STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM
IN THE MATTER OF THE COMPLAINT AND PETITION
OF MARK BREWER AND GRETCHEN WHITMER FOR A
JUDICIAL INVESTIGATION CONCERNING THE POSSIBLE COMMISSION
OF CERTAIN CRIMES AND OFFENSES IN INGHAM AND OTHER
MICHIGAN COUNTIES, INCLUDING CONSPIRACY TO
DEFRAUD, PERJURY, CONSPIRACY TO COMMIT PERJURY,
SUBORNATION OF PERJURY AND OBSTRUCTION OF JUSTICE
/
COMPLAINT AND PETITION FOR
EXPEDITED INVESTIGATION BY A JUDICIAL OFFICER
Mark Brewer and Gretchen Whitmer, Complainants and Petitioners, concerned
citizens of the State of Michigan, hereby petition for an order for an expedited judicial
investigation (“one-person grand jury”) concerning the possible commission of certain
crimes and offenses within Ingham County, Calhoun County, Kent County, and perhaps
other counties in the State of Michigan, and on oath and after being first duly sworn, on
knowledge, information and belief, state:
I.
INTRODUCTION
There is probable cause to believe the following facts.
The Republican Speaker of the Michigan House of Representatives, James
“Jase” Bolger, conspired with Democratic Representative Roy Schmidt to have Schmidt
switch political parties, file to run in the Republican primary minutes before the primary
filing deadline, and have a fraudulent candidate file to run in the Democratic primary so
as to minimize the chance that a legitimate Democratic candidate could challenge
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Schmidt in the November general election. The object of their conspiracy was to
defraud the voters of the 76th House District of their fundamental right to vote freely for
the candidate of their choice. They pursued this conspiracy through illegal means –
perjury – persuading Matthew Mojzak, a naive and foolish young man, to file a false
affidavit of identity to run in the Democratic primary election. Their scheme to defraud
was so egregiously inept that it was uncovered within hours. They then denied their
complicity and sought to obstruct justice.
Complaints were filed and the actions of Jase Bolger, Roy Schmidt and their
co-conspirators were investigated by Kent County Prosecutor William Forsyth and by
the Michigan State Police. The State Police Investigation was opened on May 18,
2012, pursuant to a complaint from Elizabeth Lykins, and the subject matter of the
complaint was identified as, “Violation of Election Laws” and “Alleged election fraud.”
On July 17, 2012, Prosecutor Forsyth issued a press release at the conclusion of his
investigation. He concluded that, “Although this scheme by Rep. Schmidt and Speaker
Bolger was clearly designed to undermine the election and to perpetrate a ‘fraud’ on the
electorate, it was nonetheless legal.” This conclusion was based, according to
Prosecutor Forsyth, solely on his examination of Michigan Election law. While he also
concluded that Matthew Mojzak may have committed perjury, a criminal violation of the
Election Law, he concluded that Mojzak was a dupe and not culpable. It appears from
Prosecutor Forsyth’s press release and subsequent statements from him that his
investigation was confined only to the question of whether there had been any criminal
violations of the Michigan Election Law, not whether there had been violations of the
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Michigan Penal Code. Based on his conclusion that the Election Law had not been
violated, Prosecutor Forsyth directed the Michigan State Police to terminate their
investigation of the matter. (Exhibit 2, Forsyth 7/17/12 Press Release.)
The records of the investigation by the Michigan State Police have been
released as a result of requests made pursuant to the Michigan Freedom of Information
Act. (Exhibit 3, Press reports: Gongwer News Service, 8/14/12; MLive, 8/14/12; Detroit
Free Press, 8/15/12 and 8/20/12). These records reveal that at the time Prosecutor
Forsyth directed the termination of the investigation the police had thee search warrants
outstanding – for the cell phone records of Speaker Bolger and Representative Schmidt
and for Schmidt’s e-mail records. These search warrants were cancelled and some of
the evidence gathered in the case was destroyed. (Exhibit 4) These records reveal
that the Secretary of State’s office delayed in producing evidence regarding Matthew
Mojzak’s change of address and the role played in that by Roy Schmidt. Records of
Prosecutor Forsyth’s investigation revealed that State Department employee Kristi
Dougan had knowledge about the scheme to defraud. Her role and knowledge were
not investigated. The newly released records reveal that other persons appear to have
been involved in the scheme to defraud the electorate, including the Michigan
Republican Party and Representative Lisa Posthumous-Lyons, who acknowledges that
she was enlisted by Speaker Bolger to help ensure Mojzak’s silence. Their roles have
not been investigated. The records also reveal that Roy and Ryan Schmidt, in order to
control Matthew Mojzak’s disclosures, attempted to persuade Mojzak to be
represented, without cost to him, by James Brady, a white collar criminal defense
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attorney in the Grand Rapids office of Dykema Gossett, the firm which represents the
Michigan Republican Party. The records reveal that Brady represented Ryan Schmidt.
