In October 2022, prosecutors in the Flint water criminal matter appealed Genesee County Circuit Court Judge Elizabeth Kelly’s ruling, which was later affirmed by the State Supreme Court, that dismissed felony charges against seven state officials including Rich Baird. Following the submittal of the state’s appeal to the Michigan Court of Appeals, attorneys at Levine & Levine Attorneys at Law, who represent Baird, filed motions to dismiss the appeal and affirm Kelly’s earlier ruling. On March 1, the Michigan Court of Appeals ruled on the motions filed on Baird’s behalf. The Court ruled to affirm Kelly’s ruling, but denied the motion to dismiss. The ruling leaves room for the Flint water prosecutors to appeal Kelly’s ruling to the State Supreme Court.
Regarding the motion to affirm, Court of Appeals Judge Elizabeth Gleicher stated the reason she affirmed Kelly’s decision was, “the questions to be reviewed are so unsubstantial as to need no argument or formal submission.”
“Once again the courts agree that the one-person grand juror did not have any authority to indict Mr. Baird and therefore the Indictment issued is today STILL null and void, said Randall Levine, managing partner at Levine & Levine. “The prosecutors need to stop the nonsense and vendetta against Rich Baird, who went to Flint to help solve the water crisis. There is no reason to victimize Rich for an issue that started well before his arrival. The only thing that the state is accomplishing by continuing its unjustified prosecution of Rich Baird is to deter good, hard-working folks from taking an active role in government.”