best interests of my constituents along with the broader interests of the citizens of Michigan. President Trump coined a term for an environment governed by such unwritten rules — the swamp.
I didn’t run for office to serve the Senate majority leader. I ran to serve the citizens of Michigan. That is exactly what I will continue to do.
Make no mistake, if I’m elected as your next governor, I won’t take any orders from the swamp — I’ll drain it.
Sen. Patrick Colbeck is a candidate for governor of Michigan.
Supreme Court will hear case on Virgil Smith plea deal that included ban on run for office
The Detroit Free Press hosted a debate between Detroit City Council District 2 candidates Roy McCalister Jr. and Virgil Smith on Friday, Oct. 20, 2017
Former state Sen. Virgil Smith, D-Detroit, and his eligibility to run for political office will get a hearing next week before the Michigan Supreme Court. The beleaguered politician resigned his seat in the state Senate in 2016 as part of a plea agreement on charges stemming from him shooting at his ex-wife's car in 2015. The charges — domestic violence, malicious destruction of property and felonious assault — grew out of an incident in which Smith allegedly got into an altercation with his ex-wife, who, according to Detroit police reports, discovered another woman in his bed. He told police he fired a .22-caliber rifle into his ex-wife’s car. He called it the stupidest thing he had done in his life. But one part of the deal — that he couldn't run for elective office for five years — was thrown out by a judge, who said it was unconstitutional. As a result, Smith decided to run for the Detroit City Council in November, causing Wayne County Prosecutor Kym Worthy to appeal the ruling to try and keep him off the ballot. The state Court of Appeals denied Worthy's motion and Smith went on to lose the City Council race to Roy McAlister Jr. But Worthy, who wanted to invalidate the plea agreement if it didn't include a requirement that Smith resign, decided to take the case to the state Supreme Court to decide the issue of whether it's a violation of the separation of powers for a judge to essentially sign off on an agreement that prohibits a person from running for office. His case will be one of three the high court hears in the afternoon session that begins at 1 p.m. Jan. 11. The oral arguments will be live streamed at: http://courts.mi.gov/courts/michigansupremecourt/oral-arguments/live-streaming/pages/live-streaming.aspx.
Can plea deal prevent run for office? Virgil Smith case could decide
Kathleen Gray, Detroit Free Press
Jan. 11, 2018
https://www.freep.com/story/news/politics/2018/01/11/can-plea-deal-prevent-run-office-virgil-smith-case-could-decide/1026092001/
:
Anistia Thomas, Ex-wife of Sen. Virgil Smith, speaks out about domestic violence. Mandi Wright/DFP
LANSING -- Wayne County prosecutors acted properly by striking a plea deal for former Sen. Virgil Smith that required him to resign from public office and not run again for at least five years, the prosecutor's office told the Michigan Supreme Court Thursday. But attorneys for Smith, D-Detroit, said it shouldn't be up to the prosecutor or the courts to decide who can run for office — it should be left up to voters. That’s the crux of the case against Smith heard by the Supreme Court. Lower courts have ruled that the resignation portion of the plea agreement with Smith, who was charged with domestic violence, malicious destruction of property and felonious assault stemming from him shooting at his ex-wife's car in 2015, is unconstitutional. Smith did resign from his seat in 2016 after pleading guilty to the charges and being sentenced to a 10-month jail sentence. Once he was released, however, he filed to run for the Detroit City Council, but lost in the November election. Wayne County Prosecutor Kym Worthy has appealed the case to the Michigan Supreme Court, arguing that she should have been allowed to withdraw the plea agreement when the provision to resign from office was thrown out. Based on questions from the Supreme Court justices during oral arguments on the case Thursday, there seemed to be a split on the high court. Justice David Viviano asked whether it was appropriate for an elected public official to use his office as a bargaining chip in plea negotiations. “Do we want people trafficking in their office and using it for private consideration?” he asked. He also wondered whether there were many other similar cases in Michigan that made it such a compelling issue for the court to consider. “Why is this issue jurisprudentially significant?” Viviano said. “You’ve never used it before. Why are we spending so much time and effort talking about it if it’s not pressing.” Jason Williams, an assistant Wayne County prosecutor, said the lower court rulings would preclude any prosecutor from trying to include such a provision in any future plea deals. “These cases are unusual, but they’re not uncommon throughout the country,” he said. Justice Richard Bernstein wondered who the appropriate person is to make the decision on who can run for office. “Why is that a government decision about a person being barred from running for office?” he asked. “Isn’t that a determination for the voters?” Williams said, “The prosecutor has the authority to act in the furtherance of what she believes is in best interests of the public.” Justice Stephen Markman said there was precedent to include a requirement that someone resign from office as part of a plea deal, citing the resignation of former Vice President Spiro Agnew in 1973. “And I don’t think there was outcry in that proceeding,” he said. But there have to be checks and balances on the different branches of government, said Katherine Marcuz, who was representing Smith. “In this case, the executive branch interfered with the core function of the legislative branch,” she said. “They were attempting to control who serves in the Legislature. This practice carries a real harm for abuse.” The case is particularly important because Smith’s crime had nothing to do with an abuse of his public office, she said. The charges grew out of an incident in which Smith got into an altercation with his ex-wife, who, according to Detroit police reports, discovered another woman in his bed. He told police he fired a .22-caliber rifle into his ex-wife’s car. He called it the stupidest thing he had done in his life. The high court has until the end of July to issue a ruling on the case.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement - Oral Arguments 156353 People of MI v Virgil Smith Michigan Supreme Court Oral Arguments January 11, 2018
https://www.youtube.com/watch?v=rZXZbDnuiOc
156353 - People v Virgil Smith
The People of the State of Michigan,
Jason W. Williams
Plaintiff-Appellant,
v
(Appeal from Ct of Appeals)
(Wayne – Talon, L.)
Virgil Smith,
Katherine L. Marcuz
Defendant-Appellee.
Application for Leave to Appeal
Appellee's Answer
Appellant's Supplemental Brief
Appellee's Supplemental Brief
Opinion
Summary In May 2015, State Senator Virgil Smith was charged with domestic violence, malicious destruction of personal property, felonious assault, and felony-firearm. The Wayne County Prosecutor entered into a plea agreement with Smith that required him to resign from office and not hold elective or appointed office during a five-year probationary term. The circuit court accepted the plea and sentenced Smith to serve five years of probation with the first ten months in jail, but then struck the provisions that barred Smith from holding elective or appointed office as violating the state constitution’s separation of powers clause. See Const 1963, art 3, § 2. The circuit court also denied the prosecutor’s motion to vacate the plea. The Court of Appeals dismissed the prosecutor’s appeal as moot because Smith had since resigned his Senate seat, and the panel presumed that Smith would not run for office. When Smith chose to run for the Detroit City Council, the prosecutor moved for reconsideration, which the Court of Appeals denied. In the August 2017 primary election, Smith finished in second place and advanced to the November general election. The prosecutor filed an application for leave to appeal in the Supreme Court, asserting the need for an immediate decision to timely prepare the ballots. The Supreme Court ordered the case remanded to the Court of Appeals for expedited consideration as on reconsideration granted. On remand, in a split published opinion, the Court of Appeals majority upheld the circuit court’s invalidation of the plea agreement provisions that required Smith to resign from office and to forgo holding public office during his probationary term. The dissenting judge asserted that elected officials may voluntarily resign from office as a result of a plea agreement without implicating separation of powers. The Supreme Court has denied the motion for immediate consideration, and directed oral argument on the prosecutor’s application for leave to appeal to address: (1) whether a prosecutor’s inclusion of a provision in a plea agreement that prohibits a defendant from holding public office violates the separation of powers, see Const 1963, art 3, § 2; see also United States v Richmond, 550 F Supp 605 (ED NY, 1982), or is void as against public policy, Davies v Grossmont Union High Sch Dist, 930 F2d 1390, 1392-1393 (CA 9, 1991); (2) whether the validity of the provision requiring defendant to resign from public office was properly before the Court of Appeals because defendant resigned from the Senate after the circuit court struck that part of the plea agreement and, if so, whether it violates the separation of powers or is void as against public policy; and (3) whether the trial court abused its discretion by voiding terms of the plea agreement without affording the prosecutor an opportunity to withdraw from the agreement, see People v Siebert, 450 Mich 500, 504 (1995).