Finally, it is significant – and shocking – that these records reveal that neither Jase
Bolger nor Roy Schmidt were interviewed in connection with the Forsyth/MSP
investigation.
In response to media stories about the early termination of the Michigan State
Police investigation, Kent Count Prosecutor William Forsyth reiterated his earlier stated
position that he saw no need for further investigation because he had concluded that
there were no violations of the Michigan Election Law. (Exhibit 2)
The facts set forth in Prosecutor Forsyth’s press release and the facts
subsequently revealed by the records of the Michigan State Police demonstrate that
Prosecutor Forsyth’s focus on election law was too narrow. The facts demonstrate that
there is probable cause to believe that there was conspiracy to defraud, perjury,
conspiracy to commit perjury and subornation of perjury. There is probable cause to
believe that efforts to cover up the scheme constituted obstruction of justice. Serious
questions are also raised about the role of persons in the office of the Secretary of
State, both prior to the implementation of the scheme to defraud, and during the
investigation when there was a prolonged failure to provide evidence to the Michigan
State Police. Finally, there are questions raised about the participation by various
persons in efforts to obstruct the investigation. The facts set forth in this Complaint
and Petition demonstrate that there is a pressing need for further investigation.
In 2011, two persons were prosecuted in Oakland County, following an
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investigation by a one-person grand jury, for offenses in connection with false
statements on Affidavits of Identity filed by purported candidates, including perjury,
conspiracy and notary fraud.
If that situation warranted a 1-person grand jury, then the present situation
clearly does so, involving as it does several members of the State House of
Representatives, including the Speaker of the House, and the possible commission of
felonies.
II.
JURISDICTION AND AUTHORITY TO CONDUCT JUDICIAL INVESTIGATION
2.
This Court has jurisdiction to consider this Complaint and Petition, to order
a judicial investigation (“a one-person grand jury”), and to designate a judge to conduct
this investigation, pursuant to MCL 767.3, which provides, in relevant part, as follows:
Whenever by reason of the filing of any complaint, which may be upon information and
belief, or upon the application of the prosecuting attorney or attorney general, any judge
of a court of law and of record shall have probable cause to suspect that any crime,
offense or misdemeanor has been committed within his jurisdiction, and that any
persons may be able to give any material evidence respecting such suspected crime,
offense or misdemeanor, such judge in his discretion may make an order directing that
an inquiry be made into the matters relating to such complaint, which order, or any
amendment thereof, shall be specific to common intent of the scope of the inquiry to be
conducted, and thereupon conduct such inquiry. In any court having more than 1 judge
such order and the designation of the judge to conduct the inquiry shall be made in
accordance with the rules of such court. Thereupon such judge shall require such
persons to attend before him as witnesses and answer such questions as the judge
may require concerning any violation of law about which they may be questioned within
the scope of the order.
3.
The suspected crimes alleged in this Complaint and Petition were
committed in Ingham County, in Calhoun County, in Kent County, and perhaps in other
counties in the State of Michigan. A conspiracy can be investigated and prosecuted in
any county where acts in furtherance of the conspiracy occurred. Where a felony
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consists of or is culminated by 2 or more acts it can be investigated and prosecuted in
any county where any of the acts was committed. MCL 762.8.
4.
Pursuant to Ingham Circuit Court Local Rule 6.107, a Petition for a grand
jury shall be presented to the chief judge, and considered by the entire bench, and, if a
majority of the bench grants the Petition, the judge who shall act as the one-person
grand jury will be selected by blind draw.
