Monday, November 1, 2010

Macomb County Prosecutor: "You Mother*******. I Am Going F****** Bury You"

Macomb County, Michigan is a part of the Detroit-metropolitan area.  The Macomb prosecutor, Eric Smith (in pic, right) like many County prosecutors around the US has an inflated view of himself and his powers as evidenced by the voice mail message quoted above and set out in the account of a call (at the MLive link you can hear the recording of the call left on voice mail, for yourself) Prosecutor Smith made to James Perna, a candidate for commissioner running against Smith's brother.  Here's reporter, Jeff Wattrick's story:

"Eric Smith, the Macomb County Prosecutor [ . . .] left a threatening and profane message on James Perna’s voicemail. Perna is running againg Smith’s brother, Clinton Township fire commissioner Bob Smith, for a Macomb County Commission seat.   The dispute stems from a basically vanilla bit of negative campaigning. Perna sent out a campaign mailer claiming the entire Smith family has long relied on government jobs instead of working in the private sector. That banal slight led Smith to say this as Perna’s voicemail was recording:

"'Jim, this is Eric Smith. It’s 20 to 12. I’m glad you’re a man of your word, you lying mother******. Fine you want to take shots at my brother, he’s running against you. That’s fine. I think it’s a weak move but you want to do that, go ahead. You throw in my mom and my dad, who’s been dead for ten years…you mother*******. I am going f****** bury you. I hope you don’t mind, because you just opened the door.'

As political consultants Joe DiSano and Joe Munem point out on the Saturday edition of their 'To Guys Named Joe'podcast, Smith’s Henry Hill-esque voicemail may violate laws against using profanity in a threatening manner over the telephone.  ct. 30, Joe DiSano on Two Guys Named Joe: This is a devastating situation for Eric Smith. I think there are legal implications to this. I mean this is a sitting county prosecutor threatening to bury someone."
In OurCounty, one of the finest local Small Court judges that I knew wanted to run for the OurCounty Court of Appeals.  This Judge lined up the grass roots political support for the electoral run for this seat, but on the eve of a crucial party convention the local County Prosecutor and two other party bosses (notably: now charged or admitted federal corruption felons) informed the candidate Judge that he would withdraw from the race.  In language not much different from that used by Smith, the OurCounty prosecutor told the Judge that his judicial career was over unless he withdrew from the race because he and his cronies had a politically preferred candidate. 

The arrogance of these County prosecutors is astonishing, and yet it would be a mistake to think that this is a rare occurrence.  This sort of thing went on in the decades before I became a lawyer and throughout my sordid career.  As a young lawyer I spent a few years in the offices of the lawyers who ran the local GOP, lawyers, judges, contractors, mayors, politicians and people wanting something from politicians of all stripe sat around the lobby of this office.  Favors and deals of all sorts were exchanged.  You see, what you might think is an anomaly is in fact common practice.  My fear is that with "reform" and the inevitable growth of "merit selection" of public positions including Judgeships--this sort of deal making continues but at a level you the voter will never be able to address.  The dirty deals now done dirt cheap, will be institutionalized and beyond your purse.

Prosecutor Smith screwed up, royally.  If he has half a brain, he will be convincing his brother to withdraw from the race; he'll report himself to disciplinary counsel; and, he'll issue an abject apology to the voters with a commitment to not repeat the error.  If he's lucky he'll survive the public reprimand that he deserves, and he'll be able continue his career as a wiser and more circumspect public official.  Right now, he's just a punk.


  1. An Open Letter to Macomb County Prosecutor Eric J. Smith

    December 3, 2010

    RE: People v. Thomas Scott
    Case Nos. 2008-003572-FH

    Dear Eric:

    In 2007, I and your childhood friend met in your office. Your friend needed your help to dismiss a gun charge in Oakland County. You had your staff call the Oakland County prosecutor, who referred your friend to Attorney Jerome Sabbota. I was impressed that you had so much influence in Oakland County that you were able to arrange a plea deal under the Holmes Youthful Trainee Act, especially since your friend was 28 years old at that time. Within six months, the charges were dismissed.

    In 2008, with the intent to avoid payment of a large sum of money owed to me, my sons, and my business associates, that same childhood friend and his father requested that you bring criminal charges against me. For over 30 years, I have had business dealings, which have included partnerships, with your friend’s family. It was my misfortune to demand payment from this very influential and well connected family.

    Eric, it is alleged that, upon your friend’s request, you encouraged Captain Maierle, of the Clinton Township Police Department, to file a complaint and to obtain a warrant to search my business for property that belonged to your friend’s family. As project manager, I had the authority to remove that property from a renovation site to protect it from damage. It was common knowledge that I removed the property, and it would have been returned upon request. There was no theft involved.

    Eric, I have been to court over 40 times on this matter. Not only have I paid thousands of dollars in legal fees, but thousands of taxpayers’ dollars have been spent in the pursuit of an action that was legitimately performed in the course of business.

