Official: Michigan should have required Flint to treat water

WASHINGTON (AP) — Michigan's top environmental regulator says the state should have required the city of Flint to treat its water for corrosion after elevated lead levels were first discovered in the city's water a year ago.
Keith Creagh, director of the Michigan Department of Environmental Quality, said state officials "relied on technical compliance (with the law) instead of assuring safe drinking water." He called that a mistake.
In prepared testimony for a congressional hearing Wednesday, Creagh said the state did not require corrosion treatment after officials noticed elevated lead levels in the city's water in January 2015. The Associated Press obtained a copy of Creagh's testimony in advance of the hearing, the first on Capitol Hill since the lead contamination crisis in Flint erupted last year.
Flint switched its water source from Detroit's water system to the Flint River in 2014 to save money while under state financial management. The river water was not treated properly and lead from pipes leached into Flint homes.
While immediate treatment of the water was not required under federal law, "corrosion treatment should have been required by the MDEQ," said Creagh, who took over as head of the state agency last month following the resignation of Dan Wyant.

On Tuesday, Flint Mayor Karen Weaver told reporters she wants lead pipes removed from the city's water distribution system as soon as possible. She said she would like to start the pipe-removal process at the "highest-risk homes of kids under 6 and pregnant women."
Also, Michigan Gov. Rick Snyder's office told The Associated Press he will propose $30 million in state funding to help pay the water bills of Flint residents.
Creagh said all levels of government deserve blame in the Flint crisis.
City officials did not follow proper protocol in conducting lead sampling of homes, he said, and the U.S. Environmental Protection Agency "did not display the sense of urgency that the situation demanded."
A June 2015 memo by an employee in EPA's Midwest regional office was not formally delivered to state environmental officials until November — after the state had begun taking actions to address the lead problem, Creagh said.

"Legitimate concerns raised by EPA's own expert staff were not elevated or provided to either the city or the state for review and action until after the state's response was well underway," Creagh said.
Creagh and Joel Beauvais, acting chief of the EPA's water office, are among those scheduled to testify Wednesday before the House Oversight and Government Reform Committee.
Detroit schools emergency manager Darnell Earley, who was state-appointed emergency manager for Flint when its water source was switched, had been asked to testify at Wednesday's hearing but declined. The oversight committee issued a subpoena to Earley on Tuesday but his lawyer refused service, a committee staffer said.

The hearing comes as the FBI said it is working with a multi-agency team investigating the lead contamination in Flint.
FBI spokeswoman Jill Washburn told the AP in an email that the agency is "investigating the matter to determine if there have been any federal violations." She declined to say when the FBI got involved.
Officials haven't said whether criminal or civil charges might follow the investigation.
Several local, state and federal officials have resigned since doctors revealed last year that using the Flint River for the city's drinking water supply caused elevated levels of lead in some children's blood. Lead contamination has been linked to learning disabilities and other problems. Michigan's governor has apologized repeatedly for the state's role.
In addition to the FBI and the EPA, the federal team includes the U.S. Postal Inspection Service, said Gina Balaya, a U.S. attorney's spokeswoman in Detroit.

In November, the EPA announced it was auditing how Michigan enforces drinking water rules and said it would identify how to strengthen state oversight. The U.S. attorney's office in Detroit said in January that it was investigating the water crisis with the EPA.

An independent panel appointed by Snyder has determined that the state Department of Environmental Quality was primarily responsible for the water contamination. The Michigan Civil Rights Commission also plans to hold hearings to explore whether the civil rights of Flint residents were violated.
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Associated Press writer Mike Householder in Flint, Michigan, contributed to this report.

US Supreme Court lets Georgia execution go forward

JACKSON, Ga. (AP) — The U.S. Supreme Court turned down last-minute appeals from lawyers for Georgia's oldest death row inmate Tuesday night, allowing the execution of the 72-year-old man to go forward.
Brandon Astor Jones was originally scheduled to receive an injection of the barbiturate pentobarbital at 7 p.m. at the state prison in Jackson. He was convicted in the 1979 shooting of a suburban Atlanta convenience store manager, Roger Tackett.

