Flint Councilman “doesn’t know what he is doing”

On Friday, May 30th, the drunk driving trial of Flint councilman Eric Mays resumed. This trial, which has netted much media coverage as a result of the councilman’s decision to represent himself in court and his inexperience with court proceedings, has led to much frustration for all parties involved.

Mays has been repeatedly reprimanded by the Judge throughout the trial. At one point he took out his dentures to prove a point, and he has accused police officers of lying in their testimonies. Apparently the prosecution has made a few offers to settle the case, but Mays has not liked any of the proposed deals. Also, he claims to be considering asking for a mistrial, on the grounds that the presiding judge, Nathaniel C. Perry, has made certain rulings that Mays disagrees with.

During the most recent installment of the trial, Flint police Sgt. Michael Dumanois gave his testimony. Dumanois said that he was the first Flint police officer on the scene, dispatched to the scene by a 911 operator who had reported that the damaged car may be connected to an accident that had happened just 3 miles away within the Flint city limits. He said to Mays during the testimony, “Your words to me were that you were drinking Grey Goose and you were going to accept responsibility.”

Another Flint police officer, Steven Wheeler, also gave his testimony, stating that he had been the officer who carried out the Breathalyzer test done on Mays at the scene. According to Wheeler, May’s blood alcohol readings were 0.11 and 0.10 that night. In Michigan, the legal limit for a driver is a BAC of 0.8.

The police and prosecutor in this case are alleging that Mays crashed a rented car that he was driving on the night of November 30th last year, near a former Union Hall in Flint. After the accident, it is believed that he drove the car, with four missing or flat tires, the wrong way on I-475. Officers found him talking on the phone outside the vehicle, where it was parked on the side of the highway. He was attempting to change one of the flat tires.

When it was Mays’ turn to call witnesses, one of the people he called was Johnny Billings of Flint. However, Billings was only asked one question, which was whether or not he was driving Mays vehicle on the night the councilman was arrested for drunken driving. Billings claimed his Fifth Amendment right, protecting him against self-incrimination, and refused to answer the question.

No witnesses have claimed to have seen Mays actually driving the car, however, the police officers who arrested him that night say that he admitted to driving drunk that night. Mays says that he intends to call further witnesses who were “run away from the scene” by the police.

Mays defense strategy has it’s foundation on the fact that all of the charges were created as part of a scheme by his political enemies to get him to resign from office. He has had difficulty proving that fact thus far, however, as the judge has refused to allow him to call as witnesses political figures who do not directly relate to the case or the events on that night.

Mays and the Judge have been in disagreement from the start about a multitude of issues, not least of which is Mays’ conduct in court. On several occasions during cross-examination of the witnesses, the Judge told Mays to “Just have a seat and be quiet.” Later on, the judge slammed his fist on the bench, saying, “Please be quiet!”

Special prosecutor Michael Gildner objected repeatedly to May’s comments and questions to the witnesses in the trial, saying at one point that Mays “does not know process and doesn’t know what he’s doing in court.”

During his opening statement, Mays told the jury that he is doing his best to represent himself during this trial. “I don’t know all the rules of the attorneys or the courts, I know the truth!”

The trial is scheduled to continue on June 12th.

Flint Councilman Gets His Day in Court

Eric Mays, the Flint councilman who has been charged with drunk driving, has been engaged in a drunk driving trial in the Flint District Court that will be remembered for it’s eccentricities, if nothing else. Mays elected to represent himself in court, choosing to forgo the counsel of two separate attorneys prior to trial, much to the dismay of Judge Nathaniel Perry.

Mays chose not to make an opening statement to the jury, but did take the opportunity to berate the judge for undermining his ability to defend himself and “ripping the heart out of his strategy” by ruling that potential exhibits and witnesses Mays had hoped to include, were not relevant to the charges against him.

On numerous occasions throughout the trial, Mays has been called out by the judge, who warned of contempt charges, ordered him to “stop soap-boxing”, and told him that Mays just didn’t understand what the rules of a courtroom were. Such are the hazards of being your own defense attorney.

According to Genesee Township police reports, Mays was found at about 3 am on November 30th, talking on a cell phone next to the car he had been driving. The car was damaged, with a broken axle and fluid leaks, and was facing the wrong way on I-475. It had two flat tires and two missing tires. The Flint police were also called to the scene as the incident appeared related to a reported wrong-way driver and accident that had occurred in Flint.

