Prosecutor: DePerno criminal investigation won't be done before Election Day
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A special prosecutor won’t wrap up a criminal investigation involving Matthew DePerno, the Republican candidate for attorney general, and others who sought to undermine the 2020 election before Tuesday’s midterm election.
DePerno has denied misconduct. But with polling pointing to a very tight race between the Kalamazoo lawyer and Democrat Attorney General Dana Nessel, it sets the stage for DePerno potentially winning his election and subsequently facing criminal charges.
Muskegon County Prosecutor DJ Hilson said Friday he needs more time to review allegations against DePerno; state Rep. Daire Rendon, R-Lake City; Barry County Sheriff Dar Leaf, and others accused of illegally accessing and tampering with election equipment after the contentious 2020 presidential contest.
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"Obtaining a complete picture of the facts and circumstances of the investigation is essential prior to determining the next step in this process," Hilson said in a statement announcing his decision.
"Given the complexities of this investigation, the time it takes to obtain and evaluate certain pieces of evidence is beyond our control. I understand the desire to have these important decisions made prior to the upcoming election. While my team will continue to diligently work with the Michigan State Police to move as quickly as possible, I will not sacrifice my ethical duty to make a fair and just decision, nor jeopardize the rights of any potential defendants by proceeding without all of the necessary evidence and information."
The Free Press has reached out to DePerno's campaign for comment
A joint investigation by the Michigan State Police and the Office of the Michigan Attorney General alleged DePerno, Rendon and Trump-affiliated local attorney Stefani Lambert Juntilla "orchestrated a coordinated plan to gain access to voting tabulators" used in the 2020 election from generally small, rural jurisdictions. Investigators say they were able to get equipment from several counties, subsequently taking them to separate locations for "tests."
DePerno rose to political prominence among Michigan Republicans thanks in large part to an unfounded election conspiracy lawsuit he filed in Antrim County after the 2020 election. He and his campaign suggest the investigation is a political ploy by Nessel to help her campaign.
More:Michigan attorney general race between Nessel, DePerno is state's closest contest
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Nessel's office announced the existence of the investigation in August, when it formally requested the appointment of a special prosecutor due to DePerno's alleged involvement in a potentially criminal scheme. Hilson, a Democrat who's worked as a prosecutor in Muskegon County for more than 20 years, was appointed as a special prosecutor in the case in September.
"Over the last several weeks a small team, including myself, have reviewed the very extensive and thorough investigation that involved special agents of the Attorney General’s Office and the Michigan State Police. While extensive, the investigation was incomplete because it stopped when the Attorney General’s conflict was discovered," Hilson said in his statement Friday.
"My office has been in ongoing meetings with the Michigan State Police to thoroughly review the investigation and facts of this case."
Although Nessel has mostly declined to comment about the investigation, her campaign and allies have repeatedly noted DePerno is the subject of a criminal inquiry. On Friday, she also repeated a previous attack regarding the Michigan Attorney Grievance Commission, a state entity that investigates the conduct of lawyers. DePerno previously revealed he was the subject of an investigation by the organization, and Nessel's office has confirmed referring multiple attorneys who brought election conspiracy lawsuits for possible punishment.
"They are brought to you courtesy of the Michigan Attorney Grievance Commission, which makes no effort to discipline attorneys who so flagrantly violate their oaths not to file frivolous lawsuits unsupported by law or fact," Nessel tweeted, referencing an election-related lawsuit she called "frivolous" brought by GOP secretary of state candidate Kristina Karamo.
A recent poll commissioned by the Free Press from EPIC-MRA, a Lansing-based company, showed Nessel leading DePerno by 6 percentage points. While this was outside the 4-percentage-point margin of error, other polls have shown a very close contest for much of the fall.
More:Voter guide for Michigan election 2022: Macomb, Oakland, Wayne counties
Polls open at 7 a.m. Tuesday and close at 8 p.m. All absentee ballots must be returned to local clerks by the time polls close in order for them to be counted.
Contact Dave Boucher at dboucher@freepress.com or 313-938-4591. Follow him on Twitter @Dave_Boucher1.
This article originally appeared on Detroit Free Press: DePerno criminal inquiry won't be done by Election Day, prosecutor says