In late Tuesday filings to the court, the lawyers asked the justices to block Jones' planned execution for either of two reasons: He is challenging Georgia's lethal injection secrecy law and also because he says his death sentence is disproportionate to his crime.
About 11 p.m., Justice Clarence Thomas denied the requests for a stay.
The Georgia Board of Pardons and Paroles, the only entity in Georgia authorized to commute a death sentence, on Monday declined to grant Jones clemency. On Tuesday, the Georgia Supreme Court rejected an appeal that claimed Jones' death sentence was disproportionate to the crime.

Also Tuesday, the 11th U.S. Circuit Court of Appeals declined to give a full-court hearing to a challenge to the constitutionality of the state's execution secrecy law. The law classifies as a confidential state secret the identity of any person or entity involved in an execution, including the drug producer.

According to evidence at his trial, Jones and another man, Van Roosevelt Solomon, were arrested at the Cobb County store by a policeman who had driven a stranded motorist there to use a pay phone about 1:45 a.m. on June 17, 1979. The officer knew the store usually closed at midnight and was suspicious when he saw a car out front with the driver's door open and lights still on in the store.

Through the front window, he saw Jones stick his head out of the storeroom door at the back of the store and look around before closing the door, prosecutors have said. The officer entered the store and drew his weapon after hearing four shots.
He yelled, "Police, come on out," and approached the storeroom when no one responded. He found Jones and Solomon just inside the storeroom door and took them into custody, prosecutors have said. Tackett's body was found inside the storeroom.

Tests showed each man had recently fired a gun or handled a recently fired gun. The cash drawer had been removed and was found wrapped in a plastic bag.
Jones was convicted in October 1979 and sentenced to death. A federal judge in 1989 ordered a new sentencing hearing because jurors had improperly been allowed to bring a Bible into the deliberation room. Jones was resentenced to death in 1997.
Solomon, who was also convicted and sentenced to death, was executed in Georgia's electric chair in February 1985.
2016-02-03 04:32:12 GMT