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Lansing — Wayne County Prosecutor Kym Worthy’s office on Thursday urged the Michigan Supreme Court to prohibit former state Sen. Virgil Smith from running for office again while on probation or to vacate the criminal plea deal he agreed to before resigning in March 2016.
Assistant prosecutor Jason Williams made the case before the state’s highest court, arguing trial court Judge Lawrence Talon erred when he stripped some provisions from the plea deal but enforced others, a decision upheld by the Michigan Court of Appeals.
Both courts “violated the separation of powers by binding the prosecutor to a different plea agreement than the one she had negotiated with Mr. Smith,” Williams said. “When a trial court strikes a provision of a plea agreement, they must allow the prosecutor to withdraw the plea. To not do so infringes upon the prosecutor’s charging authority.”
Smith, a 38-year-old Detroit Democrat, watched oral arguments from a seat in the Hall of Justice but declined to discuss his case with reporters. He previously served a 10-month jail sentence after pleading guilty to malicious destruction for firing an assault rifle at his wife’s Mercedes-Benz in May 2015.
Worthy has argued the restriction on public service was a reasonable part of the plea deal she struck with Smith. But a state Court of Appeals panel ruled 2-1, based on federal court precedents, “that it is improper for a public official to voluntarily resign or voluntarily forebear public office as part of a negotiated criminal plea agreement.”
Smith ran for Detroit City Council last year, advancing in the District 2 primary but eventually losing in the general election to newcomer Roy McCalister.
If his plea deal is vacated, Smith could still go to trial and face additional time behind bars if convicted, including a mandatory two-year sentence for felony firearm possession.
His attorneys argued the provisions forcing him to resign and prohibiting him from running for office during a five-year probation period where properly dismissed because they violate the separation of powers clause of the Michigan Constitution, which gives the Legislature sole authority to seat or expel elected members.
“The prosecutor violated the separation of powers here when she used the threat of prosecution and imprisonment to secure Mr. Smith’s resignation and forbearance to hold elected or appointed office,” said Katherine Marcuz with the State Appellate Defender Office.
The plea deal also limited the “right of the people to elect candidates of their choice,” Marcuz argued.
Supreme Court justices peppered both attorneys with questions, legal and hypothetical, about the plea deal.
While provisions forcing resignation or prohibiting future campaigns are rare, Justice Stephen Markman noted the U.S. Department of Justice encourages federal prosecutors to pursue them.
“Former Vice President Spiro Agnew resigned as part of a plea agreement,” Williams responded, noting the 1973 tax evasion case. “I don’t think there was any outcry at that point.”
But Marcuz said the Department of Justice only recommends such plea deal provisions in cases involving public officials charged with offenses “that focus on abuse in the office that is involved.” Smith was not accused of any wrongdoing in office.
Contract law usually discourages politicians from “bartering” their office or using it as a bargaining chip, said Justice David Viviano, who asked why a criminal plea deal should be viewed differently.
Justice Richard Bernstein asked Williams if a prosecutor could use a plea deal to prohibit a political rival from running against her, questioning whether there are limits to the types of deals prosecutors can pursue.
“Why is this not a question for voters?” Bernstein said. “Why is this a determination made by the government?”
Worthy’s office had the authority to include the provisions in the plea deal, and Smith had the option to decline, Williams said in response. Instead, the senator agreed.
“Mr. Smith could have declined this offer, could have gone to trial,” Williams said “Maybe he gets acquitted, maybe he gets convicted.”
Worthy’s office appealed to the Supreme Court in August after Smith finished second in his Detroit council primary and advanced to the general election.
The high court agreed to hear the case but declined Worthy’s motion for immediate consideration in light of his political run. Smith eventually lost his council bid.
“I’m just trying to figure out why we’re spending so much time talking about it if it’s not something that is pressing?” Viviano said.
Virgil Smith case weighed by high court
Justices considering whether to prohibit ex-legislator from office
Detroit News
January 12, 2018
https://infoweb.newsbank.com/
Lansing – Wayne County Prosecutor Kym Worthy's office on Thursday urged the Michigan Supreme Court to prohibit former state Sen. Virgil Smith from running for office again while on probation or to vacate the criminal plea deal he agreed to before resigning in March 2016.
Assistant Prosecutor Jason Williams made the case before the state's highest court, arguing trial court Judge Lawrence Talon erred when he stripped some provisions from the plea deal but enforced others, a decision upheld by the Michigan Court of Appeals.
Both courts "violated the separation of powers by binding the prosecutor to a different plea agreement than the one she had negotiated with Mr. Smith," Williams said. "When a trial court strikes a provision of a plea agreement, they must allow the prosecutor to withdraw the plea. To not do so infringes upon the prosecutor's charging authority."
Smith, 38, a Detroit Democrat, watched oral arguments from a seat in the Hall of Justice but declined to discuss his case with reporters. He previously served a 10-month jail sentence after pleading guilty to malicious destruction for firing an assault rifle at his wife's Mercedes-Benz in May 2015.
Worthy has argued the restriction on public service was a reasonable part of the plea deal she struck with Smith. But a state Court of Appeals panel ruled 2-1, based on federal court precedents, "that it is improper for a public official to voluntarily resign or voluntarily forebear public office as part of a negotiated criminal plea agreement."
Smith ran for the Detroit City Council last year, advancing in the District 2 primary but eventually losing in the general election to newcomer Roy McCalister Jr.
If his plea deal is vacated, Smith could still go to trial and face additional time behind bars if convicted, including a mandatory two-year sentence for felony firearm possession.
His attorneys argued the provisions forcing him to resign and prohibiting him from running for office during a five-year probation period where properly dismissed because they violate the separation of powers clause of the Michigan Constitution, which gives the Legislature sole authority to seat or expel elected members.
"The prosecutor violated the separation of powers here when she used the threat of prosecution and imprisonment to secure Mr. Smith's resignation and forbearance to hold elected or appointed office," said Katherine Marcuz with the Michigan State Appellate Defender Office.
The plea deal also limited the "right of the people to elect candidates of their choice," Marcuz argued.
Supreme Court justices peppered both attorneys with questions.
While provisions forcing resignation or prohibiting future campaigns are rare, Justice Stephen Markman noted the U.S. Department of Justice encourages federal prosecutors to pursue them.
"Former Vice President Spiro Agnew resigned as part of a plea agreement," Williams responded, noting the 1973 tax evasion case. "I don't think there was any outcry at that point."
But Marcuz said the Department of Justice recommends such plea deal provisions only in cases involving public officials charged with offenses "that focus on abuse in the office that is involved." Smith was not accused of any wrongdoing in office.
Contract law usually discourages politicians from "bartering" their office or using it as a bargaining chip, said Justice David Viviano, who asked why a criminal plea deal should be viewed differently.
Justice Richard Bernstein asked Williams if a prosecutor could use a plea deal to prohibit a political rival from running against her, questioning whether there are limits to the types of deals prosecutors can pursue.
"Why is this not a question for voters?" Bernstein said. "Why is this a determination made by the government?"
Worthy's office had the authority to include the provisions in the plea deal, and Smith had the option to decline, Williams said in response. Instead, the senator agreed.
"Mr. Smith could have declined this offer, could have gone to trial," Williams said "Maybe he gets acquitted, maybe he gets convicted."
