Laura Weber

The Michigan Supreme Court is faced with the question of whether a work of fiction can be used against the author if they are charged with a crime.  

A Bay County man was convicted of molesting his young granddaughter. Used against him during the trial was a fictionalized “sex manual” he wrote about incestuous sex between siblings and their father. 

Chief Justice Robert Young summed up the question before the court during today's hearing.  

“We’re now trying to determine the extent to which this incest fantasy is admissible, and why if it is.”   

Sylvia Linton is the prosecuting attorney. She says  the trial-court judge made a valid point about fictional works:

“Just because Sophocles wrote about incest doesn’t mean he would do that. Well that’s true, but if Sophocles was on trial for having incest with his mother, then I think it becomes extremely relative.”

To which Justice Stephen Markham asked:

 “So if Agatha Christie is charged with murder, the fact that she wrote several first-person stories about murder would be relevant as evidence?”   

The prosecutor says in some cases, yes, Agatha Christie’s stories could have been used against her.

The defense attorney says allowing works of fiction to be admitted as evidence would open the door for what could be used against a person, and prevent people from receiving fair trials.

The Supreme Court is expected to rule on the case later this year.

Governor Rick Snyder says he hopes to introduce legislation next week that would move forward with construction on a second bridge span between Detroit and Canada. A similar proposal has met stiff opposition for several years among Republicans in the Legislature. Snyder says it is time for another international crossing:

“Doing the new international trade crossing is the right thing to do. At the same time, when I did my analysis I believe there’s viable opportunity to have the Ambassador Bridge continue, the Windsor Tunnel, the Blue Water Bridge, and clear up at the Soo. We’ve got great crossings, we just need another crossing.”

Democrats in the Legislature say Snyder will need their votes to approve the bridge project. They say if the governor wants their support he will also need to work with them more during budget negotiations.

Lawmakers return next week from their spring break.

Governor Snyder, House Speaker Jase Bolger and Senate Majority Leader Randy Richardville say they have worked well together to approve many measures so far this year – including the expansion of power for emergency financial managers.

But one area they do not seem to agree on is how and where to reform taxes.

Richardville said "we actually have been disagreeing quite a bit," but he says those disagreements are fine because they are still listening to each other.

"It’s not about disagreement, it’s about passion. Everybody that got elected ran as hard as they could to get here, and is passionate about getting here," said Richardville, "but we have respect for the other passions in the room, so we’re going to get there."

Disagreement over taxing pensions

One area where they disagree is Governor Snyder’s proposal to tax pensions.

Snyder says he stands by his plan, even after receiving a cool reception from many Republican legislators:

"For higher income people, for people who have the wherewithal to say they’re also contributing to our system – I think that’s a fair answer. Because that’s the part of it that is, people shouldn’t just look at what they’re asked to give up, but when you look at where they’re ending up. Are they being treated fairly in respect to the other citizens in our state?”

Governor Snyder often stresses that low-income people on pensions would not be subject to painful tax increases.

Some Republicans state senators say there is no pension tax they would agree to, even one that only focuses on the very wealthy.

Democrats feel left out

Democratic lawmakers say they have been left out of negotiations so far.

Democratic state Senator Bert Johnson says many of the Republican proposals are the reason why thousands of angry people have protested at the Capitol in recent weeks.

"I think we would do well – all of us here in this Legislature – to realize what it being said out on the front steps of the Capitol, what is being said out on the lawns of the Capitol. I think these are not crazy people – these are people who have elected all of us. These are people who go out, and they vote, and they vote in numbers and they’re carrying their concerns to the Capitol."

Johnson says Democratic lawmakers have been ignored in much of the work that has been done so far. He says Snyder will soon find that he needs Democratic votes as he tries to approve parts of his tax plan that are unpopular with Republicans.

Governor Rick Snyder says he wants controversial social questions to take a back seat to taxes and job-creation. He says to do otherwise could create intense debates that enflame passions and sideline his efforts to fix Michigan’s economy.

