Published: June 25, 2008 08:00 pm      

Judge reverses decision on Meijer documents

Documents from case to be made public

TRAVERSE CITY -- The Michigan Court of Appeals won't hide its review of a case that could help determine if Meijer Inc. officials and attorneys will face criminal charges for illegally tampering with two Acme Township elections.

Appeals Court Judge Donald S. Owens reversed his May 29 decision to seal -- at Meijer's request -- the entire court file from public scrutiny. Owens last week ruled that some material will remain sealed, but the majority of documents, arguments and evidence will be public.

Grand Traverse County Prosecutor Alan Schneider challenged Owen's original decision to seal the file.

Schneider argued that less restrictive means were available to protect confidential investigative subpoenas that are part of the file, but are not central to the appeal.

Owens agreed and said information directly related to the subpoenas will remain sealed. He then gave Meijer 14 days to file amended briefs that would delete any protected material.

The appeal may be Schneider's only chance to pursue a criminal investigation of Meijer officials' illegal use of corporate funds to influence a 2007 Acme Township recall election and 2005 referendum on so-called big box stores.

In April, 13th Circuit Judge Philip Rodgers quashed investigative subpoenas issued by Schneider when he ruled state election law gives the Michigan secretary of state's office sole jurisdiction to investigate campaign finance violations and refer them to the state attorney general's office for prosecution.

Schneider maintains county prosecutors can pursue a criminal investigation of campaign finance violations and appealed Rodgers' decision to the higher court.

After the secretary of state fined Meijer Inc. $190,000 for its actions, the state attorney general refused to refer campaign finance act violations by individuals to Grand Traverse County for prosecution. Schneider disagrees with that decision, but said he won't fight Attorney General Mike Cox on the decision.

"My focus is on the appeal and I think I have a good chance of success," Schneider said.