Court clears way for Virgil Smith to run for Detroit City Council
Click On Detroit - WDIV
April 06, 2018
https://www.youtube.com/watch?v=vxH0V9oO8Jc
An appeals court has cleared the way for former Sen. Virgil Smith to run for Detroit City Council, officials announced Tuesday.
Prosecutor wants Virgil Smith off ballot for Detroit City Council
Click On Detroit - WDIV
April 06, 2018
https://www.youtube.com/watch?v=M_VJutPbjRI
The results surprised experts Tuesday during the primary election for Detroit's City Council
Sen. Virgil Smith plea deal in jeopardy
Click On Detroit - WDIV
April 06, 2018
https://www.youtube.com/watch?v=IFh9OTD8ggU
A judge has decided to hold off on sentencing a Michigan senator who pleaded guilty to a malicious destruction of property charge for opening fire on his ex-wife's car after she found him in bed with another woman.
State senator Virgil Smith to resign from office as part of plea deal
Click On Detroit - WDIV
April 06, 2018
https://www.youtube.com/watch?v=ApTZwP5qz3g
Michigan Sen. Virgil Smith has pleaded guilty to a charge related to firing shots at his ex-wife's car after she found him in bed with another woman.
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Lansing — Former state Sen. Virgil Smith cannot be barred from running for office again, but a Thursday ruling by the Michigan Supreme Court means he could potentially face additional punishment for shooting up his ex-wife’s car in 2015.
In a split decision, the state’s highest court said the plea deal he reached with Wayne County Prosecutor Kym Worthy’s office violated public policy by prohibiting Smith, a Detroit Democrat, from seeking election to any office during a five-year probationary period.
But a majority of justices said Wayne County Circuit Court Judge Lawrence Talon erred when he voided that provision and a forced resignation agreement without allowing Worthy to withdraw the plea deal that included a limited 10-month jail term for Smith.
“When it rejects either the sentence or a plea term like a bar-to-office provision, while keeping the rest of the agreement, the trial court essentially imposes a different plea bargain on the prosecutor than he or she agreed to,” Justice David Viviano wrote in the lead opinion that was joined by Justices Bridget McCormack and Richard Bernstein. “In such circumstances, the trial court infringes on the prosecutor’s charging discretion. This is impermissible.”
The justices kicked the case back to the trial court for additional consideration of the plea deal. Smith had admitted guilt to malicious destruction of property in exchange for the dismissal of domestic violence, felonious assault and firearm charges.
Wayne County Assistant Prosecutor Maria Miller said Worthy’s office is “pleased” the Supreme Court ruled the trial court must allow for withdrawal of a plea agreement if a provision is struck. She did not say whether the office will seek to do so.
“The Wayne County Prosecutor’s Office will determine how the case will proceed in light of this decision,” Miller said.
An attorney for Smith did not immediately respond to a request for comment. The Detroit News was unable to reach Smith directly.
The Michigan Supreme Court did not address the enforceability of a resignation provision in Smith’s plea deal because The Detroit Democrat voluntarily stepped down from the state Senate on March 31, 2016, three days after he began his ten-month sentence.
But the bar-to-office provision in Smith’s plea deal is unenforceable on public policy grounds, the court ruled, stopping short of addressing its constitutionality.
Prohibiting a defendant from seeking public office “would allow political considerations to enter into the prosecutor’s charging calculus,” Viviano wrote. Doing so would restrict “the foundational right of voters” to select their representatives.
“A prosecutor’s charging discretion is a background principle that does not entitle a prosecutor to impair elections,” he wrote. “Nor does the right to enter plea bargains — or the related need for efficient resolution of criminal prosecutions — justify this bar-to-office provision.”
Chief Justice Stephen Markman, joined by Justices Brian Zahra and Kurtis Wilder, concurred with the ruling in part but disagreed that the provision barring Smith from seeking office during probation was inappropriate.
“The fundamental reality of the bar-to-office obligation is that it has been entered into voluntarily by defendant, and it has been entered into by defendant as an alternative to a looming criminal conviction that threatens as a practical matter to bar him from holding legislative office for a considerably lengthier time than the period of his probation under the plea agreement,” Markman wrote.
Justice Beth Clement agreed the resignation requirement was a moot issue, but on different grounds. But she fully agreed the Wayne County Circuit Court should have allowed Worthy’s office to withdraw from the plea deal after voiding parts of the agreement.
Smith ran last year for Detroit City Council, advancing in the District 2 primary but eventually losing in the general election to newcomer Roy McCalister.
Smith case sent back to trial court
Justices cite issues involving plea deal for ex-state senator
Detroit News
July 27, 2018
infoweb.newsbank.com
Lansing – Former state Sen. Virgil Smith cannot be barred from running for office again, but a Thursday ruling by the Michigan Supreme Court means he could potentially face additional punishment for shooting up his ex-wife's car in 2015.
In a split decision, the state's highest court said the plea deal he reached with Wayne County Prosecutor Kym Worthy's office violated public policy by prohibiting Smith, a Detroit Democrat, from seeking election to any office during a five-year probationary period.
But a majority of justices said Wayne County Circuit Court Judge Lawrence Talon erred when he voided that provision and a forced resignation agreement without allowing Worthy to withdraw the plea deal that included a limited 10-month jail term for Smith.
"When it rejects either the sentence or a plea term like a bar-to-office provision, while keeping the rest of the agreement, the trial court essentially imposes a different plea bargain on the prosecutor than he or she agreed to," Justice David Viviano wrote in the lead opinion that was joined by Justices Bridget McCormack and Richard Bernstein. "In such circumstances, the trial court infringes on the prosecutor's charging discretion. This is impermissible."
The justices kicked the case back to the trial court for additional consideration of the plea deal. Smith had admitted guilt to malicious destruction of property in exchange for the dismissal of domestic violence, felonious assault and firearm charges.
Wayne County Assistant Prosecutor Maria Miller said Worthy's office is "pleased" the Supreme Court ruled the trial court must allow for withdrawal of a plea agreement if a provision is struck. She did not say whether the office will seek to do so.
"The Wayne County Prosecutor's Office will determine how the case will proceed in light of this decision," Miller said.
An attorney for Smith did not immediately respond to a request for comment. The Detroit News was unable to reach Smith directly.
The Michigan Supreme Court did not address the enforceability of a resignation provision in Smith's plea deal because the Detroit Democrat voluntarily stepped down from the state Senate on March 31, 2016, three days after he began his 10-month sentence.
But the bar-to-office provision in Smith's plea deal is unenforceable on public policy grounds, the court ruled, stopping short of addressing its constitutionality.
Prohibiting a defendant from seeking public office "would allow political considerations to enter into the prosecutor's charging calculus," Viviano wrote. Doing so would restrict "the foundational right of voters" to select their representatives.
"A prosecutor's charging discretion is a background principle that does not entitle a prosecutor to impair elections," he wrote. "Nor does the right to enter plea bargains – or the related need for efficient resolution of criminal prosecutions – justify this bar-to-office provision."
Chief Justice Stephen Markman, joined by Justices Brian Zahra and Kurtis Wilder, concurred with the ruling in part but disagreed the provision barring Smith from seeking office during probation was inappropriate.
"The fundamental reality of the bar-to-office obligation is that it has been entered into voluntarily by defendant, and it has been entered into by defendant as an alternative to a looming criminal conviction that threatens as a practical matter to bar him from holding legislative office for a considerably lengthier time than the period of his probation under the plea agreement," Markman wrote.
Justice Beth Clement agreed the resignation requirement was a moot issue, but on different grounds. But she fully agreed the Wayne County Circuit Court should have allowed Worthy's office to withdraw from the plea deal after voiding parts of the agreement.
Smith ran last year for the Detroit City Council, advancing in the District 2 primary but eventually losing in the general election to newcomer Roy McCalister.