III.
PERSONS INVOLVED IN THE CRIMINAL ACTIVITY AS PERPETRATORS OR
WITNESSES
5.
Roy Schmidt is a resident of Grand Rapids, Michigan, in Kent County. In
2008 and 2010 he was elected as a Democrat to the 76 th District of the Michigan House
of Representatives. As a State Representative, he has an office in the House Office
Building in Lansing, Ingham County.
6.
James “Jase” Bolger is a resident of Marshall, Michigan, in Calhoun
County. In 2008 and 2010 he was elected as a Republican to the 63 rd District of the
Michigan House of Representatives. In 2011 he was elected as Speaker of the House.
As Speaker of the House, he has an office in the Capitol Building, Lansing, Ingham
County.
7.
Philip Browne is, on information and belief, a resident of Delhi Township,
Ingham County, and is employed as the Deputy Chief of Staff in the office of Speaker of
the House James Bolger.
8.
Ryan Schmidt is a resident of Grand Rapids, Michigan, and the son of
Roy Schmidt.
9.
Matthew Mojzak is a resident of Grand Rapids, Michigan.
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10.
Other persons have been named in the investigations by the Kent County
Prosecutor or the Michigan State Police, including Kristi Dougan, an employee in the
office of the Secretary of State; the Michigan Republican Party headquartered in
Lansing, Ingham County, Michigan; Michigan Attorney General Bill Schuette whose
principal office is in Lansing, Ingham County, Michigan; and State Representative Lisa
Posthumous Lyons who has an office in Lansing, Ingham County, Michigan. The
activities of these persons and those named above require further investigation.
IV.
MICHIGAN ELECTION LAW REGARDING ELIGIBILITY TO RUN FOR OFFICE
11.
The Michigan Constitution, art 4, § 7, provides that to run as a candidate
for the Michigan Senate or House of Representatives a person must be an elector in
the district which he or she seeks to represent.
12.
MCL 168.161 provides that to run for office a person must be a qualified
elector of the district by the filing deadline.
13.
MCL 168.49 provides that to be a qualified elector a person must be a
resident for at least 30 days of the township, village or city where he registers.
14.
MCL 168.558(2) provides that in order to run in a primary election a
person must file an Affidavit of Identity, which identifies the candidate, his residence
address, the office he seeks, and his political party if it is a partisan election.
15.
The Affidavit of Identity requires the candidate to attest that he is
registered and qualified to vote at the address listed and contains a statement above
the signature line providing,
”I acknowledge that making a false statement in this affidavit is perjury – a
felony punishable by a fine up to $1,000.00 or imprisonment for up to 5
years, or both. (MCL 168.558, 933 and 936)”
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V.
FACTS CONCERNING THE CONSPIRACIES AND OTHER CRIMES
16.
On or about February 14, 2012, Roy Schmidt filed an Affidavit of Identity
to run in the August 7, 2012, Democratic primary for a third term as Representative for
the 76th House District. (Exhibit 5, Schmidt Democratic Affidavit of Identity, 2/14/12)
17.
At some time before May 3, 2012, Roy Schmidt and Jase Bolger, and
others not known to Complainants, agreed that Schmidt would change parties and file
to run in the August 7, 2012, Republican primary rather than in the Democratic primary.
18.
On or about May 3, 2012, Roy Schmidt signed the Affidavit of Identity to
run in the August 7, 2012, Republican primary for the position of Representative of the
76th House District. It appears that that action took place in Ingham County as
Schmidt’s signature was notarized by Michelle Lynn McQuiston, a ReceptionistSecretary in Jase Bolger’s Capitol Building office. (Exhibit 6, Schmidt Republican
Affidavit of Identity, 5/3/12)
19.
Roy Schmidt and Jase Bolger, and others currently unknown, further
agreed that Schmidt’s Affidavit of Identity to run in the Republican primary would not be
filed until May 15, 2012, the filing deadline, so that Democrats would be unaware that
he would not be running as a Democrat and would have no time to find a legitimate
Democratic candidate to run in the Democratic primary. (Exhibit 2, Forsyth Press
Release)
20.