The Latest: Supreme Court denies stay of execution request

ATLANTA (AP) — The Latest on the execution of Georgia's oldest death row inmate, who's set to be put to death Tuesday (all times local):
11:15 p.m.
The U.S. Supreme Court has denied a stay of execution request for Georgia's oldest death row inmate.
Seventy-two-year-old Brandon Astor Jones was originally set to receive a lethal injection at 7 p.m. Tuesday at the state prison in Jackson. He was convicted in the 1979 shooting death of a suburban Atlanta convenience store manager.
Defense lawyers, in filings late Tuesday, had asked the justices to block Jones' execution for either of two reasons: a challenge to Georgia's lethal injection secrecy law and because he says his death sentence is disproportionate to his crime.
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8:20 p.m.
Lawyers for Brandon Astor Jones have made last-minute appeals before the U.S. Supreme Court asking to halt Jones' scheduled Tuesday evening execution for the 1979 killing of a store manager.
In defense filings to the court, the lawyers asked the justices to block Jones' execution for either of two reasons: he is challenging Georgia's lethal injection secrecy law and also because he says his death sentence is disproportionate to his crime. There was no immediate response from the court in Washington more than an hour after Jones' scheduled 7 p.m. execution time had passed. At 72, Jones is the oldest inmate on Georgia's death row.
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4 p.m.
Lawyers for a Georgia inmate facing scheduled execution want the state Supreme Court to reconsider its rejection of his appeal.
Seventy-two-year-old Brandon Astor Jones is scheduled to receive a lethal injection at 7 p.m. Tuesday. He was convicted in the 1979 shooting death of a convenience store manager.
Georgia's Supreme Court ruled 5-2 Tuesday to dismiss Jones' claim that his execution would be unconstitutionally "cruel and unusual and "an arbitrary and disproportionately severe sentence." The high court also denied Jones' request for a stay of execution.
But three of the votes to deny the request were made by Court of Appeals judges sitting in place of three absent Supreme Court justices.
Jones' lawyers say the Supreme Court has unique jurisdiction in death penalty cases. They are asking for reconsideration by all seven Supreme Court justices.
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1:15 p.m.
A federal appeals court has rejected a death row inmate's challenge to Georgia's law that shields the identity of the producer of its execution drug.
Inmate Brandon Astor Jones's scheduled to die Tuesday. His lawyers had asked the full 11th U.S. Circuit Court of Appeals to consider his challenge. They cited split opinions among the judges who sat on three-judge panels of the court that heard similar challenges.
The 11th Circuit voted 6-5 Tuesday to deny full-court consideration.
The majority opinion says Georgia's secrecy law does not violate Jones' due process right.
Dissenting opinions say the law prevents Jones from having the information he needs to show the state's lethal injection protocol risks being cruel and unusual punishment and, therefore, violates his due process right.
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12:40 p.m.
The Georgia Supreme Court has rejected an appeal from the state's oldest death row inmate, who's set to be executed Tuesday evening.
Seventy-two-year-old Brandon Astor Jones is scheduled to be put to death by injection of the barbiturate pentobarbital at 7 p.m. at the state prison in Jackson. He was convicted in the 1979 shooting death of a convenience store manager.
The Supreme Court ruled 5-2 to dismiss Jones' claim that his execution would be unconstitutionally "cruel and unusual and "an arbitrary and disproportionately severe sentence." The high court also denied Jones' request for a stay of execution.
Justices Robert Benham and Carol Hunstein dissented.
Another man convicted in the killing, Van Roosevelt Solomon, was executed in the state's electric chair in 1985.
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3 a.m.
Corrections officials in Georgia are preparing to execute the state's oldest death row inmate.
Brandon Astor Jones, who's 72, is scheduled to be put to death by injection of the barbiturate pentobarbital at 7 p.m. Tuesday at the state prison in Jackson. He was convicted in the 1979 shooting death of Cobb County convenience store manager Roger Tackett.
A federal judge in 1989 granted Jones a new sentencing hearing because jurors had improperly been allowed to bring a Bible into the deliberation room. He was resentenced to death in 1997.
Another man convicted in the killing, Van Roosevelt Solomon, was executed in the state's electric chair in 1985.
Jones is the first death row inmate set for execution this year in Georgia. The state executed five inmates last year.
2016-02-03 04:33:18 GMT

