Prosecutor pushes progress, judge finds “complete dishonesty” and “contumacious conduct” by former assistant prosecutor, lawsuit dismissed

Macomb County Prosecutor’s Office
Contact: Dawn Fraylick, Communications Director
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May 31, 2024

Prosecutor pushes progress, judge finds “complete dishonesty” and “contumacious conduct” by former assistant prosecutor,
lawsuit dismissed 

Mount Clemens, MI - The Macomb County Prosecutor’s Office is a much better place than it was four years ago, despite obstacles such as a former assistant’s lawsuit dismissed last week by a federal judge. 

On May 23, U.S. District Judge Judith E. Levy dismissed with prejudice a lawsuit brought by former Macomb County Assistant Prosecuting Attorney Joshua VanLaan, who sued the county prosecutor and Macomb County citing employment claims. “[T]here’s just no reason to believe that refiling this case would produce a different outcome,” stated Judge Judith E. Levy on the record according to the hearing transcript 

“The real winners are the residents of Macomb County, who now have a prosecutor’s office they can truly be proud of,” said Lucido. “The judge said the person suing me lied and was dishonest. I ask the media to report the dismissal with as much fanfare as they reported the lying dishonest plaintiff’s headline grabbing lawsuit,” said Lucido.  

In evaluating whether dismissal was appropriate after the plaintiff failed to produce documents and failed to answer deposition questions, Judge Levy cited the plaintiff's “failure to cooperate, whatsoever, in any prosecution of their own case… and complete dishonesty by either plaintiff or his counsel or both. It seems both are involved.”

“[W]hether the party's failure is due to willfulness, bad faith or fault, I find, today, that it's certainly due to all three of those are met here,” stated Judge Judith E. Levy.  “I don’t know, honestly, whether plaintiff and his counsel are trying to thwart the proceedings or they have reckless disregard, but they have one or the other or both.”

The federal judge also found there was “contumacious conduct.”  Judge Levy stated, “And Contumacious is defined as perverse in resisting authority and stubbornly disobedient. That’s what we have in this deposition is stubbornly disobedient. Plaintiff goes on engaging in a perverse resistance to authority, and he is certainly stubbornly disobedient.”

“I ordered him to cooperate. He didn't do it. Not only did he not cooperate, he lied,” stated Judge Judith E. Levy, according to the transcript.

“That’s not the way people should be litigating cases. The kind of skirting the answer and arguing with counsel, it’s a bad example of what the practice of law is about,” said Judge Judith E. Levy.  “And here, plaintiff and his counsel just will not follow the rules, and that cannot be rewarded.”

The plaintiff’s lawyer previously notified Judge Levy that the plaintiff informed him he was ill and could not attend his deposition, but the plaintiff, who is also a lawyer, “was in court, in a different court, representing a client, undoubtedly billing for his services there.  He was not too sick to have a two-hour evidentiary hearing in a different court,” said the judge.

The judge ordered a hearing in 14 days on “the sanction of attorney fees” for having to file the motion that resulted in dismissing the case.

Macomb County Prosecutor Peter J. Lucido came into an office with low morale. The prior administration did not acknowledge changing trends in prosecution, for many years did not advocate for the office to provide needed resources, and left a culture that suffered as a result of the way the office was run. The final blow was charges leveled against the prior prosecutor, two assistant prosecutors and in which staff members were named or testified.  

Assistant prosecutors were responsible for prosecuting modern cases, but had old technology and outdated processes.  Special units had not changed with changing times to address issues like conviction integrity or hate crimes, among other things. Specialty courts and diversion programs, known to reduce recidivism and address underlying mental health issues were poorly supported and in some cases opposed by the prior administration. The year 2017 started a flood of digital evidence when Macomb County police agencies started using body-worn cameras, but the prosecutor’s office was ill-prepared.

Lucido formed modern units to prosecute modern crimes, procured modern technology to prosecute modern crimes, and implemented a modern approach to criminal prosecution.  Modernized units include a Hate Crimes Unit and Conviction Integrity Unit. Modernized technology includes a new digital evidence management system, new case management system, and mobile phones for assistant prosecutors. Modernized approaches to criminal prosecution include more use of special treatment courts, requiring mental health evaluations as part of bond or any plea in every gun crime case, improved communication with crime victims, and more.

In addition to successfully prosecuting crimes, other progress by Macomb County Peter J. Lucido's Office includes:

• Child Support Collections Increased: Prosecutor Lucido’s office intensified efforts to collect child support from parents who owe $5,000 or more, and prosecute when necessary, successfully collecting almost $1 million for Macomb County children since last year under this new initiative, with most collections done while avoiding criminal prosecution.
   
• Mental Health Assessments for Gun Crime Defendants: Implemented a first-in-Michigan policy requiring mental health assessments as part of bond conditions in all gun crime cases, recognizing and addressing mental health issues early to prevent further crimes.
   
• School Threats Taken Seriously: The Prosecutor’s Office authorized many school threat cases, with a commitment to prosecute.
   
• Hate Crimes Unit Launched: Introduced Macomb County’s first Hate Crimes Unit, to successfully prosecute crimes where there was specific intent to intimidate, harass or assault another person because of that person's race, color, religion, gender, or national origin, and other factors. 
   
• Conviction Integrity Unit Exoneration: This unit investigates claims of innocence as a result of clear and convincing new evidence that the convicted defendant was not the person who committed the offense and to review claims of factual innocence based on new evidence such as DNA.  This unit secured an exoneration.
   
• Major Crimes Unit Launched: Prosecutor Lucido organized the top-ranked assistant prosecutors to focus on major crimes, and train more APAs to handle these types of cases.
   
• Warrant Appeals Unit Launched: Established the state’s first formal prosecutor’s office unit allowing victims and law enforcement officials to have a second review of warrant requests where charges were denied.
   
• Digital Evidence Management Platform Implemented: With over 800,000 pieces of digital evidence, police agencies can now upload digital evidence, which the Prosecutor’s Office reviews, and defense lawyers can download directly, resulting in “discovery” information faster than it’s ever been provided.
   
• Increased Internships: Hosted over 200 law school and college interns. Court rules permit law student interns to handle court hearings under supervision and help the office expedite cases.
   
• Paperless Crime Victim Rights: Implemented the county’s first paperless system for crime victims to request rights and notifications via text message or online through the Prosecutor’s Office website.
   
• Police Training Provided: Regular training sessions by assistant prosecutors are conducted for every police agency in Macomb County, including updates on recent court cases.
   
• Enhanced Auto Theft Unit: Addressed a surge in attacks on dealerships and manufacturing plants, prosecuting more continuing criminal enterprise cases in the past two years than in the previous decade, resulting in over $834,852 in restitution.