But that has not stopped some of his fellow Republicans in the Legislature. They say GOP control of state government makes this the moment to tackle controversies surrounding abortion, gun control, illegal immigration, and medical marijuana.

Governor Rick Snyder meets up with his inner nerd every morning as he checks an electronic application that reminds him how much time is left before the budget deadline he set for the Legislature—May 31st.:

 “All I have to do is turn on my iPad and it shows me how many days and hours are left, and how many seconds…”

Snyder says he is singularly focused on completing the budget before that time on his iPad runs out. He has proposed massive cuts and tax reforms that would affect the budget. He says right now that should be the focus of everyone’s energy at the state Capitol. He’s finding some people – including Republicans – disagree. State Senator Rick Jones is one of those Republicans:

 “My job is looking at other issues that concern Michiganders."

Jones says the Legislature is working very hard on Snyder’s budget proposals and goals. But he says that does not mean lawmakers cannot and should not also work on social issues. As chairman of the Senate Judiciary Committee he recently took up and voted on a controversial abortion bill that is already covered by federal law. And he sponsored a measure that would add rules to the use of medical marijuana. Jones:

“The issues we take up, are issues where I could walk into any coffee shop in my district and the vast majority agree that it’s something we need to address."

Governor Rick Snyder will join House Speaker Jase Bolger and Senate Majority Leader Randy Richardville at a press conference tomorrow.

They plan to outline the progress they’ve made closing a $1.5 billion budget shortfall.

But it may be a little awkward, because Snyder still has not reached a deal with House Speaker Jase Bolger and Senate Majority Leader Randy Richardville on his plan for major tax reforms.

Snyder says he hopes the Legislature adopts his plan to tax pensions, and eliminate the business tax in favor of a corporate income tax on profits, but he says he is not pushing his plan too hard just yet.

"Well I’m not leaning on anyone," said Snyder. "I’m having a positive discussion, as I always like to have, about how we can work best together. And I think good partnership opportunities there, and we’re going to continue that dialogue. We’re making positive progress."

A House panel is debating tax plans similar to what Governor Snyder wants.

Leaders in the state Senate are talking about alternatives to Snyder’s plan.

So far, the budget plans include salary restraints on public employees and requiring them to pay more for their benefits.

Some lawmakers say members of the Legislature should take pay cuts and pay more of their benefits too.

But Governor Snyder is staying out of those salary debates.

"Well, we’re three branches of government, and I look at it as they take an opportunity for leadership in an area that affects them. We have more than enough to do in the executive branch."

Snyder has been criticized for paying salaries as large as $250,000 to some of his cabinet members.

Snyder is a self-made millionaire who takes an annual government salary of one dollar.

Update:

Michigan ranks 13th worst in the nation for bridge condition according to a new report released on national bridge conditions. The report says 1,400 bridges in Michigan are in critical condition and are deteriorating in some way.

Kirk Steudle is the director of the Michigan Department of Transportation. He says most bridges in Michigan are about 40 years old, and bridges are built to last 50 years.

“We take a slightly different approach with that 50 years, and say that with the right kind of maintenance and preventative maintenance, we can extend that life indefinitely.”

“Well, indefinitely to a point where there’s really nothing more financially responsible to do other than replace the bridge.”

“Our first and foremost responsibility is to make sure that the infrastructure that people are driving on, the bridges they’re driving on, are safe.”

“And if there is a condition that warrants it as immediately unsafe, the bridge will be closed immediately.”

“The bridges that are out there, that people are driving on right now, including all of us, are safe. If the bridge is open, the bridge is safe.”

“It’s been inspected by our bridge engineers, and we take that very seriously and if there’s something that needs to be taken out of service, it will be taken out of service immediately and fixed and adjusted.”

Representatives from Transportation for America, who released the study, say federal support is needed to fix a backlog of bridge issues. They say it will cost about 226 dollars per driver to make sure bridges remain safe and drivable.

Steudle and representatives from Transportation for America say they understand that there is a focus right now on less government spending. But, they say, safety needs to be a priority over budget cuts.