APNewsBreak: Snyder plans $30M credit for Flint customers

LANSING, Mich. (AP) — Michigan Gov. Rick Snyder will propose $30 million in state funding to help pay the water bills of Flint residents facing an emergency over the city's lead-contaminated water supply.
Snyder will brief Flint officials and pastors about the plan Wednesday and outline it to lawmakers next week as part of his 2016-2017 budget proposal, according to a statement the governor's office provided to The Associated Press.
The aid would cover the estimated portion of residential customers' utility bills for water that has been or will be used for drinking, cooking, bathing and washing hands. Customers would still be responsible for paying for water used to flush toilets, water lawns, wash clothes and other purposes.
"Flint residents will not have to pay for water they cannot drink," the Republican governor said in a statement to the AP late Tuesday. "My budget recommendation will include the request that the state make payments to the city's water system for residential bills going back to April 2014 and alleviate the need for residential water shutoffs."
Snyder has apologized for regulatory mistakes that caused Flint's water to become tainted with lead from old pipes after the city switched its supply source in 2014. His office estimates the $30 million Consumption and Consumer Use Credit — available because of a one-time $575 million budget surplus — would cover a two-year period from April 2014 until this spring, when officials hope the water supply is declared safe to consume again without filters.
An estimated 21,000 residential customers have continued paying their bills despite various water problems, while 9,000 have not, according to the Snyder administration.
The 21,000 customers, including those who have since moved away, would get a credit for 65 percent of the water portion of their combined water/sewer bill — the part of the bill Snyder's office estimates is used for water that could be ingested or come into contact with skin. The 9,000 residential customers in arrears would be put on a payment plan to catch up on sewer charges and 35 percent of their water fees, potentially over a period of years.
Businesses and other commercial customers would get a 20 percent credit for the water portion of their bill.
Sewer fees account for a little more than half of a typical Flint resident's bill. So a household that pays $150 a month could get a $46 monthly credit, or about $1,100 for 24 months of having water that has had a host of problems, not just lead-related. Residents complained about the smell, taste and appearance of the water. They also raised health concerns, reporting rashes, hair loss and other problems.
Marc Edwards, a Virginia Tech professor who helped expose the lead problem in September, said: "It's hard to find moral justification in having (residents) pay for water that is not suitable for consumption nor, until recently, for bathing. This essentially refunds all the money associated with consumption or consumer use. I think it's an amazing gesture of common sense and goodwill, and it corrects an injustice."
Snyder, who met with Flint pastors last week, had promised to present them a plan on unpaid bills within a week. He met with Republican leaders in the GOP-controlled Legislature on Tuesday to discuss the proposal, which will require lawmakers' approval.
Angela Wittrock, spokeswoman for Senate Democratic Leader Jim Ananich of Flint, said Snyder's plan "doesn't even come close to refunding Flint residents for undrinkable, unusable water they paid for starting in April 2014 — let alone what they then paid for water they could use. And in many homes the water is still not safe to drink."
Earlier Tuesday, Ananich criticized Snyder for an inadequate, slow response to the crisis, raising concerns about lead testing, water bills and a delay in helping children absorb less lead with nutritional programs.
Over the weekend, a civil lawsuit — at least the sixth filed so far — was initiated in federal court seeking compensatory and punitive damages and class-action status for approximately 30,000 customers who paid for or were billed for Flint water.
Snyder and legislators last week enacted $28 million in emergency Flint funding for the current fiscal year, including $3 million to help the Flint Utilities Department with unpaid bills. Snyder is expected to include other Flint-related funding in his 2016-2017 spending plan.
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San Diego settles harassment lawsuit against ex-mayor

 The city of San Diego on Tuesday agreed to pay $667,000 to former Mayor Bob Filner's executive assistant, who said her boss repeatedly tried to hug and kiss her, locked her in a kitchen and proposed sex on a conference table.The settlement, approved unanimously by the City Council one day after it was set for trial, marks the largest payout to any of the many women who accused Filner of unwanted advances during his eight-month stint as mayor. It surpasses the $250,000 the city paid Filner's communications director, whose disclosures sparked a major scandal that forced Filner to resign in August 2013.

Benelia Santos-Hunter, who had an adjoining office to the mayor, fought tears at a news conference as she thanked family, friends and city employees. "It was very, very difficult to speak up, but it was the right thing to do," she said.

Asked why she didn't speak up when Filner's behavior persisted, she said, "I needed a job."
City Attorney Jan Goldsmith said he anticipated San Diego will pay a total of about $1 million to settle Filner-related lawsuits. Four have been settled and two remain.

Nearly two dozen women publicly reported unwanted advances by the city's first Democratic mayor in two decades, fueling cries from national party leaders and others that he resign. The former congressman relented after weeks of pressure, facing a recall effort and the prospect of heavy legal fees.

