Over the past week, the print, radio, and television media have been filled with stories surrounding Mayor Kilpatrick’s dismissal of Deputy Chief Gary Brown.  Many have speculated on whether crimes have occurred and who should investigate.  For the past week, members of my staff have been quietly and deliberatively looking at the allegations and considering the appropriate action, if any, to take. 

From the very first media reports, it has been clear that any possible criminal charges would be state charges.  Thus, the relevant two questions became: one, how should the investigation be conducted, and two, if the facts suggest criminal prosecution is warranted, who can best prosecute these crimes? 

In most criminal prosecutions, a local prosecutor reviews the investigation of the local police or sheriff’s department and then decides if charges are warranted.  It is the prosecutor who is ultimately responsible for the charging decision and ensuring that justice is done.  It is also the prosecutor’s obligation to ensure that conflicts of interest have not occurred and that any appearance of a conflict is avoided or minimized. 

And as we all know, especially when it comes to allegations of public corruption, it is often just as important that an investigation be free of any perceived conflict of interest as it is to be free of the actual conflict. 

Accordingly, the Mayor and Chief Jerry Oliver were correct in asking for an outside investigation into these allegations.  Even if all the allegations are false, any investigation by the Detroit Police Department of the Mayor, their boss, would be viewed as tainted. 

I have no doubt that the Wayne County Prosecutor’s Office could review the work of any investigation regardless of who investigated.   However, on a daily basis, that Office works with the Detroit Police Department on the prosecution of hundreds of cases. Further, as many of you know, Prosecutor Duggan and Mayor Kilpatrick work closely on many initiatives and they are friends. 

In line with those facts, the Governor recommended that my office review the allegations and any investigation.  I agree that the Attorney General’s Office is the appropriate agency.   By law and custom, the Attorney General of Michigan is the chief law enforcement officer for the state.  And, just this year, Public Act 706 made clear that the Attorney General has a special role in any potential prosecution that may involve a conflict of interest or the appearance of a conflict of interest. 

This past Friday, the Governor also recommended that the Michigan State Police investigate these allegations.  However, months ago, well before any of the developments of the past week, Colonel Sturdivant was questioned regarding whether he was at the alleged Manoogian Mansion party.   He denied being at the party and I believe him. 

Yet, it would be easy for those who wish to politicize this process to later claim he had a conflict of interest and taint the entire investigation and any possible ensuing prosecution.

As a veteran of hundreds of criminal trials, I can tell you that one of the first strategies employed by any resourceful defense attorney is to attack the investigation and those who conducted the investigation. 

As I stated earlier, it is ultimately the prosecutor who is responsible for making a charging decision, ensuring that justice is done and that the public has full faith in the judicial process. 

So, while it is my firm belief that the Michigan State Police alone could conduct a professional investigation, why give those who wish to politicize the process an opportunity to attack Colonel Sturdivant, the Michigan State Police and any potential criminal prosecution that may arise from these allegations? 

As the Free Press wrote on Saturday, having the MSP alone investigate this situation adds another “twist” to the whole ordeal.  Granted, often times a conflict of interest or the mere appearance of a conflict of interest cannot be avoided, but if a conflict or the appearance of a conflict can be avoided at the beginning of investigation then it should be. 

We don't need anymore twists.  What we need, what the mayor has asked for and what the citizens of Detroit and Michigan deserve are the undisputed facts brought to light by a truly independent actor, and that's what I intend to deliver.

I will not let wild accusations or baseless allegations derail this investigation.  The allegations against the Mayor and his security personnel will be looked into in such a way that no one can question the integrity of this investigation.

Accordingly, I am doing the following:  I am assigning the head of my Criminal Justice Bureau, Tom Furtaw, a veteran trial prosecutor, to personally direct an investigation into these allegations.  He will direct the investigation using the trained and experienced investigators of my Office, in conjunction with troopers assigned by Lt. Colonel Robert Bertee of the Michigan State Police and a career law enforcement official.

To ensure the most thorough and efficient investigation possible, I have put at Mr. Furtaw’s disposal the full resources of my office.  They will interview any relevant witnesses and administer investigative subpoenas if needed.  The job will be done without any clouds of conflict hanging overhead.

As the People’s chosen top law enforcement officer, I pledge that this will be a fair, thorough investigation that proceeds as quickly as the facts allow.  If charges are warranted, we will prosecute to the fullest extent of the law.  If the allegations are baseless, then we will say so – either way, we will put this matter to rest.