Roy Schmidt and Jase Bolger, and others currently unknown to the
Complainants, further agreed that Schmidt would find a person to file an Affidavit of
Identity to run as a fraudulent candidate in the Democratic primary because having a
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person’s name printed on the Democratic primary ballot would make it far more difficult
for a legitimate Democratic candidate to run and win the primary as a write-in
candidate.
21.
The purpose of this conspiracy was to defraud the voters in the 76 th
House District of a legitimate electoral choice in the general election so as to ensure
that Roy Schmidt would be elected as a Republican.
22.
Until May 15, 2012, Roy Schmidt continued to solicit and accept
contributions in support of his candidacy as a Democrat, both to raise campaign funds
and to conceal his agreement to switch parties.
23.
At some time prior to May 13, 2012, Roy Schmidt solicited the assistance
of his son, Ryan Schmidt, in finding a person to file an Affidavit of Identity to be a
candidate in the Democratic primary for the position of Representative in the 76 th House
District. Roy Schmidt offered Ryan Schmidt $900 to find a person who would file as a
fraudulent candidate. (Exhibit 7, Report of MSP interview of Ryan Schmidt)
24.
On or about May 13, 2012, Ryan Schmidt offered Matthew Mojzak
$450.00 (half of the money offered to him by Roy Schmidt) to file as a candidate in the
Democratic primary for the 76th House District and Mojzak accepted the offer. (Exhibit
8, Report of MSP interviews of Matthew Mojzak, with transcript of Mojzak text
messages)
25.
Mojzak, a friend of Ryan Schmidt’s cousin, AJ Schmidt, was 22 years old,
the manager of a GNC store, and a part-time student. He was assured that his
“candidacy” would simply be a favor to Roy Schmidt, that he would not be a real
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candidate, and that he would be expected neither to raise money nor campaign.
26.
Prior to May 15, 2012, Matthew Mojzak was registered to vote at 14048
Windemere Drive NW, Grand Rapids, in Ottawa County. This was the home of his
parents where he had lived for approximately 21 years, and he had lived in Kent County
for only about one year. (Exhibit 9)
27.
On or about May 13 or 14, 2012, Roy Schmidt, Ryan Schmidt and
Matthew Mojzak agreed that Mojzak would change his address from 1351 Logan Street
SE in Grand Rapids, the address at which he was living, to 2758 Woodpath, Grand
Rapids, a house owned by his grandmother, Josephine Mojzak, who had moved from
that house to an assisted living facility. (Exhibit 8, Mojzak text messages, Exhibit 2,
Forsyth press release)
28.
The address on Logan Street, where Mojzak was living, was not in the
76th House District while the address on Woodpath was in the 76 th House District.
(Exhibit 2, Forsyth press release, Schmidt and Bolger text messages)
29.
On the morning of May 14, 2012, Roy Schmidt and Jase Bolger
exchanged text messages and phone calls regarding Schmidt’s party switch, which was
to occur the following day. Bolger asked Schmidt if he had found a Democrat to run in
his district and Schmidt replied that he would know later that day. Bolger told Schmidt
that he (Bolger) wanted to get the fake candidate’s paperwork so that they could “show
the GOP we’re all set.” Later that morning Schmidt called Bolger and told him Matthew
Mojzak would be at the secretary of state office with a new address. (Exhibit 2, Forsyth
Press Release, Bolger-Schmidt text messages)
30.
Bolger observed to Roy Schmidt that Mojzak would have to be able to say
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that he had been living at the address in the district for 30 days before the filing
deadline and Schmidt informed Bolger that for the past 30 days Mojzak had been living
at the Logan street address outside of the district. (Exhibit 2, Forsyth Press Release,
Bolger-Schmidt text messages)
31.
Notwithstanding the knowledge of both Roy Schmidt and Jase Bolger that
Mojzak had not been living at the Woodpath address in the district for the previous 30
days, on or about May 14, 2012, Schmidt, with the knowledge and agreement of Bolger,
prepared an Affidavit of Identity for Mojzak, which falsely states that Mojzak resides at
2758 Woodpath, falsely states that he has lived in Kent County for 22 years, and falsely
states that he is a registered and qualified elector at the Woodpath address. (Exhibit
10, Mojzak Affidavit of Identity)
32.
