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Macomb County Prosecutor Eric Smith resigns amid criminal charges against him
Macomb County Prosecutor Eric Smith speaks about Michigan State Police taking documents related to his forfeiture fund accounts from his office. Detroit Free PressMacomb County Prosecutor Eric Smith, accused of embezzlement and misconduct in office over how drug and alcohol forfeiture funds were spent, resigned from office Monday.
The announcement came less than week after the longtime prosecutor was charged with 10 criminal counts by the Michigan Attorney General's Office in a nearly yearlong probe of how his office spent the funds.
Smith announced his resignation in a news release from his office.
It states, in part: "it is with heavy heart that today I am announcing my immediate resignation from the Office of the Macomb County Prosecutor. After much reflection, I know that for the betterment of my family, my health, and the citizens of Macomb County it is time for me to step aside so that the Macomb County Prosecutor’s Office can continue its great tradition of serving and protecting the county."
Smith said he intended to "whole-heartedly defend" himself against the allegations.
"I have been part of the criminal justice system for close to thirty years. Know that I have absolute confidence that our cherished justice system will bring forth the truth and exonerate me," he said in his release.
Neither Smith nor his criminal attorneys could be immediately reached Monday.
On Friday, Smith and his former chief of operations, Benjamin Liston, were released on $100,000 personal bonds on criminal charges related to the alleged embezzlement of $600,000 from drug and alcohol forfeiture funds since 2012.
They and two others, including Derek Miller, who was Smith's current chief of operations, are charged in the probe by Michigan State Police.
Investigators found that Smith and other defendants used the money to buy flowers and makeup for select secretaries, a security system for Smith’s residence, garden benches for staffers’ homes, country club catering for parties, campaign expenditures and more, according to the Michigan Attorney General's Office.
Smith, 53, is charged with five counts of embezzlement by a public official and one count each of conducting a criminal enterprise, official misconduct in office, tampering with evidence in a civil proceeding, accessory after the fact to embezzlement by a public official and conspiracy to commit forgery, the Attorney General's Office said.
The alleged crimes range from four- to 20-year felonies.
State Police began the investigation at the direction of the Attorney General's Office following a request in March 2019 by Macomb County Executive Mark Hackel. State Police raided Smith's office and home last year.
Smith provided notice to Macomb County Chief Circuit Judge James Biernat Jr. stating his resignation was effective Monday, and Biernat accepted the resignation.
Prior to his resignation, Smith submitted to the county clerk's office a "statement of appointments" identifying all assistant prosecuting attorneys in the order in which they rank in discharging the functions and performing the duties of the prosecutor's office.
Per the document, Chief Trial Lawyer Jean Cloud is designated as the next ranking assistant prosecuting attorney.
"In light of his 'Statement of Appointments,' there is no immediate lack of an 'officer duly authorized to execute the duties' of Prosecuting Attorney," according to a release from the court. "Accordingly, there is no need for an interim appointment by the Chief Judge prior to the entire Circuit Court Bench convening to appoint a Prosecutor to finish the term until the next election."
The circuit court judges will be accepting applications and set a remote meeting to fulfill their role in appointing a new prosecutor. No dates were determined Monday.
The office of prosecuting attorney is up for grabs in this year's election. As of Monday evening, no one had filed to run for prosecutor, including Smith, a Democrat who had been prosecutor since he was first elected in 2004.
In his release, Smith said that since 1993 he served either as an assistant prosecuting attorney or prosecutor, that he "could never see myself in any other profession" and he was "honored to have stood shoulder to shoulder with so many exemplary people in the fight for justice."
He thanked county citizens and said the office "is bigger than any one person. I know that the office will continue to serve the county with distinction"
In a release last week, Smith's attorneys called the allegations "baseless" and said Smith would continue to run the office.
Hackel said "the right thing for (Smith) to do was step down as being prosecutor in light of these criminal charges."
Hackel, who had been friends with Smith, was not surprised to hear of Smith's resignation.
"I felt he would do the right thing in this situation," he said. "Maybe even for his own self interest, whatever that means. It has to be a decision he makes personally and professionally. He made it, and it's the right decision."
The county Board of Commissioners, chaired by Smith's brother, Bob Smith, was to meet this week to discuss the situation with the prosecutor. That meeting was canceled Monday.
Hackel said that he believes there will be many people who want to become prosecutor.
He said the person appointed by the judges and elected by the voters should be someone with no criminal, moral or unethical conduct issues in their background.
"Now is a time for trust. There's been a loss of trust in government," Hackel said, adding the person should have "an unsullied background."
Smith's resignation comes as the federal government not only is investigating him, but continues a long-term corruption probe that has taken down other public officials in various communities, a garbage titan and a towing magnet during the last several years.
It also comes just two years after Karen Spranger was removed from the county clerk's job by a St. Clair County judge, who ruled she was not legally elected as the Macomb County clerk because she lied about her residency in Warren in her election filings in 2016.
Hackel said he gives credit to Attorney General Dana Nessel "for taking on her role after getting the information from the State Police" in regard to the Eric Smith investigation. Smith, Hackel and Nessel are all Democrats.
"It's not about politics. It's about someone doing the wrong thing," Hackel said. "She's charging one of the more popular prosecutors in the state as well. It wasn't about partisan politics or whether she liked Eric or not."
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