(WXYZ) — Former Macomb County Prosecutor Eric Smith appeared in court via Zoom today for a pre-trial hearing in a state corruption case.
Smith has 10 charges against him, including embezzlement and running a criminal enterprise; he faces up to 20 years in prison. Smith had been in plea negotiations, but at the hearing today, attorneys said no plea agreement had been reached.
Oakland County Circuit Judge Nanci Grant said she plans to move forward scheduling dates in the case. She also said during the court hearing this morning that it will be a live trial in Macomb County with a Macomb County jury.
Judge Grant said she will also set a deadline for a possible plea ahead of the trial. It appears restitution may be an issue in plea negotiations. It came up during the hearing, and the judge said if a deal is made, she would hold a hearing on how much restitution would be.
The allegations are Smith misused some $600,000 in drug and alcohol forfeiture funds over several years and kept the money in off-book bank accounts.
Smith also pleaded guilty to a related federal charge of obstruction of justice and has been sentenced to 21 months in prison. His attorney said he will report to federal prison tomorrow on June 30.
Former chief assistant Macomb County Prosecutor Derek Miller pleaded guilty to a misdemeanor in June in exchange for his cooperation and testimony against his former boss.