On the evening of May 14, 2012, Ryan Schmidt gave Matthew Mojzak
$100, the amount needed for the filing fee required of candidates running for office.
33.
On the morning of May 15, 2012, Roy Schmidt and Ryan Schmidt met
Matthew Mojzak at an office of the Secretary of State and Mojzak changed his driver’s
license address and voter registration to the 2758 Woodpath address. Roy Schmidt
knew that Mojzak was not living at that address. (Exhibit 8, Mojzak interviews)
34.
While he may have intended to move at some future time to the house at
2758 Woodpath, Mojzak had not moved there at the time he changed his driver’s
license address and voter’s registration to that address and did not move there until
sometime in mid-June, 2012. (Exhibit 8, Mojzak interviews)
35.
After changing his driver’s license address, Mojzak, acting at the direction
of Roy Schmidt, went to a post office to purchase a $100 money order with the $100
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which had been given to him for that purpose the previous evening by Ryan Schmidt.
36.
Mojzak, Roy Schmidt and Ryan Schmidt then went to a bank where, in the
presence of a notary, Mojzak signed the Affidavit of Identity which Roy Schmidt had
prepared.
37.
As Roy Schmidt, Jase Bolger, Ryan Schmidt and Matthew Mojzak knew,
Mojzak’s Affidavit of Identity contained the false and perjured statements that Mojzak
resided at 2758 Woodpath, that he was a registered and qualified elector at the
Woodpath address, and that he had lived in Kent County for 22 years.
38.
Roy Schmidt took Mojzak’s notarized Affidavit of Identity and the $100
money order for the filing fee to Lansing and delivered it to Phil Browne, Deputy Chief
of Staff to James Bolger, along with a letter dated May 15, 2012, to Susan deSteiguer,
Kent County Elections Director, withdrawing the Affidavit of Identity he had filed on
February 14, 2012. A copy of the letter is attached as Exhibit 11.
39.
On the afternoon of May 15, 2012, shortly before the 4:00 p.m. filing
deadline, Bolger’s agent and employee Phil Browne drove from Lansing to Grand
Rapids and filed the filing fee and three documents with the Kent County Elections
Director: Roy Schmidt’s May 15 letter withdrawing his February 14, 2012, Affidavit of
Identity to run as a candidate in the Democratic primary for the 76 th House District seat
(Exhibit 11; Roy Schmidt’s Affidavit of Identity to run as a candidate in the Republican
primary for the 76th House District seat (Exhibit 6); and Matthew Mojzak’s Affidavit of
Identity to run as a candidate in the Democratic primary for the 76 th House District seat
(Exhibit 10),
40.
Roy Schmidt’s last minute party switch, the filing for the Democratic
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primary by Matthew Mojzak, and the fact that the filings for both candidates were done
by an employee of Bolger resulted in an immediate inquiry by media organizations and
others into the identity of Mojzak and the circumstances of his political debut.
41.
When questioned by media, Roy Schmidt attempted to cover up his part
in the conspiracy and attempt to defraud by denying that he knew Mojzak.
42.
Because of this scrutiny, which he had apparently not anticipated, Mojzak
told Ryan Schmidt that he planned to withdraw his candidacy.
43.
When informed by Ryan Schmidt of Mojzak’s decision to withdraw, Roy
Schmidt told Ryan Schmidt to offer to pay Mojzak $1,000, instead of the previously
offered $450, if he would remain on the ballot, and on or about May 16, 2012, Ryan
Schmidt conveyed this offer to Mojzak. (Exhibits 7 and 8, Mojzak and Ryan Schmidt
interviews)
44.
On May 16, 2012, Roy Schmidt also offered $1,000 to Ryan Schmidt for
his help in the effort to recruit Mojzak and keep him on the ballot.
45.
On May 16, 2012, Roy Schmidt got a check for $2,000 from his campaign
committee account, made out to Ryan Schmidt, to make these two payments of $1,000
each and went to Mojzak’s place of employment with the intention of paying him to
continue his candidacy. When Mojzak reiterated his intention to withdraw, Roy
Schmidt asked him not to say anything to the media to contradict Schmidt’s statement
that he did not know Mojzak. (Exhibit 2, Forsyth press release)
46. On May 17, 2012, Matthew Mojzak withdrew his fraudulent candidacy.
(Exhibit 12)
47.
