Special prosecutor: No decision on DePerno probe before Election Day

Lansing — A decision on whether to authorize charges against Republican attorney general candidate Matt DePerno and eight others over an alleged conspiracy to access voting machines will not come before Tuesday's election, said D.J. Hilson, the special prosecutor handling the probe.

Hilson, Muskegon County's prosecutor, announced the update Friday, four days before the midterm election in which DePerno is hoping to unseat Democratic Attorney General Dana Nessel.

Hilson was named the special prosecutor on Sept. 8. About a month earlier, Nessel's office formally sought the appointment of a special prosecutor on Aug. 5 to consider an array of potential criminal charges against nine individuals, including some of the most outspoken proponents nationally of unproven claims of fraud in the 2020 election.

"Given the complexities of this investigation, the time it takes to obtain and evaluate certain pieces of evidence is beyond our control," Hilson said in a statement Friday. "I understand the desire to have these important decisions made prior to the upcoming election.

"While my team will continue to diligently work with the Michigan State Police to move as quickly as possible, I will not sacrifice my ethical duty to make a fair and just decision, nor jeopardize the rights of any potential defendants by proceeding without all of the necessary evidence and information. For these reasons, a decision will not be made prior to Nov. 8, 2022."

Hilson said his office has had "ongoing meetings with the Michigan State Police to thoroughly review the investigation and facts of this case."

In addition to DePerno, Nessel's office also listed state Rep. Daire Rendon, R-Lake City, and Barry County Sheriff Dar Leaf on the referral for a special prosecutor.

The group's efforts in Michigan involved convincing local clerks to hand over five tabulators, taking the tabulators to hotels or rental properties in Oakland County, breaking into the machines, printing "fake ballots" and performing "tests" on the equipment, according to an August letter from Christina Grossi, the chief deputy attorney general to Secretary of State Jocelyn Benson.

Nessel's office said a special prosecutor was necessary because of a conflict resulting from DePerno's involvement.

Potential charges include "but are not limited to" conspiracy, using a computer system to commit a crime, willfully damaging a voting machine, malicious destruction of property, fraudulent access to a computer or computer system and false pretenses, according to the Attorney General's Office.

DePerno, who rose to prominence questioning election results in northern Michigan's Antrim County, was "one of the prime instigators of the conspiracy," according to the Attorney General's office. But he has denied the allegations, contending they are politically motivated.

In an Aug. 29 interview with The Detroit News, DePerno said the claim against him "doesn't matter" because access to tabulators was given freely by local clerks.

DePerno and Nessel are locked in a tight race to be Michigan's top law enforcement official.

Nessel was leading DePerno 44% to 43% in an Oct. 26-28 poll of 600 general election voters commissioned by The Detroit News and WDIV-TV (Channel 4) and conducted by the Glengariff Group.

cmauger@detroitnews.com