Prosecutors hope to retract plea deal made with ex-state Sen. Virgil Smith
Prosecutors hope a judge will let them retract a plea deal given to former state Sen. Virgil Smith Jr. in 2016.
Smith, who has already served nearly nine months in jail, is currently completing five years of probation for allegedly shooting an AR-15 rifle at his ex-wife, Anistia Thomas, during a dispute in May of 2015.
As part of the plea deal originally offered and accepted by Smith, he was banned from ever holding elected office again, but Wayne Circuit Judge Lawrence Talon overrode that plea deal stipulation at sentencing in March 2016, calling it "unconstitutional interference."
Smith pleaded guilty to malicious destruction of property and went on to run unsuccessfully for Detroit City Council in 2017.
The matter was appealed to the Michigan Supreme Court, which ruled on July 26 that the judge erred when he altered the terms of the plea deal but didn't give the Wayne County Prosecutor's Office an option to withdraw it.
The Supreme Court then sent the issue back to Talon and the Circuit Court.
The Wayne County Prosecutor's Office appeared before Talon on Monday, Oct. 15, and filed a motion to retract its plea deal, since the elected office provision was removed.
Talon is expected to rule on the motion Nov. 12. If he allows the offer to be retracted, the case would essentially revert to the pretrial phase. There could be a new plea offer, or the case might go to trial.
If Talon refuses to rescind the plea deal, the Wayne County Prosecutor's Office has the option to appeal to a higher court.
Smith's troubles began when his ex-wife arrived at his Detroit home to find him in bed with another woman. A physical altercation erupted and Smith ultimately walked out of his house and started firing his gun in the direction of his ex-wife, striking her Mercedes multiple times, according to prosecutors.
Smith resigned from the state Senate in March of 2016.
Prosecutors hope to retract plea deal made with ex-state senator
Ann Arbor News
October 20, 2018
https://infoweb.newsbank.com/
Prosecutors hope a judge will let them retract a plea deal given to former state Sen. Virgil Smith Jr. in 2016.
Smith, who served nearly nine months in jail, is completing five years of probation for allegedly shooting an AR-15 rifle at his ex-wife, Anistia Thomas, in May 2015.
The original deal accepted by Smith, banned him from holding elected office again, but Wayne Circuit Judge Lawrence Talon overrode the stipulation at sentencing, calling it “unconstitutional interference.”
Smith pleaded guilty to malicious destruction of property and went on to run unsuccessfully for Detroit City Council in 2017.
The Wayne County Prosecutor’s Office this week asked Talon to allow it to retract the deal, since the provision was removed.
Talon is expected to rule Nov. 12. If he allows retraction, the case would essentially revert to the pretrial phase. There could be a new plea offer, or the case might go to trial.
If Talon refuses to rescind the plea deal, the prosecutor’s office may appeal.
Smith’s troubles began when his ex-wife arrived at his Detroit home to find him in bed with another woman. A physical altercation erupted and Smith ultimately walked out of his house and started firing his gun in the direction of his ex-wife, striking her Mercedes multiple times, according to prosecutors.
Smith resigned from the state Senate in March 2016.
Virgil Smith allowed to withdraw guilty plea, faces trial
Former Democratic state lawmaker Virgil Smith was allowed Monday to withdraw his guilty plea in a case involving a confrontation with his ex-wife and instead will go to trial on the matter.
The decision by Judge Lawrence Talon of Wayne County Circuit Court reinstates felony charges of malicious destruction of property, felonious assault and felony firearm, as well as a misdemeanor charge of domestic violence, the Wayne County Prosecutor's Office said.
Smith will go to trial March 4 before Talon in connection with a May 2015 dispute in which Smith allegedly fired a gun at his ex-wife's car.
More than 20 rounds were fired into the ex-wife's vehicle during the incident at Smith's home in the 18000 block of Wexford.
Anistia Thomas, Smith’s ex-wife, said she sustained more than 18 bruises, a busted lip and swollen jaw after the early morning fight when she reported going to Smith’s east-side home and finding another woman, naked, in his bed.
Smith entered a plea in the case in March 2016 and agreed not to hold elective office during his five years of probation. He also was sentenced to 10 months in the Wayne County Jail.
Charges of felonious assault, felony firearm and domestic violence against Smith were dropped and Smith resigned his state Senate seat a few weeks later.
Last year, Smith ran for Detroit City Council but was not elected, losing in the general election to political newcomer Roy McCalister.
During a hearing in March 2016, Talon denied the prosecutor’s motion to pull Smith’s plea deal off the table after Talon said he would not enforce the portion of it that would have forced the Detroit Democrat to step down from the Legislature.
The prosecutor’s office appealed Talon’s ruling.
The Michigan Supreme Court ruled in July that Smith cannot be barred from running for office again.
The final conference for Smith is scheduled for Dec. 14.
If convicted on the felony charges, Smith could get up to 10 years in prison.
Case against ex-senator revived after Supreme Court decision
Associated Press State
November 12, 2018
https://infoweb.newsbank.com/
DETROIT (AP) — A criminal case against a former state lawmaker who shot his ex-wife's car in Detroit is starting over after a summer stop at the Michigan Supreme Court.
A judge on Monday granted the prosecutor's request to withdraw from a 2016 plea deal with Virgil Smith. The Supreme Court said prosecutors should have been allowed to withdraw when Judge Lawrence Talon dropped key provisions.
Smith pleaded guilty in 2016 to shooting his ex-wife's Mercedes-Benz. He was sentenced to 10 months in jail and quit his Senate seat.
The original charges have been reinstated: malicious destruction of property, felonious assault, a gun crime and misdemeanor domestic violence.
Smith claimed that he shot Anistia Thomas' car after she tried to attack a woman in his bed.
Case against ex-lawmaker Virgil Smith revived after Supreme Court decision
DETROIT — A criminal case against a former state lawmaker who shot his ex-wife's car in Detroit is starting over after a summer stop at the Michigan Supreme Court.
A judge on Monday granted the prosecutor's request to withdraw from a 2016 plea deal with Virgil Smith. The Supreme Court said prosecutors should have been allowed to withdraw when Judge Lawrence Talon dropped key provisions.
Smith pleaded guilty in 2016 to shooting his ex-wife's Mercedes-Benz. He was sentenced to 10 months in jail and quit his Senate seat.
The original charges have been reinstated: malicious destruction of property, felonious assault, a gun crime and misdemeanor domestic violence.
Smith claimed that he shot Anistia Thomas' car after she tried to attack a woman in his bed.
Charges revived against ex-senator
Kalamazoo Gazette
November 14, 2018
https://infoweb.newsbank.com/
Wayne County judges Colombo, Halloran, Smith to retire
Three Wayne County judges will be hanging up their robes at the end of December, court administrators announced Friday, taking with them decades of legal experience.
Chief Judge Robert Colombo Jr. and judges Virgil Smith and Richard Halloran will be retiring at the end of the year.
Court officials touted the jurists' imprint on the county's justice system.
"The legal community has had the benefit of these three judicial icons on a local, state, and national level," the Third Judicial Circuit of Michigan said in a press release. "Judge Halloran, Judge Smith and Judge Colombo may no longer be sitting on the bench, but they have made a lasting imprint on the local, state, and national legal community; and they have left the legal community better from their wisdom and their works."
Judge Virgil Smith
Smith, the first African-American chief circuit court judge in Michigan, was appointed by Gov. Jennifer Granholm to Wayne County Circuit Court in 2004. Before his appointment, he served in the Michigan House of Representatives and the Michigan Senate.
Smith, from the Conant Gardens community of Detroit, graduated from Wayne State University Law School in 1972.
As a legislator, he chaired the Economic Development and Energy Committee and served on the 21st Century Commission on the Courts, and Law Revision Commission. Smith's list of awards includes Legislator of the Year by both the Michigan Judges Association and the Police Officers Association of Michigan, according to his biography.
