In The News

In The News

Monday, March 7, 2016

Attorney for Cindy Gamrat: "Unfortunate Misrepresentations" made in Hearing. Mike Nichols Speaks Out About Swear-To

By Michael Nichols
Categories: Michael J. Nichols

Mike Nichols released the following statement to the media after inquiries over the contents of a transcript of the ceremony for the "swear to" of the arrest warrant for Cindy Gamrat on 2 felony charges for misconduct in office:

"I am disappointed after reading the entire transcript of the hearing in which detectives swore out the facts of the arrest warrant. Lawyers for Bill Schuette also appeared in an unusual occurrence during this hearing to try to satisfy the district judge's skepticism that a crime occurred even if the facts alleged are true.

While I am committed to taking the high road and to refrain from trying this case in the media, I believe I am obligated under the rules of professional conduct for attorneys to correct a number of misstatements of fact and law during this hearing since the Lansing State Journal has obtained the transcript and inquired of me regarding the hearing.

In this case, the inaccurate matters range from the characterization of Ms. Gamrat's interview and whether she was even asked about the infamous false flag email during her formal interviews, to the reality of whether she even had a formal conversation with anyone about Rule 41 or the definition of "signature" under the rule. Further, while reasonable minds can disagree, I find absolutely no support for certain statements made by attorneys for Bill Schuette regarding the legal standard for "corrupt intent" to satisfy the definition of misconduct in office in violation of the common law. As a result, we all have to revisit this ugly personal conduct that ended the terms of these 2 individuals way back on September 11, 2015.

I do not know, nor will Michiganders ever know, if the magistrate would have signed the warrant that allowed Bill Schuette to tear the scab off this wound while people in Flint die from poisonous water and our resources are needed there so desperately. Needless to say, Ms. Gamrat is asserting her innocence to criminal charges, demanding a speedy trial and hoping she and everyone else can re-focus on more important issues. For her, it is healing her family and finding a new career. For the rest of us it is helping our brothers and sisters in Flint. Thankfully, the constitution is a hard and fast set of principles binding the judicial branch that protects not just Cindy Gamrat, but unlike the legislative and executive branch, it protects us all."

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.