By BRIAN McGILLIVARY
bmcgillivary@record-eagle.com
March 09, 2008 04:00 am TRAVERSE CITY -- Legal fallout from the text messaging scandal that's engulfed Detroit Mayor Kwame Kilpatrick could ripple its way into the probe of Meijer Inc.'s involvement in the recall attempt against the Acme Township board. The controversy swirling around Kilpatrick, who is being investigated for perjury for allegedly lying in a civil trial, highlighted a recent decision by the Michigan Supreme Court that changed the standard of proof for perjury in Michigan. That could impact some individuals who made sworn depositions in the lawsuit against Meijer by Acme Township Treasurer Bill Boltres, who sued the retail giant for malicious prosecution. The suit was settled in December. Lying under oath "in and of itself" constitutes perjury under the new ruling, said Peter Henning, a professor of law at Wayne State University and an expert in criminal law. Prior to the Supreme Court decision, a prosecutor would have to prove a lie made under oath was material to the case. "Now, even if the statement is extraneous to the subject matter of the lawsuit, any intentional false statement under oath is perjury," Henning said. Grand Traverse County Prosecutor Alan Schneider, who is investigating the involvement of Meijer and its officers in Acme Township elections in 2005 and 2007, said he wasn't aware of change. Henning said he wasn't either until the Kilpatrick scandal broke and was asked for comment by the media. Henning said Michigan probably is the only state in the nation that doesn't require a prosecutor to prove both a lie and that it had a direct impact on the case. Schneider said his focus is on determining if Meijer or its agents committed a felony by using Meijer's corporate funds to influence the recall election. Any other crimes brought to light also will be pursued, he said. When township officials asked Schneider to investigate, they turned over three video depositions that included Meijer attorney Timothy Stoepker and Acme Recall Committee treasurer Lewis Griffith. Township attorney Chris Bzdok said both Stoepker and Griffith in their depositions denied knowledge of Meijer's financial involvement in township elections. Documents from the Boltres case show both had contact with the public relations firm Meijer hired to run the failed recall drive. Stoepker also faces additional scrutiny after Detroit attorney Matthew Abel filed a complaint against him with the Michigan Attorney Grievance Commission, based on articles that appeared in the Record-Eagle on Dec. 23. "I received a response and they didn't dismiss it outright; they are investigating," Abel said. Stoepker could lose his law license if it's determined he lied to the court. "As a lawyer there is nothing worse that you can do than engage in conduct that involves misrepresentation to subvert the system of justice," said Michael Schwartz, a former chief prosecutor for the grievance commission. "I used to call it a capital offense."
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