Snyder advisor files intent to sue AG over Flint water case, claims malicious prosecution

Lansing — A former top adviser to Republican former Gov. Rick Snyder intends to sue the attorney general, former solicitor general and the Wayne County prosecutor on allegations that the unsuccessful criminal case pursued against him stemming from the Flint water crisis amounted to malicious prosecution.

Richard Baird, who served as Snyder's transformation manager, filed a notice of intent in the Court of Claims earlier this month against Attorney General Dana Nessel, a Democrat; former Solicitor General Fadwa Hammoud and Wayne County Prosecutor Kym Worthy.

Baird's letter said he intended to pursue claims of "malicious prosecution, abuse of process and intentional infliction of emotional distress." He alleges the decision to use a one-judge grand jury to indict him in 2021 was "intentionally and wrongfully decided."

"In doing so, they denied me due process and other rights guaranteed by the U.S. Constitution," Baird wrote.

He is seeking damages of more than $1 million in "mental and emotional distress, conscious pain and suffering," more than $1 million in reputational damage and $800,000 in attorney fees.

Nessel's office on Wednesday said, as a general rule, it does not comment on notices of intent to sue.

More:'We're on our own': Flint marks 10-year water anniversary with frustration, sober resolve

More:Grand jury testimony, exhibits key to failed Flint water prosecution kept under seal

Baird said Wednesday it is his "sincere hope" he won't have to file the civil lawsuit. He said he and his attorney are awaiting a response from the attorney general's office in the hopes they can enter into pre-litigation mediation and avoid a court fight.

"It is incredibly painful for a guy who loves his native state of Michigan to contemplate bringing a lawsuit against the state, but at the end of the day I am not a person who can stand by and let them to do me what they did," Baird told The Detroit News. "It’s just not right."

On the same day Baird's attorney, Michael Rizik Jr., filed the notice of intent in the Court of Claims, he also filed a Freedom of Information Act request with the state asking for copies of communications related to Snyder and what appears to be the Flint prosecutions, though Flint was redacted in the request obtained by FOIA Services Michigan and shared with The Detroit News.

The requested communication includes messages exchanged among Nessel, Hammoud, Worthy and Genesee County Circuit Judge David Newblatt. Newblatt served as the one-judge grand jury in the Flint cases that the Michigan Supreme Court unanimously ruled was unconstitutional.

"Additionally, I am inviting you to enter into pre-litigation mediation to resolve the claims we will raise should we file suit," Rizik said in the letter.

Baird was one of nine city and state officials — including Snyder — indicted by a one-judge grand jury in 2021 under a prosecution team led by Hammoud and Worthy.

Baird was arraigned on perjury during an investigative subpoena investigation, misconduct in office, obstruction of justice and extortion in relation to the Flint water case.

All of the charges were later dismissed when the Michigan Supreme Court in 2022 ruled the one-judge grand jury that issued the indictments was not used appropriately because the judge could not both hear evidence and issue charges in the same case.

Baird, one of Snyder's closest advisers who was in charge of Flint's recovery effort, retired from PricewaterhouseCoopers in 2010 after nearly 30 years with the accounting giant before he was recruited by Snyder in 2011. Snyder and Baird worked together earlier in their careers at Coopers & Lybrand, a predecessor of PricewaterhouseCoopers. He worked for Snyder as his transformation director through the end of the governor's term in 2019.

Baird said he separated from many of his consulting contracts and board appointments when he was charged in the Flint criminal case to prevent the "attorney general and her prosecution team from dragging any of the things I care about into the mud."

While many Flint defendants had all or part of their attorney fees paid for by the state of Michigan, Baird, who was using a smaller law firm, was unable to get the same level of reimbursement. Because of that, Baird said he bore much of his defense costs personally, to the tune of $800,000.

"Now is the time for me to discuss getting the same reimbursement that every other unfairly charged defendant was able to get from State of Michigan or the city of Flint," Baird said.

eleblanc@detroitnews.com