Former Flint EM expected to take the stand Tuesday but may refuse to answer questions – MLive.com

FLINT, MI -- The jury in a civil Flint water crisis trial is expected to hear from a former emergency manager for the city on Tuesday, April 19, but wont know until then whether that testimony will be given in-person or through a videotaped deposition he gave nearly two years ago.

Gerald Ambrose, who worked as Flints last emergency manager in 2015, is expected to be questioned outside the presence of a 10-person jury on Tuesday to determine whether he intends to invoke his 5th Amendment right against self-incrimination, according to an order issued Monday, April 18, by U.S. District Court Judge Judith E. Levy.

Ambrose and four other potential witnesses, including former Gov. Rick Snyder, are facing criminal charges tied to the water crisis and have asked the U.S. Court of Appeals for the Sixth Circuit to hear their request for a review of an earlier ruling by Levy that required them to testify.

In the ruling, Levy rejected a request from Ambrose, Snyder and the other witnesses to quash their subpoenas in the civil trial and to allow them to invoke their 5th Amendment right against self-incrimination to all questions they are asked.

The Court of Appeals has not announced whether it will hear those appeals and on Monday, Levy issued an order saying attorneys for four Flint children can proceed in their case by calling Ambrose as a witness.

The children have filed negligence claims against two companies -- Veolia North Amercia and Lockwood, Andrews & Newnam -- that advised the city during the water crisis.

Levys Monday order says that if Ambrose refuses to answer questions on Tuesday, he can be declared an unavailable witness and attorneys for the children can use his videotaped deposition as testimony.

Court filings say Ambrose gave his deposition in June 2020, more than six months before he was indicted by a grand jury on four felony counts of misconduct in office.

Depending on the Courts of Appeals decision, Ambrose could be required to return to the stand to answer additional questions and could risk contempt of court charges if he maintains his silence.

Attorneys for Ambrose have previously told Levy of his intent to invoke his right against self-incrimination.

Whether his testimony on Tuesday is in-person or his video-taped, Ambrose is likely to be questioned about his involvement in particular with Veolia, which worked on problems with discoloration and elevated levels of chlorine byproducts in Flint water in 2015.

Veolia witnesses have testified that Ambrose and other city officials told them that re-connecting Flint to the Detroit water system was not an option despite evidence that city water, drawn from the Flint River in parts of 2014 and 2015, could be corroding transmission pipes and home plumbing.

The children who are suing Veolia and LAN claim the companies were negligent in advising the city about its water system and claim they were damaged by elevated levels of lead in their water.

The companies have questioned the extent of the childrens injuries and deny they are responsible for any injuries they suffered.

Attorneys for the children had previously asked Levy to allow them to present Ambroses video deposition to the jury, which she declined.

But in her order Monday, the judge said she will allow the attorneys to call witnesses in their preferred order.

If the Sixth Circuit denies the motions by Snyder, Ambrose and others, Veolia and LAN will be permitted to recall Ambrose to the stand in person, Levys order says. The former emergency manager can then either assert his Fifth Amendment rights or answer questions within the scope the Court will set forth.

Levys Monday order also says that if the Court of Appeals grants permission for leave to appeal and affirms her order, Veolia and LAN will be permitted to recall Ambrose to the stand in person and ask questions within the scope set forth by the court.

If the Sixth Circuit reverses Levys order, the companies will also be permitted to recall Ambrose to the stand in person so that the jury can hear his intention to assert his Fifth Amendment right against self-incrimination.

In any event, Defendants will not be deprived of having Mr. Ambrose testify or assert his Fifth Amendment right against self-incrimination in front of the jury, the order says.

Read more at The Flint Journal:

Snyder asks for speedy 5th Amendment decision as delay causes issues in childrens Flint water trial

Five charged with Flint water crimes still plan to not testify in civil trial

3 charged with Flint water crimes have 5th Amendment concerns about testifying

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Former Flint EM expected to take the stand Tuesday but may refuse to answer questions - MLive.com