Special Prosecutor Michael J. Gildner told jurors that Mays admitted to police officers that he had been drinking and driving that morning. This information was corroborated by two officers who later testified during the trial.

Former Genesee Township police Officer Alexander Knopp gave testimony, saying that Mays had initially been polite and cordial when police arrived at the scene, telling them that he had been celebrating his election. Officers noted that he had slurred speech and was rambling in his conversation, saying that he had “messed up” and needed help to keep the incident quiet.

However, when Flint police arrived a short time later and patted him down, Mays allegedly became angry and hostile, cursing at the officers. Mays challenged this testimony during cross-examination, along with the testimony of other officers who also testified at the trial.

A Flint Police sergeant, with 19-years of experience as a police officer, was also cross examined by Mays. The sergeant testified that she had observed him for 15 minutes prior to the administering of his Breathalyzer test. She stated that, with her experience, she was able to determine that he was “highly intoxicated” by his demeanor, mood swings, and agitation during the arrest.

Mays removed his dentures while cross examining the sergeant, asking if she had known that he wore dentures, and whether or not it was possible for dentures to affect a Breathalyzer test by providing a false reading.

The trial will continue on Friday, May 30th, at 9:30 am. Mays is facing five misdemeanor charges, which include drunk driving charges and possession of marijuana.

Councilman to Represent Himself in Court 

Eric Mays, a City Councilman, has chosen to represent himself in a Flint drunk driving case that started a few days ago on Tuesday, May 20th, in the 68th District Court. The charges against him include operating a vehicle while intoxicated, possession of marijuana, no proof of insurance, failure to report an accident and refusal to be fingerprinted.

The multiple misdemeanor charges all stem from an incident that occurred last year in November, when someone reported to police that Mays was driving drunk the wrong way down I-475 on four flat tires. Police found Mays just a few minutes later attempting to change a tire on a car with four flats.

However, representing yourself in court can be a disastrous decision for anyone not schooled and experienced in the law. When Mays declined an offer from attorney Nicholas Robinson to represent him in court, Judge Nathaniel C. Perry told him, “You are your own worst enemy! You don’t know what you’re doing!”

After Jury selection a week ago, the Judge ordered everyone to be in court the next day at 9:30 am in order to start hearing testimony. However, it was not a standard day in court for anyone. At one point the Judge warned Mays that he was “backing his way into contempt charges” and on several occasions he was warned to “stop the soap-boxing” when Mays refused to answer questions directly and instead began a tirade of his own. “You misunderstand the whole idea of court rules.” the Judge told him, “If you need help you should probably should ask for it.”

According to court records, Mays made several references during jury interviews to people who are willing to “put stuff in your drinks” and “cut tires”. He also asked confusing questions of the jurors and potential jurors on a number of occasions, all of whom told him they didn’t understand his questions.

Flint attorney Frank Manley initially filed an appearance to represent Mays in the case but withdrew that representation late last month. Nicholas Robinson, the attorney who offered to represent Mays on the first day in court, works at the Manley Firm as well. However, Mays stated that he didn’t need help from any attorneys, having “watched a lot of TV” about court cases, and so he felt prepared.

Mays stated during the proceedings that officials inside Flint City Hall have been engaged in a “grand conspiracy” to remove him from office since his election in 2013. The Judge was having none of it, stating that the case was “about whether or not you drank and drove. It’s not about a conspiracy against you!”

There is a well known adage that states “an attorney that represents himself in court has a fool for a client”. While it may sound harsh, there is a lot of truth behind it. The criminal justice system is incredibly complex and, for those who have not devoted their lives to practicing it, can be extremely confusing and difficult to understand.

While the law says that everyone has a right to represent themselves in court if they choose to, it is an ill-advised choice for most people. In the same way that you wouldn’t try to perform a heart transplant or spinal fusion surgery on yourself, you shouldn’t try to navigate the complexities of the legal system on your own.

At The Kronzek Firm, we have represented thousands of people against drunk driving charges all over the state of Michigan. If you are facing drunk driving or drugged driving charges, contact us immediately. We will provide you with the comprehensive and professional representation that you need.