On the bench, Smith served in the Family Division-Juvenile Section and presides over the division from 2004-06. In 2009, Smith was unanimously voted by the Michigan Supreme Court as the Chief Judge of Wayne County Circuit Court.
In that role, he secured funding for court operations, managed finances, implemented a new case management system and child support bench warrant amnesty, officials said.
Smith also presided over the case of Calvin Stephens, the teen charged as a juvenile in connection with the shooting at the Noel Night festivities last year. Smith set a high bond for the teen.
Smith's son, former Democratic state lawmaker Virgil Kai Smith, drew headlines in November when he was allowed to withdraw his guilty plea in a case involving a confrontation with his ex-wife. He faces charges of malicious destruction of property, felonious assault and felony firearm, as well as a misdemeanor charge of domestic violence and will go to trial on March 4.
Outgoing state officials turn to lobbying under lax Michigan rules
Lansing — As a candidate for governor last year, former Lt. Gov. Brian Calley proposed ending the “revolving door” in state government by prohibiting state officials from working as paid lobbyists for two years.
Two days after leaving office, Calley registered as a lobbyist after landing a new job as president of the Small Business Association of Michigan, where he says lobbying will be only a small part of his larger role at the advocacy and member services organization.
The 41-year-old Calley is among at least seven former state officials and lawmakers who have registered as lobbyists or joined lobbying firms since leaving office at the end of 2018. Many had voted for or co-sponsored "cooling-off period" bills that would have prevented them from jumping straight into lobbying, including former Senate Appropriations Chairman Dave Hildenbrand, a Lowell Republican who joined a multi-client firm and will be paid to influence policy and budget decisions.
The recent moves highlight that Michigan is among a minority of states that do not ban recent legislators, department heads or executive officials from immediately taking paid jobs to lobby former colleagues in the government they just left.
Restrictions in other states and Congress, while occasionally weakened by loopholes, are designed to reduce ethical conflicts. Those include the potential for interest groups to promise future jobs to officials in exchange for preferential treatment while they are still in office.
Ethics laws seek to “ensure that public officials are acting in the public interest,” which helps build trust that is essential in a democracy, said Nicholas Birdsong, a policy associate with the Center for Ethics in Government at the National Conference of State Legislatures.
“Revolving door prohibitions, more particularly, exist to prevent public officials — and employees in some cases — from acting against the interests of the citizens they are sworn to serve," he said.
Michigan prohibits lawmakers from resigning to take lobbyist jobs during the term they had been elected to, but its lack of broader restrictions is one of many reasons the state got an "F" on the Center of Public Integrity's 2015 government transparency and accountability report card.
High ranking, highly recruited
Twenty-six states have a one-year cooling-off period before lawmakers can become lobbyists, while 11 have a two-year period. Some states also have temporary lobbying moratoriums for legislative staffers. In Florida, voters recently approved a ballot measure that will ban lawmakers from lobbying for six years, which will be the longest period of its kind when it takes effect.
“Even when there isn’t anything that’s arguably unethical going on, some members of the public have this heightened level of skepticism when it comes to legislator-lobbyist relationships — financial relationships especially,” Birdsong said. “These mandatory cooling-off periods create a barrier.”
Experts say high-ranking officials who leave office are often highly sought after — and well paid — by interest groups because of their personal connections to other government actors. Calley, a Portland Republican, recently got two hours of exclusive face time with new Democratic Gov. Gretchen Whitmer, who gave him a ride to a joint appearance in Grand Rapids.
“A lot of people would honestly love to have that face-to-face contact with a governor,” said James Strickland, a political science researcher at the University of Michigan who has studied the “revolving door” phenomenon. “For any lobbyist or any advocate, that’s very special time.”
Calley said the carpool discussion briefly touched on the Small Business Association of Michigan's support for a new executive directive Whitmer signed to help businesses in “geographically disadvantaged” regions have a better shot at landing contracts or supply deals with state government.
Mostly, they caught up and discussed the gubernatorial transition, the former lieutenant governor said. Whitmer gave him a ride, he suggested, “as a goodwill gesture, sending a message to people that are not Democrats that she’s serious about reaching across the aisle and forming relationships.”
The only thing he lobbied for, Calley told The Detroit News, was for Whitmer to allow her chief of staff JoAnne Huls to replace outdated wallpaper in her Romney Building office that Calley had previously occupied.
Whitmer's lobbyist insiders
The conservative Michigan Freedom Fund has criticized Whitmer for appointing administration officials who were lobbyists or have lobbyist ties, including Department of Licensing and Regulatory Affairs Director Orlene Hawks, whose husband owns a multi-client firm that lobbies for marijuana companies regulated by the agency.
Department of Natural Resources Director Daniel Eichinger previously lobbied for the Michigan United Conservation Clubs. Michigan Department of Environmental Quality Director Liesl Clark had lobbied the Legislature on behalf of her own green energy policy consulting firm.
“These appointments raise serious questions about conflicts of interest and regular Michiganders’ ability to get a fair shake from their state government,” said Freedom Fund President Terri Reid.
Reid previously worked for GOP former Gov. Rick Snyder, who had also hired lobbyists to fill key posts. Two Snyder appointees this year have already gone to work for lobbying firms, while others have taken advocacy positions that may not require registration.
Whitmer signed an executive directive this month seeking to ensure department directors and executive branch staffers place constitutional compliance and "the highest ethical principles above private gain." Any use of confidential information they acquired in state government "for personal gain or benefit" could prompt an investigation.
"We are setting the highest conflict of interest standards that any administration has ever had," Whitmer said, noting her administration includes appointees from the business community, state government and people who worked on "the front lines on behalf of public education, but had to file as lobbyists during that time."
Mark Burton, the governor's chief strategist, was a registered lobbyist through August 2017 and represented the Tri-County Alliance for Public Education.
"I think the most important thing is that we conduct ourselves to high standards, that we are transparent when we do and that we hold people accountable," Whitmer said. "And that's going to happen under my administration."
Appointing lobbyists to government posts can be problematic because "the honest fact is we don't have any kind of financial disclosure law," said Craig Mauger, a watchdog with the Michigan Campaign Finance Network.
Michigan is one of two states that does not require lawmakers and state officials to disclose their personal financial interests. Some departments have disclosure policies of their own.
The Whitmer administration is doing a "full review of conflict of interest policies and procedures," said spokeswoman Tiffany Brown, calling it part of an "ongoing effort to set high expectations, strict ethical standards and consistency across the executive branch."
Legislator lobbyists
Recent officials can be valuable lobbyists because they have relationships with people who still serve, know how business is conducted behind the scenes and understand how committees are governed, Strickland said. But that knowledge “expires” over time, he said.
Knowing people on the “inside” makes it easier for former legislators to get meetings with government officials or staffers, which “is something necessary for any lobbyist to be effective,” Strickland said.
Hildenbrand last week officially joined Kelly Cawthorne, a lobbying firm with a lengthy list of clients that includes Blue Cross Blue Shield of Michigan, DTE Energy, Ford Motor Co., private prison company The Geo Group, Walmart, American Express, Auto Owners Insurance and school districts, according to state records.
While he is still figuring out his role at the firm, Hildenbrand told The News he plans to use his experience and relationships developed during a 14-year legislative career ended by term limits.
"I've tried to build a reputation of service and integrity, and I'm going to bring that into the private sector in government affairs as well," said Hildenbrand, 45. "I'm not serving voters directly anymore, but certainly what we do does impact a lot of people."
Hildenbrand voted for a 2009 bill that would have prevented lawmakers from becoming lobbyists for two years but recalls the measure as a "political maneuver" by House Democrats that he was "conflicted" over at the time.
“I didn’t think it was necessary, but if I had voted no, people would have asked me, ‘What, are you angling to become a government affairs official or a lobbyist when you get done?’ It was one of those things where you’re criticized no matter which way you vote.”