-Laura Weber

1:01 p.m.:

How many bridges do you cross in a day?

However many you cross, it is possible that some of those bridges might be part of the 13% of state bridges that are "structurally deficient."

In a survey of national statistics, the Associated Press found that Michigan came in with the 13th worst bridge statistics.

From the Detroit Free Press:

More than 13% of the state’s bridges are structurally deficient, a number that will only rise as thousands of spans statewide approach their expected 50-year life expectancy, transportation leaders said today.

With about 1,400 bridges ranked structurally deficient, Michigan ranks 13th worst in the nation in the number of bridges in poor condition, according to a report released this morning by Transportation for America, a national transportation advocacy group. The national average is 11.5%.

The average age of Michigan’s bridges is 41 years. The group said nationwide, it would cost $70 billion to upgrade deficient bridges. About 185,000 U.S. bridges are 50 or older, and that number could double by the year 2030.

This news comes on the heels of another big announcement about the long-awaited new Detroit-Windsor bridge, now known as the New International Trade Crossing (NITC).

From an MLive article from last Tuesday:

Governor Rick Snyder is expected, in the next two weeks, to submit a new bill to the Michigan legislature authorizing construction of the new Detroit-Windsor bridge, now called the New International Trade Crossing (NITC) in Lansing.

One of the most significant changes between Snyder’s NITC proposal and the DRIC bill that died in the state Senate last year is the removal of MDOT from the process.  A special authority established to govern the bridge replaces the state agency in the legislation. According to Crain’s Detroit’s Bill Shea, shifting control away from MDOT is seen as an effort to win support among GOP lawmakers.

The removal of MDOT from the equation is one of the significant changes between the NITC proposal and Detroit River International Crossing (DRIC) bill that stalled in the Michigan Senate in 2010.

Of course, what we really need is some kind of Michigan Acronym Awareness Association (MAAA).

-Brian Short, Michigan Radio Newsroom

State lawmakers have begun their two-week spring break, but many of them say they will still be in Lansing working on budget issues. That includes negotiating with Governor Rick Snyder on tax reforms.

Lieutenant Governor Brian Calley says he expects lawmakers to meet Governor Snyder’s May 31st deadline to complete work on the budget.

“Any time that we waste right now adds time on the back end, and we really owe all the constituencies who depend on state an answer before we get to the same type of timeframe that we’ve dealt with in the past. So, it’s not really fair to put these things off until fall or even late summer.”

Snyder has proposed a tax on pensions, a new corporate income tax to replace the Michigan Business Tax, and scaling back tax credits.

Calley told lawmakers that if they don’t like Snyder’s plan, they need to put something else on the table that will help end the budget deficit.

Republicans in the Senate are expected to unveil a plan that includes an expanded corporate income tax, and to hold off on taxing pensions.

A few hundred college students representing all of Michigan’s public colleges and universities rallied at the state Capitol today. They are protesting Governor Rick Snyder’s proposed budget cuts for higher education. Many students held signs with angry and sometimes profane messages aimed at Governor Snyder.

Cardi DeMonaco is president of the Student Association of Michigan. He says he hopes lawmakers pay attention to the concerns of students. 

"Yeah, I think they need to have just talk about this, not just cut and cut and cut, and then they’re going to have issues just keeping up the value of their education. He needs to talk to them and do things with the money they got and not cut it, and work together, and make education better, not just cut and expect them to become better by cutting.”

Snyder has proposed a 15% minimum cut for public colleges and universities. University presidents have said cuts that deep would mean tuition hikes. 

DeMonaco thinks the student voices will be heard, and lawmakers will find other areas in the budget to save, rather than through cuts to colleges and universities.

People who file for unemployment benefits next year would be eligible for fewer weeks of payments under a Republican measure approved by the state Senate. The Legislature must approve a jobless benefits package this week in order for the state to receive federal assistance for the program.

Thirty-five thousand Michiganders stand to lose their benefits if the legislature does not agree to the extension by April 1st. 

