So, the cases of Gabe Leland go from DOJ, to Wayne County, to Macomb County, bifurcated to State, where DOJ still holds the parental authority of the legal matter in a superseding action.
I may have skipped a few jurisdictional machinations, but I might have to visually map this messy out.
Here's hoping I did not piss off anyone in the City of Detroit because they shut off my water since I got a $600 sewage bill this month, because it rained and another property tax foreclosure notice which no one will provide me constituency services.
I wonder why?
Maybe it is because I live in District 7, or something like that.
#maytheheavensfall
The cloud over Gabe Leland got bigger and darker today as the Monroe County prosecutor charged the Detroit city councilman with misconduct in office.
The felony charge comes a month before Leland was scheduled to go to trial in federal court on three counts of bribery for allegedly demanding $15,000 from Bob Carmack to help the businessman in a dispute with the city.
The misconduct in office charge, which carries a maximum penalty of five years in prison and a fine of $10,000, indicates that Leland's fate will be decided in state court rather than U.S. District Court. The charge was brought by Monroe County Prosecutor Michael Roehrig after U.S. Attorney Matthew Schneider asked Wayne County Prosecutor Kym Worthy to take the case. Worthy cited a conflict of interest in any case involving Carmack, who is suing county officials, so the Michigan Attorney General's office assigned the case to Monroe County.
The Free Press reported in May that Roehrig's office was reviewing the case.
Roehrig would not discuss whether his office has been working with federal officials, beyond saying: "It's fair to say we have had discussions with the U.S. Attorney’s office regarding this matter.”
Roehrig also would not discuss the details of the case, but the charging document alleges that Leland "accepted payments of money to influence his vote on certain city matters over the course of his employment as a city councilman.”
The Monroe County Prosecutor alleges that Leland's misconduct occurred between Jan. 1, 2017 and Jan. 31, 2018.
Leland was indicted on three counts of bribery on Oct. 4, 2018, after a federal grand jury determined he demanded $15,000 in May 2017 from Carmack. Leland, who represents District 7 on the city’s west side, continues to serve on the City Council without any restrictions.
Steve Fishman, Leland’s attorney, said Friday: "The sky is actually brighter and more blue for Mr. Leland today because we have reached an agreement to resolve his case in state court.
"He made a big mistake by accepting a campaign contribution in cash which is against the law in Michigan," Fishman added. "He accepts responsibility for his actions and deeply regrets it."
Leland did not return a call seeking comment.
On Oct. 9, 2018, after the first full council meeting since his indictment, Leland met with reporters outside the council chambers on the 13th floor of City Hall.
“I’m innocent until proven guilty and that’s my statement until further comment,” he said.
Six days later, Leland was arraigned in U.S. District Court, one block away from the Caucus Club where the feds say he met with Carmack. As he walked away from the courthouse, Leland said: “I’m innocent, and I’m looking forward to trial.”
Fishman had vowed to take the case to trial, telling reporters after Leland's arraignment: "Most cases over here — 95% — result in a guilty plea.
"This one won't."
Fishman planned to attack Carmack's credibility. Carmack is currently awaiting trial on allegations that he stole city land and sold it for $1 million. Carmack denies any wrongdoing, and the district court judge who bound the case over for trial in Wayne County Circuit Court did so after questioning the strength of the prosecution's case.
But there were signs the case might never go to trial, including records filed in federal court this year signed by prosecutors and Fishman that said: “the parties have discussed a resolution of the matter and need additional time to determine whether a resolution is possible.”
It is unlikely the federal case would proceed if Leland reaches a plea deal with Roehrig's office. Because the charge was filed Friday, there is no timeline yet for the state case. It is unlikely Leland would stand trial in state and federal court at the same time.
There are several reasons Leland may prefer to resolve the case in state court. The maximum sentence for the misconduct in office charge is half the 10 years Leland faces if convicted of bribery in federal court. There is also just one charge in state court, instead of the three counts he faces in federal court. If convicted, multiple guilty counts would likely increase Leland's sentence. And Leland may eventually be able to get a single felony conviction removed from his record, whereas multiple counts would be there permanently.
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Cash for the councilman
Leland’s troubles date back to May 12, 2017, when prosecutors say Leland spoke to Carmack about land on Michigan Avenue that Carmack and the city each claimed. Leland, who was chairman of the City Council’s Planning and Economic Development Committee, stopped the city from selling the land.
“I held it up again,” Leland allegedly told Carmack during a phone call. “Yeah, yeah, it stayed, stayed right, right in committee, brother.”