Calley, whose wife serves in the state House, said 100 to 150 people or organizations contacted him about potential jobs between August and January. He said he initially resisted the discussions but decided to join the small business group "very, very late" in the process. He declined to lay out the specific timeline.
Because he’ll be involved in public policy debates, Calley said it was appropriate for him to register as a lobbyist. But SBAM has a separate full-time lobbyist who will more regularly interact with government officials, he said.
“There’s a big difference between having to register as an executive of an association and a person whose profession is lobbying the Legislature,” Calley said when asked whether he still supports the lobbying moratorium he proposed as a 2018 gubernatorial candidate and co-sponsored as a state lawmaker in 2007.
Hildenbrand said he'd been thinking about going into "government affairs" for the past couple years and had a few organizations approach him in 2018. "I basically told them I'm glad to know that they're interested in me, and obviously it's a space that I want to get into after I'm done," he said, "but I can't have any formal conversations while I'm in the Legislature."
‘So what do you do?’
Former House Minority Leader Tim Greimel, D-Auburn Hills, was recently tapped as the new legislative director for AFSCME Council 25 and is still exploring whether he will have to register as what he called "the L-word."
Because he is a dues-paying member of the union, Greimel may be exempt from the legal definition and is asking the Secretary of State's Office for a declaratory ruling.
Greimel co-sponsored cooling-off legislation as recently as 2017 and said he still believes “we need a lot of broader government reforms in Michigan, from additional transparency laws to anti-conflict-of-interest laws.”
A primary purpose of the bill he backed was to ensure lawmakers weren’t promised lobbying gigs while still in office, Greimel said, adding that he did not have any job discussions with AFSCME Council 25 until he was out of office, when union President Lawrence Roehrig personally called him Jan. 4.
Former Sen. Goeff Hansen, R-Hart, registered as a lobbyist in his new role as a consultant for the city of Muskegon. He didn't recall co-sponsoring cooling-off legislation in 2007 but said he intentionally waited to discuss job offers until late last year “because I didn’t think it was right to start looking for work before the end of my term.”
While he doesn’t expect to do much direct lobbying of lawmakers, Hansen said doing consulting work for Muskegon's city government is an obvious fit because of the relationship he developed with the city he represented in the Senate.
“I guess I look at it as 14 years of education on the things that I can help with,” Hansen said of his time in the Michigan Legislature. Term limits force some lawmakers out of office at the prime of their career, he said, calling Hildenbrand a “young guy” who has to take care of his family.
“It’s what his background is, so what do you do? Say no, you got to go bag groceries or something?”
Former Rep. Robert Kosowski, D-Westland, was recently hired as a lobbyist for the Michigan Association of Counties, Kosowski said he had no qualms about joining a "great group ... working on a lot of great things for Michigan." Former Sen. David Knezek, a Dearborn Heights Democrat who lost in last year's primary election, got a job this month as new Attorney General Dana Nessel’s lobbyist to the Legislature.
They'll join other former state lawmakers currently registered as lobbyists, including former Sen. Tupac Hunter of Detroit and former Rep. Mike Callton of Nashville, who helped pass major medical marijuana reforms and now works as an industry consultant. Ex-Sen. Virgil Smith, who resigned in 2016 after he was sentenced to jail for shooting his ex-wife's car, also recently registered as a lobbyist for his own consulting firm.
Michigan has historically had a relatively high number of “revolvers” between the Legislature and lobbying corps, along with a relatively high number of interest groups, according a Strickland research paper recently accepted for publication in the Journal of Political Science. The high numbers are related.
At the congressional level, research shows that “the more staffers you have and more former members of Congress you have on your side” as a lobby firm, “the more often you tend to win,” Strickland said.
Cooling off laws can delay but may not ultimately stop former legislators from becoming lobbyists, he said. Strickland's research found that lobbying moratoriums did not stop the revolving door to any "discernible degree" in states that implemented them between 1989 and 2011.
Ex-wife of former state Sen. Virgil Smith speaks out about domestic violence
Detroit Free Press
Jan. 24, 2019
https://www.freep.com/story/news/local/michigan/detroit/2019/01/24/state-senator-virgil-smith-anistia-thomas/2655392002/
Anistia Thomas’ mind raced when she saw the muzzle flash from the AR-15 rifle.
Thomas said she watched as her ex-husband, former state Sen. Virgil Smith Jr., a Detroit Democrat who represented the 4th Senate District, raised the rifle and fired. Thomas said she was faced with a split-second decision, as she stood that night of May 10, 2015, on the sidewalk near his house: Run or let fear take hold. She ran. “I went into survivor mode,” Thomas recalled in her first in-depth interview since the incident, clasping her hands tightly in her lap. “When I started seeing the flashing fire from the gun, I felt like there was an angel there protecting me. I said, ‘OK, survivor mode. I need to think fast. I can either get frantic and get scared or I’m going to pony up and get out of here and save my life.’ ”
More than three years later, the encounter at Smith's home in the 18000 block of Wexford remains fresh in her mind. Coverage of the episode — Smith says he was shooting only at her car and the Wayne County Prosecutor's Office seemingly agreed in its charging decision — made national headlines and sparked a local media frenzy. Since then, as Smith has navigated the legal challenges in his case, he also ran an unsuccessful campaign for Detroit City Council in 2017. Thomas has since launched an organization dedicated to domestic violence survivors. In sharing her side of what happened, Thomas disputed some details that were initially reported after the incident occurred. They include: allegations that she attempted to attack a woman she found naked in Smith's bed and that she went over to Smith's house unannounced. Early reports also had stated that Smith had chased her down the street naked — Thomas said he was wearing a pair of boxers. When reached by phone Wednesday, Smith denied Thomas' account of that night. "I can say unequivocally that I did not fire any shots at her," Smith said in a brief interview. "I did not invite or call her. I did not hit her." He declined to comment further.