Democratic state Senator Tupac Hunter says Republicans are using the opportunity to undercut benefits for people who seek the payments in the future.

“This is 100 percent federally funded, we have an opportunity to address that today, and I think that we’ve chosen political games over helping our workers across this great state.”  

Republican state Senator Tom Casperson says the additional benefits would put too much strain on businesses. 

“Putting people into jobs is the way to fix the problem. But we don’t get there when every time we open our mouths we demonize the very job providers that are going to provide the jobs for us. This is trying to offer an opportunity for both sides; a safety net and add to the unemployment, and a fairness to the business people paying the bill.”

The bill was passed and now moves to the state House for final approval.

Many college students are expected to gather at the state Capitol tomorrow to protest Governor Rick Snyder’s proposal for deep budget cuts to public universities and colleges. The protesting students may have the support of their university presidents.  

Michigan State University President Lou Anna Simon says she hopes lawmakers listen to the concerns of students who show up to protest at the Capitol. She says student voices still matter, even if the movement does not sway lawmakers in the Republican-led Legislature.  

“What happens today, what happens in whether or not all these changes actually balance a budget and move to prosperity will affect their lives forever."

Simon says this is a great time for students to be a part of the democratic process, and learn as much from real life experience as they could in the classroom. She told lawmakers that most students surveyed at MSU say they want to live in Michigan after they graduate. But, she says, fewer than half think they will be able to stay and find jobs in the state.

The state’s budget director says Governor Rick Snyder’s proposal to tax pensions is necessary to keep young people in the state.   Budget Director John Nixon says the proposed tax will move Michigan into a sustainable future economy. 

“We’re the only state in the country to lose population in the last decade. And when you look at Michigan’s growth projections going forward, by 2030, 20 percent of our population’s going to be retired. And what that means long term for the state is you’re going to be pushing more of the burden on your working segment of the population.”

Democrats in the state Legislature want to voters to decide whether collective bargaining rights should be protected in the Michigan Constitution. But they will need a two-thirds majority in a Republican-led House and Senate to get the question on the ballot.   

State Senator Bert Johnson says without a constitutional amendment, collective bargaining rights are subject to change. 

Governor Rick Snyder says he respects the views of people protesting against his budget proposals. Many people have crowded the Capitol lawn this week to stand against Snyder’s plan to tax pensions. The governor says he understands their frustration, but he says a tax on pensions – done the right way – is only fair.

Two controversial measures have cleared the Michigan Legislature and will soon await Governor Snyder's signature.

One would repeal the law that requires store owners to put price tags on most items in their stores, and the other would grant sweeping power to emergency financial managers.

Republican Senate Majority Leader Randy Richardville says he agrees with Governor Rick Snyder that Michigan’s item pricing law is outdated, and it’s time to allow retailers to upgrade their systems.

"I've been a proponent for, I don’t know, most of my career I’d say," said Richardville.

Once signed into law, store owners will soon no longer be required to put price tags on almost every item on their shelves.

Richardville says removing price tags will not hurt customers or confuse seniors:

"I don’t think anybody’s trying to maliciously cheat senior citizens. I think if the market demands such, people will make it easy to see what the prices are. Whether it’s individual item pricing, or something different, I think the store owners are pretty responsive to their customers," said Richardville.

Democrats say price tags protect consumers from being overcharged in checkout lines.

The item pricing vote fell mostly along party lines, but that wasn’t the only partisan bill moving through the Legislature.

The Republican-led House also gave final approval to a proposal that gives more authority to emergency managers of cities, townships or school districts.

The legislation passed on party-line votes.

Democratic House Minority Leader Rick Hammel says there are many "union-busting" pieces to the emergency manager bills, including elimination of collective bargaining rights at the local level.

"And on top of that, doing away with contracts of other folks that are just doing business with the local unit of government, so a lot of things that are really problematic for us in this," says Hammel.

Democrats railed against the measure for eliminating collective bargaining rights for public employee unions.

Representatives for the labor movement say they will be at the Capitol all week protesting those and other Republican proposals.