On May 17, 2012, and subsequent days, Jase Bolger, Roy Schmidt and
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Ryan Schmidt attempted to conceal their part in the conspiracy and attempt to defraud
by offering to Mojzak that he could be represented in the investigation which had
begun, at no expense to him, by James Brady, a noted criminal defense attorney from
the firm of Dykema Gossett which represents the Michigan Republican Party. Brady
was already representing Ryan Schmidt.
Providing and paying for an attorney to
represent Mojzak was part of their effort to control how he would respond to questions
about his role and the roles of the other conspirators. (Exhibits 7 and 8, Ryan Schmidt
and Mojzak interviews.) In addition, the records show that Speaker Bolger requested
Representative Lisa Posthumous-Lyons to help in insuring Matthew Mojzak’s silence.
48.
Records received from the Michigan Department of State pursuant to a
FOIA request reveal that Kristi Dougan, an employee of the Michigan Department of
State, was familiar with the persons involved in the conspiracy to defraud and was
contacted by at least one of them, sending an e-mail to a co-worker saying that she
couldn’t wait to hear what he “needed from her.” She has not yet been interviewed
about her knowledge. (Exhibit 13)
49.
The recently released files of the Michigan State Police investigation
reveal that Attorney General Bill Schuette, the state’s chief law enforcement officer,
called Roy Schmidt the day after his party switch. Schuette has declined a request to
have this matter investigated by the office of the Attorney General. He has not yet
been interviewed and the part he played, either before this scheme was concocted, or
in its sordid aftermath, has not been investigated. (Exhibit 14)
50.
The recently released files of the Michigan State Police investigation
reveal that Ed Kettle, Roy Schmidt’s Chief of staff until his party switch, was called on
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May 15, 2012, along with another staffer to a private Lansing office. While they were
there Roy Schmidt came to the office and told his staffers that he was switching parties.
(Exhibit 15)
51.
In his first Michigan State Police interview on May 21, 2012, Mojzak stated
that he met Roy Schmidt at the office of the Secretary of State on the morning of May
15, 2012, when he went to change his driver’s license address. That same day the
MSP detective contacted Secretary of State Investigator Walter Tremonti, and
requested a copy of the surveillance videotape from that SOS office. Tremonti asked if
this related to the Schmidt investigation and said that that had “stirred up a ‘bees nest in
the SOS administration.” Despite several follow up contacts, the videotape was not
given to the Michigan State Police by the Secretary of State office. The reason for this
delay and the possibility of obstruction of justice by the SOS administration have not
been investigated. (Exhibit 16)
VI.
THERE IS PROBABLE CAUSE TO BELIEVE THAT THESE CRIMES WERE
COMMITTED
1.
Conspiracy to Defraud
The Michigan Constitution, art 2, §4 provides that, “The legislature shall enact
laws to preserve the purity of elections, to preserve the secrecy of the ballot, to guard
against abuses of the elective franchise, and to provide for a system of voter
registration and absentee voting.”
The right to vote is a “fundamental political right” that is “preservative of all
rights.” In re Request for Advisory Opinion, 479 Mich 1 (2007). In McCarthy v
Austin, 423 F Supp 990 (1976), it was recognized that, “The right to vote freely for the
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candidate of one’s choice is the essence of a democratic society.”
The court further
recognized the fundamental importance of “statutes designed to elicit a modicum of
community support, prevent frivolous or fraudulent candidacies, and reduce voter
confusion.” (Emphasis added.)
Jase Bolger, Roy Schmidt, Ryan Schmidt and Matthew Mojzak (and possibly
others) conspired to defraud the citizens of the 76 th House District of their right to vote
freely for the candidate of their choice by agreeing to have Mojzak file a perjured
affidavit of identity to run as a fraudulent candidate in the August 7, 2012, Democratic
primary, and by assisting Mojzak in the filing of the perjured affidavit.
2.
Perjury
Chapter XXXV of the Michigan Election law sets forth offenses and penalties.