Later in the call, federal prosecutors say Leland told Carmack: “You didn’t show up to my fundraiser.”
Four days later, the feds say, Leland met Carmack and offered to hold up or prevent the city from selling the land in return for $15,000.
“I should ask for 30, but I’m nice to you,” Leland said, according to the indictment.
On June 8, Leland was the only member of the Planning and Economic Development Committee to vote against putting the sale of the property on the City Council’s agenda.
When the sale went before the entire council on June 13, Leland was the only member to vote against selling it.
On Aug. 2, the feds say, Leland and a part-time campaign worker, Elisa Grubbs, met with Carmack at his collision shop on Michigan Avenue.
What Leland and Grubbs didn’t know was that Carmack was recording their encounters.
Carmack later told a reporter he was upset with Leland because the councilman hit him up for cash at the same time Carmack was caring for his dying father.
So Carmack went to the FBI.
“I put a wire on. I wore it, had a meeting with Mr. Leland, and Mr. Leland asked me would I raise some money for his campaign, and he asked me would I give him $15,000 if he didn’t sell that lot,” Carmack told the reporter.
Fishman told the reporter Carmack's allegation was "a blatant lie" with "absolutely no basis for it in fact."
On Aug. 4, prosecutors say, Leland told Carmack to give Grubbs the money. Carmack said he gave Grubbs $7,500 he got from the feds.
“I asked her, I said: ‘This is for Gabe Leland?’ ” Carmack later told a reporter. “She goes, ‘Yes, it’s for Gabe Leland. It definitely ain’t for me.’ ”
The feds say Grubbs gave the money to Leland later that day.
Five days later, according to the indictment, Leland met Carmack downtown at the Caucus Club restaurant and said he got the $7,500, but not the second half of the deal. Carmack said he told Leland he didn’t know Grubbs.
“No, but you can f***in’ trust me,” Leland replied, according to the indictment. “That’s all that matters.”
In June 2018 — nearly a year after Leland allegedly accepted the marked money from Carmack, but months before he would be indicted — Leland was questioned under oath during a deposition stemming from a lawsuit Carmack filed.
Fishman represented Leland at the deposition, interrupting the questioning to tell Carmack’s attorney: “I’m advising Mr. Leland to assert his Fifth Amendment privilege for any questions having to do with Robert Carmack.”
Nevertheless, Carmack’s attorney asked Leland: “At any time in 2017 did you extort up to $15,000 from Mr. Robert Carmack?”
Leland replied: “I refuse to answer the question based on my Fifth Amendment rights.”
The Fifth Amendment to the U.S. Constitution says a person cannot be compelled to testify against their interest or provide information that may incriminate them.
Leland declined to answer any questions about whether he was being investigated by the feds.
On Oct. 3, 2018, the feds charged Grubbs with conspiracy to help “City Official X” solicit a bribe.
Any question about the identity of “City Official X” was dispelled the next day, when Leland was indicted on bribery and conspiracy charges.
"A sitting member of the Detroit City Council engaging in bribery is an extreme breach of the trust of the people of Detroit that badly undermines their faith in local government," Schneider, the U.S. attorney, said in a statement released that day. "As was starkly demonstrated by the prosecution of former Detroit Mayor Kwame Kilpatrick and several corrupt members of his administration, federal law enforcement is dedicated to rooting out and severely punishing corruption at every level of city governance.”
At the time, Mayor Mike Duggan called the allegations "deeply upsetting and disappointing."
"This is a very unfortunate development for our city at a time when so many things have been going right," Duggan said in a statement. "For now, we just have to let our justice system do its work."
The City Council released a joint statement the day after Leland was indicted, saying it will not affect its work and that the body "will continue to do our jobs, as elected by the citizens of this city."
On Oct. 9, after the first full council meeting since his indictment, Leland met with reporters outside the council chambers on the 13th floor of City Hall.
“I’m innocent until proven guilty and that’s my statement until further comment,” he said.
Six days later, Leland was arraigned in the federal courthouse, one block away from the Caucus Club where the feds say he met with Carmack. As he walked away from the courthouse, Leland said: “I’m innocent, and I’m looking forward to trial.”
If Leland pleads guilty to a felony charge, it would end his career on City Council.
Under the Detroit City Charter, an elected official who “engages in official misconduct,” “corrupt conduct in office” or pleads to “or is convicted of a felony while holding office” forfeits their office.
Neither the City Council nor the city’s Board of Ethics has taken any action to remove Leland or limit his authority.
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