In the interview, Thomas also criticized the Wayne County Prosecutor's Office for reaching a plea deal with Smith instead of pursuing all of the original charges. Wayne County Prosecutor's Office spokesperson Maria Miller declined comment, saying only that "the criminal case is currently in progress." When the prosecutor's office initially announced charges against Smith, it said in a statement that he had physically assaulted Thomas but shot only at her 2015 Mercedes multiple times with a rifle. Smith is set to reappear in Wayne County Circuit Court on Feb. 1 after his four initial charges — malicious destruction of personal property, felonious assault with a dangerous weapon, a felony firearms possession charge and a domestic violence charge — stemming from the incident were reinstated when he violated a plea agreement. The prosecutor's office said Smith violated a provision in the agreement by running for the council seat. Smith's attorney David Steingold said any allegations that Smith fired shots directly at Thomas are inaccurate. "The allegation is that she saw him getting ready to fire," Steingold said. "... As I understand the allegations, no one said he fired at her, only her car, and she was not in the line of fire." Steingold also criticized the charges being reinstated against Smith. "The prosecutors decided they wanted to extract more punishment from Mr. Smith," Steingold said. "He didn't do anything else wrong except he ran for office ... which the Michigan Supreme Court said he was legally able to do." Thomas said she's still healing from what happened. “The trauma is still there three and a half years later,” she said. “This entire time I have not been ready to speak about it because the pain was so deep. … But now, having a family ( a young son) … it has given me more courage and motivation. I have to stand up for myself and let people know the truth and what happened.” Happy beginnings for Smith and his wife When the couple initially connected, it was a whirlwind love story, Thomas said. They met on a double date in 2006, but they were actually on dates with other people. "He was quiet on the whole date," Thomas said. "I didn’t understand why he was so quiet but I later found out he was quiet because he was trying to see how serious I was with the person I was on the date with." Thomas said she later saw Smith again at a fundraiser in downtown Detroit and he eventually worked up the nerve to ask for her phone number. "We went out to the movies the very next day and we were inseparable ever since," Thomas said. "He took me to meet his mom a week later. We spent every day together and we were very much in love. He was my support system, I was his." At the time, Smith was already rising in political circles. He had been elected to the Michigan House of Representatives in 2002 and served until 2008. He was elected to the Senate in 2010. Thomas, meanwhile, was running her own business and was the president of a local chamber of commerce in Washtenaw County. But Thomas said Smith was battling personal demons: He was recovering from an alcohol addiction. Smith was convicted twice in 2004 of drinking and driving — first in February in Lansing and then in August in Chelsea. His license was revoked because he had two drunken-driving convictions within seven years, the Free Press reported in 2015. But Smith attended classes to help with the alcohol addiction and often shared testimonials with his peer group. Thomas said she thought he was headed down a positive path. "He was just a very focused individual and he was all about community and what it meant to help people," Thomas said. "He was very personable at that time in the beginning." The couple married on May 6, 2009. "His father (Wayne County Circuit Court Judge Virgil C. Smith) married us within his courtroom," Thomas said. "... It was the happiest day of our lives for us." But the relationship turned sour shortly after. "As our relationship progressed and we got deeper, his personality started to change," Thomas said. "He started to get more volatile — verbal abuse more than anything." Smith filed for divorce in 2009, 59 days after the two were married, according to court records reviewed at the time by the Free Press. The marriage was officially annulled on Oct. 6, 2009. "I kept it quiet for a very long time because at that time, he was running for the Senate race so a lot of people thought we were still married," Thomas said. "They didn’t know we had been going through an annulment or going through that whole phase." The Free Press previously reported that Thomas also alleged two other incidents involving Smith occurred before they were married. In a request for a personal protection order filed after the 2015 shooting, Thomas alleged that in August 2008, Smith accused her of stealing his iPod and pulled a gun on her and her mother and "threatened to shoot up" her parents' house. She also said that in 2007, Smith went to her home and after a brief disagreement, when she let him in, he ran after her with "arms out to grab the back of my neck." Thomas said she ran to her father's apartment, and her father shot his gun in the air and Smith left. She wrote in the request that Smith was intoxicated during both incidents but noted police weren't called in either instance. When asked earlier this month why she didn't call police, Thomas said she wanted to protect Smith "from the embarrassment." The events that led up to the shooting incident Despite the annulment, the couple had an on-again, off-again relationship, leading up to the May shooting. Thomas said the couple was reconciling and that Smith agreed to go through marriage counseling. She disputed previous media reports and Smith's claims that she showed up to his house unannounced on the night of the incident. "That was completely false," Thomas said. "Virgil called me several times. ... We had a routine at that point and we had started to reconcile our differences. I started staying the night with him at least four to five nights out of each week. We had a routine where I would pull up and park my car at the side (of the house). He would come out and put my car in the garage." When Smith called her that night, Thomas claims he appeared to be intoxicated and his speech was slurred. "I was making sure he was OK," Thomas said. "I said, 'How many drinks have you had? You know this is something you shouldn't be doing.' I said 'I’m on my way.' He said OK." Thomas said she pulled up to the house and noticed there weren't any cars outside but she parked in her usual spot on the side. She said she rang the doorbell and Smith came to the window and began whispering. "He was flushed red and incoherent," Thomas said. "He looked like he was about to fall over. His whole language was slurred. I said, 'Just come to the door.' " Smith, according to Thomas, came to the door and let her in. Thomas said she walked in and proceeded to walk toward the bedroom. "I go into the bedroom and there is a figure in the bed," Thomas said. "There were a lot of things that went through my head, my mind was spinning. I thought, 'Why would someone let me in the house if they have someone there?' " Thomas recognized the woman as a previous acquaintance of hers. "I asked what's really going on," Thomas said, adding that she asked the woman whether she was romantically involved with Smith. Thomas said the woman denied it. "My next reaction was are you kidding me — you’re blatantly lying in my face and you’re naked in this bed," Thomas said. "I snatched the covers from her and said, 'why are you naked?' As soon as I did that, Virgil grabbed me and we got into this whole ... tussle fight. He started hitting on me, he wrestled me onto the ground. He pounds my head into the floor. ... We even knocked a TV over." Thomas rebuffed Smith's previous claims and reports that she had pushed her way into his home and attempted to attack the woman in his bed. "I was not going to attack her," Thomas said. "I never touched her. There were a lot of things I thought about quickly. I knew her and I knew I had a lot to lose as a career woman. He beat me all the way to the side door. It happened so fast that it was traumatic for me to go through and figure out why he would do this to me and put his hands on me." Thomas said once they made it outside, he threw her over a railing and onto the ground. Smith told investigators Thomas threw a chair at his windows but she disputed that claim as well. "When that happened, I got up and ran to the front of the house," Thomas said. "I was so angry with him that I threw a wicker chair up into the air. He was so angry that he went inside and got his gun." Contrary to Smith's account of that night, Thomas said he then started shooting at her. "... He actually tried to kill me," Thomas said. "He shot at me with his AR-15 (a semi-automatic rifle)." Thomas said she ran to the home next door to try to hide but she heard Smith's footsteps through the grass so she decided to keep running until she reached a home at the end of the block. "I ran in and out of almost every neighbor's yard to get down to Virgil's friend's house ... on the corner to try to get to safety," she said. "When they opened the door, they saw I was bleeding (from the tussle in Smith's house)." Thomas said she handed her car keys to the neighbor's girlfriend and asked her to get her car but when the girlfriend came back, she told her the car had been shot up. Investigators later confirmed Smith shot her 2015 Mercedes-Benz multiple times.
"I still didn't call 911 at that point," Thomas said. "I just wanted to get out of there. He shot my car up after he couldn’t shoot me. ... That’s the reason I ended up having to make the 911 call." When she called 911 and told the operator Smith had assaulted her, the neighbor took the phone from her and kicked her out of his house, locking the door behind her, Thomas testified during a June 2015 preliminary examination. Thomas said Smith was waiting outside and she tried to calmly walk away from him. "He was saying a lot of negative stuff and calling me out (using expletives)," Thomas recalled. "I knew he had that gun. I knew not to get into more of an altercation with him." Thomas said she was able to find shelter a block over, thanks to a group of men standing outside their home who allowed her to make a second call to 911. "I could have died and it would have been this lie of them saying I forced myself into the house and I was this enraged woman," Thomas said. "It was nothing of the sort." Thomas said some of the injuries she suffered were bruises, bloody gashes and a busted lip. "I still have neck and back issues from the incident itself," she said. Smith was charged May 12 in connection with the incident and Wayne County Prosecutor Kym Worthy said at the time: "The alleged actions of Sen. Smith cannot and will not be tolerated." Police later said a rifle was recovered from the home. Smith later reached a plea deal with the prosecutor's office in February 2016, where he pleaded guilty to malicious destruction of personal property of $20,000 or more, a felony carrying a maximum penalty of 10 years.