MCL 168.933, titled “perjury, definition,” provides:
A person who makes a false affidavit or swears falsely while under oath
under section 848 or for the purpose of securing registration, for the
purpose of voting at an election, or for the purpose of qualifying as a
candidate for elective office under section 558 is guilty of perjury.
Section 558 is the section of the election law which at 558(4) sets forth the
requirements for the Affidavit of Identity.
The Michigan Penal Code, at MCL 750.423, defines perjury as follows:
Any person authorized by any statute of this state to take an oath, or any
person of whom an oath shall be required by law, who shall willfully swear
falsely, in regard to any matter or thing, respecting which such oath is
authorized or required, shall be guilty of perjury, a felony, punishable by
imprisonment in the state prison not more than 15 years.
As set forth above, the Affidavit of Identity, prepared by Representative Schmidt, and
signed by Matthew Mojzak, falsely stated that Mojzak was a resident at 2758 Woodpath
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in Grand Rapids, falsely stated that he was a registered and qualified elector at that
address, and falsely stated that he had been a resident of Kent County for 22 years.
Matthew Mojzak committed perjury by signing the affidavit.
The Michigan Penal Code, at MCL 767.39, “Abolition of distinction between
accessory and principal,” provides as follows:
Every person concerned in the commission of an offense, whether he
directly commits the act constituting the offense or procures, counsels,
aids, or abets in its commission may hereafter be prosecuted, indicted,
tried and on conviction shall be punished as if he had directly committed
such offense.
There is probable cause to believe that Roy Schmidt, Ryan Schmidt and Jase Bolger
were all persons “concerned in the commission” of Mojzak’s perjury offense. There is
probable cause to believe that they procured it, counseled it, aided and abetted it.
They are, therefore, equally culpable and should be charged with the violation of law
committed by Mojzak as if they themselves had committed perjury.
3.
Conspiracy to Commit Perjury
The Michigan Penal Code, at MCL 750.157a, provides:
Any person who conspires together with 1 or more persons to commit an
offense prohibited by law, or to commit a legal act in an illegal manner is
guilty of the crime of conspiracy punishable as provided herein:
(Penalties set forth)
There is probable cause to believe that Roy Schmidt, Jase Bolger, Matthew Mojzak,
and Ryan Schmidt conspired together to have Matthew Mojzak commit perjury by filing
a false Affidavit of Identity. Others presently unknown to Complainants may have
participated in the conspiracy.
4.
Subornation of Perjury
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The Michigan Penal Code, at MCL 750.424, subornation of perjury, provides:
Any person who shall be guilty of subornation of perjury, by procuring
another person to commit the crime of perjury, shall be punished as
provided in the next preceding section. (The section defining perjury)
There is probable cause to believe that Roy Schmidt, Ryan Schmidt and Bolger
procured Matthew Mojzak to commit the crime of perjury and are, therefore, guilty of the
crime of subornation of perjury.
5.
Obstruction of Justice
Michigan law recognizes the common law crime of obstruction of justice. There is
probable cause to believe that Roy Schmidt, Jase Bolger, Ryan Schmidt and Lisa
Posthumous Lyons obstructed justice by seeking to conceal the facts from the public
and from authorities. There is also probable cause to believe that persons in the office
of the Secretary of State may also have obstructed justice by their interference with or
lack of cooperation with the investigation of the crimes discussed above.
WHEREFORE, this Complaint and Petition asks that this Honorable Court issue
an order to convene, in accordance with MCL 767.3 and Ingham County Circuit Court
Local Rule 6.107, a one-person grand jury, to conduct a judicial investigation into the
commission of the offenses set forth in this Complaint and related offenses, and require
the attendance of witnesses who may have knowledge of the commission of the
offenses, that their testimony may be taken under oath concerning their knowledge of
the commission of the offenses and the names of the guilty persons, in order that they
may be brought before the proper court or tribunal to be further dealt with as law and
justice may require.
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Mark Brewer
Complainant
Dated:
Subscribed and sworn to before me
on
Notary Public, acting in
Michigan
My commission expires:
Gretchen Whitmer
Complainant
Dated:
Subscribed and sworn to before me
on
Notary Public, acting in
Michigan
My commission expires:
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