    I urge to either take me to trial or to drop the charges. My attorneys, Carl Marlinga (586) 468-1783 and James C. Bishai (586) 415-0400 or (586) 945-8737, are anxious to meet with you to resolve this matter.

    Assisting a friend in need is admirable but not when your assistance is used to pursue a false claim at taxpayer expense.


    Thomas Scott

  2. Eric Smith has people working for him that break the law. His secretary, Heather Esposito, writes bad checks to people than has her husband call and tell you he's Eric Smiths best friend and that there is nothing you can do to them. They are low class people. Sounds like Mr.Smith needs to get off his high horse and look for criminals in his own office.

  3. part 1

    Oakland County 52-3 District Court corruption of the 3 witches
    Nancy T. Carniak
    Julie A. Nicholson unjust witches no honor at all corruptions mane base
    Lisa L. Asadoorian
    This if the most sick unjust court on are earth I been here with people before they ask are you a christen? or catholic? Did you go to college? And if you say your poor you are really hit if you tell them your christen or poor you’re in for it they will do all they can to you as the others get off the hook for the same thing I seen it myself and you know lot more they will start coming forth and telling there story’s from the witches in 52-3 sickness and there all in it together can’t tell anyone you will just get told to call there people and they sit back and laugh be nice to see them in chains put in the camps made for them they know it’s coming so if your poor or a christen be ready to be the last one in the room for secret bad unjust punishing and you can’t talk at all judge will tell you you’re not smart you don’t have no school in law shut up yes that’s what happens there forced to take a layer that’s on their side and he tells you to shut up you can’t talk only I can lol and when the witness comes and tells them you did nothing don’t matter there a enemy to go after you anyways and I see a lot of people get forced to take pleas and more have no choice there poor so just take it why do they take it ? they threaten people will lock you up for a long time yes this goes on here all the time everyday just think of all the people they locked up for nothing or all the unjust gain they made off people its sick I lived in mi all my life was fatherless and my mom was a widow got locked up 3 years for skipping school doped up beat in Macomb county jail from the youth home hand cuffed my feet yes hand cuffed and was told to walk really ? was bleeding was 13 years old 36 now and there after my son ill shine bright and stand up like I never have before I love my sons and ill die for them and everyone else’s kids so the same things don’t happen to them I think at that time Oakland and Macomb are partners together unjust filth took me to the jail and beat me and to top it off sent me to a camp for 2 ½ more years whole teen life took for greed more years back then they made everyone think I was the bad one but the truth was I did not do anything I just wanted to be home with my mom and I ask why you keeping me ?

    1. I'm very much a Christian and also a lawyer. I have practiced before all 3 of these fine judges for several years and have not seen a hint of anti-Christian behavior on their part. All three of these judges have excellent judicial temperament and listen carefully and well. I think your criticism of them is unfair!

  4. part 2

    They never told me why 2 years past for skipping school was it they made a lot of money keeping me there? Yes that’s what it was anyways the judges up there are getting locked up left and right not just in Michigan all over the usa look in to it look in to it yourself king James bible tells us satin will be locked up for a 1000 years why the poor will rain with Jesus forever fema un camps are for them yes not for the good people lol earth is full of injustice well the good news is to the poor and bad news for the devil cps dhs killers schools all over doping are kids for profit yes you see them shutting down all over that’s why it gets deeper than that look at all the people they work for cps forcing people in to privet sick programs one of them catholic social services Oakland they own cps its sick look up cps dhs pleads guilty millions fight back with words shutting down all over the place so the reform is for the good not for the bad we are going to be freed the land will be purged from the evil they got the papers they all know what to do but there not so there getting hauled off to camps you will start seeing the tv is converting over to the people the net is the peoples already God tells us everything will be uncovered where will they run to the poor did not have a chance nowhere to run but to people that just wanted money that the poor did not have yes its time to stand all of us no slander show yourself as men not beast like them we are the word of GOD all of us together they are fleeing by the 10000s devil knows time is short so there going to put in down harder but the whole earth is watching them and I don’t think they know it well most of them don’t but the ones are like man what’s going on with all the courts and stuff Prosecuting Attorneys are really hit to getting hunted all over the usa why? They lie and make up things to lock people up more they lock up more money they get don’t care about family’s kids nothing just money its sick Jesus sat with them and warned them but they was to greedy tax collectors layers all of them there hit all them will be put to shame and tossed in to the lake of fire think God would toss them there if he did not rule it his self God is just my friends and he’s for the poor the week the fatherless and the widow and hates unjust gain yes the living god is great and mighty he will save you  but to the greedy filth that ruins the earth woe is you for your days are coming like a thief in the night you will be taking to hell and the poor of the earth will inherit all why? In are weakness we were made strong GOD Bless All you and peace to the people

  5. No limits even when it involves children . To tell the story of the actions from Macomb County Prosecutors which they get away of is hard for people to believe. Is one of the qualifications to be a Macomb County Prosecutor to pass a class you one step below God.