The remainder of the charges were dropped but Smith was required to agree to a number of stipulations, including not being able to hold elective or appointed office during the full term of his probation. Smith officially resigned from his state Senate seat in April 2016. He was sentenced to 10 months in jail and served more than nine months. Smith violated the agreement after he was released from jail when he ran for a seat on the Detroit City Council, a race he lost in November 2017. The original charges were reinstated late last year and the case is ongoing before Circuit Judge Lawrence Talon in Detroit. Thomas said the trial and scrutiny around what happened impacted her personal and professional life. "My credit plummeted," Thomas said. "I didn't have a car and my business was an hour away from my home so I literally slept on my business floor for six months. That was hard but ... it made me stronger." Thomas says she has forgiven Smith Thomas said she hasn't spoken with Smith since the incident. Part of the plea deal required him to have no contact with her. But she said she has forgiven him. "It's very difficult to have the history that we’ve had," Thomas said. "I don’t hate him at all. I had to let it go in order for God to bless me. … I've actually forgiven what happened." Moving forward, Thomas said she has dedicated her life to empowering other victims of domestic violence. Thomas has founded The Purple Print, a digital workbook to assist "intimate partner victims and survivors" by providing resources to help with small business startups, financial resources, legal counsel, emotional/psychological wellness and more. "Seventy-five percent of those affected by intimate partner violence are returning back to their same toxic situation due to a lack of financial resources," Thomas said. "If I am a victim of such abuse, how much time and mental clarity do I have to search online at different resources trying to piece a resolution together? It's time to pull our resources together." She also now has a son for whom she wants to be a positive role model. "It's important to make sure he understands what it means to respect women and how to treat them and how to treat people in society," Thomas said. "If I tolerated it by not speaking out, I do a disservice to my son." But Thomas said more than anything, she hopes her story will empower other women and victims to come forward and share their stories and seek help. "I think there are a lot of reasons as to why this story is important," Thomas said. "We have to think about the type of person we bring in our lives. We’ve got to let people know what's really going on behind closed doors. There's nothing embarrassing about being a victim of domestic violence. … My message is to stay strong."
Trial delayed for ex-state Sen. Virgil Smith
Detroit News
February 08 2019
https://www.detroitnews.com/story/news/local/michigan/2019/02/08/trial-delayed-ex-state-sen-virgil-smith/2802144002/
The trial for former state Sen. Virgil Smith will be delayed, a Wayne County judge told Smith, his attorney and the prosecutor on the case Friday. Smith's trial was scheduled for March 4 but Talon said he has another jury trial that begins Feb. 25 and it will conflict with Smith's trial date. The judge set a pretrial hearing at 8:30 a.m. March 1 to set another trial date for Smith. Smith is charged with shooting up his ex-wife's car following an argument when she came to his east-side home and allegedly found another woman there in May 2015. According to authorities, more than 20 rounds were fired into Anistia Thomas' vehicle outside Smith's home in the 18000 block of Wexford. Thomas said she sustained bruises, a busted lip and a swollen jaw from the incident. Smith faces trial on charges of malicious destruction of personal property-$20,000 or more, assault with a dangerous weapon (felonious assault), felony firearm and domestic violence. Smith is being represented by attorney David Steingold. Last July, the Michigan Supreme Court ruled that Smith could not be barred from running for office again. In the court's split decision, justices ruled that the plea deal Smith reached with the Wayne County Prosecutor's Office violated public policy by prohibiting Smith from seeking election to any office during a five-year probation period. Charges of felonious assault, felony firearm and domestic violence against Smith were dropped In March 2016 and Smith resigned his state Senate seat a few weeks later. Smith ran for a seat on the Detroit City Council in 2017 but was unsuccessful. He advanced in the District 2 primary but lost in the general election to Roy McAlister. In November, Talon allowed Smith to withdraw from his plea agreement, leading to the reinstatement of felony charges.
Former Michigan state Sen. Virgil Smith speaks about moment his political career fell apart
Click On Detroit - WDIV
March 06, 2019
https://www.youtube.com/watch?v=IcyBi_vgUsI
Former Michigan state Sen. Virgil Smith could be headed to prison after charges stemming from a 2015 incident with his ex-wife were reinstated.
From politician to inmate: Virgil Smith breaks silence ahead of new trial
Click On Detroit - WDIV
March 06, 2019
https://www.youtube.com/watch?v=Fq0w2FwCbog
Virgil Smith broke his silence ahead of his new trial.
Defenders: Virgil Smith accuses Kym Worthy of retribution in growing legal battle
Click On Detroit - WDIV
April 12, 2019
https://www.youtube.com/watch?v=5D1hmDKAmUs
Prosecutor's Appeal of Senator Virgil Smith's Plea Agreement
Wayne County Prosecutor Kym Worthy is ready to testify about her handling of a domestic violence and firearms case involving former state Sen. Virgil Smith, after a ruling by the Michigan Supreme Court, a spokeswoman said Saturday.
Under the Friday ruling, Smith can call witnesses at a hearing in Wayne County Circuit Court on his allegations that Worthy was “vindictive” in her handling of his case.
Worthy, who has denied in court filings she acted vindictively with respect to Smith, "is prepared to testify," in light of the court ruling, spokeswoman Maria Miller said Saturday.
David Steingold, Smith's Detroit attorney, said he is hopeful that "justice will prevail" in the case, which he hopes will lead to dismissal of charges against Smith.
Smith accused Worthy of turning vindictive against him because he ran for Detroit City Council after a plea deal fell apart that would have barred him from holding elected office for five years.
Smith, a Detroit Democrat, was sentenced to 10 months in the Wayne County Jail in 2016 after he pleaded guilty to a felony charge of malicious destruction of property and admitted to firing shots at his ex-wife's Mercedez-Benz, parked outside his Detroit home in May 2015.
The violence erupted after Smith’s ex-wife went to Smith’s Detroit home and found another woman in his bed. She said Smith punched her and rammed her head into the floor and wall when she was inside his home. Once she was outside the home, she said, Smith fired shots at her car.
Prosecutors agreed to dismiss three counts as part of the plea deal, which included a requirement that he resign from the state Senate.
Smith, now 40, resigned from the Senate effective April 12, 2016.
But Wayne County Circuit Judge Lawrence Talon removed that requirement from the plea agreement, along with another saying he could not hold elective office during his five-year probation, saying those terms were unconstitutional.
Prosecutors then tried to withdraw the plea deal, but Talon did not allow it. They appealed.
The Michigan Court of Appeals refused to hear the appeal as moot, since Smith had already resigned from the Senate.
But soon after, Smith filed to run, ultimately unsuccessfully, for a seat on the Detroit City Council.
Worthy took the case to the Michigan Supreme Court, which in 2018 ruled that Talon should have agreed to strike the plea deal when he disallowed key parts of it.
Worthy then offered Smith a new plea deal, with no additional jail time, if he pleaded guilty to two felonies — the earlier malicious destruction charge, plus felonious assault.
That was vindictive, Smith then argued, in a bid to get all the charges dismissed. Smith also argued that it was vindictive for Worthy to tell the media, early on in the case, that she did not normally dismiss felony firearm charges related to the commission of a crime, but that she would make an exception in Smith's case because of his "mental health issues."
In arguing that Worthy was upset that Talon refused to honor all the terms of the original plea deal and that Smith had run for Detroit City Council, Smith cited the fact Worthy wanted him to plead to two felonies, up from one previously, as well as the fact that Worthy temporarily refused to offer plea deals to defendants appearing before Talon because of the way Talon handled Smith's case.
Worthy's office, in a court filing, said she could not have acted vindictively because she tried to withdraw from the plea agreement even before Smith filed to run for Detroit City Council.
"The issue in this case is whether a defendant can renege on a plea agreement that he bargained for, and then use the courts to pry an even better offer from the prosecution the second time around," the court filing said.
Talon ordered a hearing on Smith's vindictive prosecution claims. Worthy appealed to the Michigan Court of Appeals, which turned her down 2-1. Now, the Michigan Supreme Court has also rejected Worthy's appeal, meaning the hearing will go ahead.
At the hearing, Worthy "will presumably be required to testify as to the basis of her plea negotiations in the case," Justice Stephen Markman wrote in a dissent, opposing the hearing.
"I have little doubt that the prosecutor was both disappointed and upset when the trial court ... invalidated part of the original plea agreement but refused to allow the prosecutor to withdraw from the agreement," Markman said.
"But prosecutors are no strangers to failing to prevail on issues in trial courts, as well as before appellate courts, without thereby being compelled to testify in open court concerning how, and why, they chose to proceed in a matter after having failed to prevail on some issue."