Santos-Hunter's lawsuit in San Diego Superior Court alleges the harassment began in February 2013 when the mayor attempted to hug and kiss her and said, "You need me as your lover." The mayor allegedly made similar advances over several months in front of top aides, proposing sex and commenting on her body.
Filner allegedly locked Santos-Hunter in the office kitchen in May 2013 and asked to "make love." That same month, he is accused of putting her in a headlock and twice proposing sex on a conference table.
Goldsmith, whose office represented Filner as part of his agreement with the city to resign and appeared with Santos-Hunter at the news conference, said the former aide offered compelling evidence. Filner's personal attorney, Harvey Berger, didn't immediately respond to a request for comment.
Filner told Voice of San Diego in an interview published last month that he never sexually harassed anyone.
"When you look at what, quote, I was charged with, you know, it was, really, nothing illegal and it was just an attempt of the establishment to take back their city, which they did," he said in the interview.
2016-02-03 04:59:34 GMT

The Latest: Franklin Graham speaks with Oregon occupiers

PORTLAND, Ore. (AP) — The Latest on an armed group that took over buildings at a federal wildlife refuge in Oregon (all times local):

6:50 p.m.
The Rev. Franklin Graham has spoken with the remaining armed occupiers of a national wildlife refuge in Oregon.
The Oregonian reports ( http://bit.ly/1PTCRw2 ) that a spokesman for Graham confirmed that he communicated by phone with the four occupiers and federal officials.
Todd Shearer told the newspaper that Graham had no comment beyond that statement.
The last four occupiers of the Malheur National Wildlife Refuge had asked Graham to help them negotiate their departure. They have said they want assurances they won't be arrested.
Group leader Ammon Bundy and others remain behind bars following arrests. The standoff began Jan. 2 as a protest over federal land-use policy.
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5:50 p.m.
Leaders of the Oregon county where an armed group has been occupying a national wildlife refuge are rejecting calls that they resign.
In a statement Tuesday, Harney County said it was responding to demands from the Pacific Patriots Network, which has organized rallies in support of the occupation at the Malheur National Wildlife Refuge.
The statement said Judge Steve Grasty, Sheriff David Ward and two county commissioners would not step down.
The county statement also said the county lacked the authority to remove FBI personnel from federal lands, another demand by the PPN, "particularly in light of the continuing occupation of a federal facility."
Four occupiers remain at the refuge, the last remnants of a standoff that began Jan. 2 over federal land-use policies.
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5 p.m.
An Arizona man arrested in the occupation of the Oregon wildlife refuge remains in federal custody after a judge held off ruling on prosecutors' request to keep him detained as he awaits trial.
Jon Eric Ritzheimer of Peoria, Arizona, was a vocal presence in the occupation in Oregon before leaving to visit his family on Jan. 25. The FBI arrested him the next day in Arizona.
Ten others also have been arrested in the standoff that began Jan. 2 when an armed group opposed to federal land policy took over the Malheur National Wildlife Refuge.
Ritzheimer faces a federal felony charge in Oregon of conspiracy to impede federal officials in their official duties through the use of force, intimidation or threats.
Prosecutors said Tuesday that Ritzheimer's repeated rejection of federal authority makes him a flight risk and unsuitable for court-ordered supervision.
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1:30 p.m.
One of the men charged in the occupation of the Malheur National Wildlife Refuge can return home while his case goes through the court system.
U.S. District Court Judge Michael Mosman approved the conditional release of Joseph O'Shaughnessy. The judge said Tuesday that the government offered insufficient evidence that O'Shaughnessy was a risk to the community or wouldn't show up at future court dates.
Defense attorney Amy Baggio offered witness statements from Ammon Bundy and others that O'Shaughnessy disagreed with the armed occupation.
Baggio said her client went to the refuge daily to de-escalate the situation and act as a security buffer between the occupiers and law enforcement. She said his goal was to prevent another Waco.
Also Tuesday, Mosman delayed a decision on Pete Santilli's release from custody. The Internet radio host was among the eleven arrested so far in the standoff.
Santilli, like O'Shaughnessy, spent nights at a motel instead of the refuge. Government lawyers contend the Ohio man doesn't respect federal authority and won't return to Portland for court hearings.
They pointed to threatening statements he made against federal agents on his radio show. Santilli's lawyer countered that his client is a "shock jock," and it's his radio personality to amp things up.
Mosman said he can't judge the provocative comments without additional context. He scheduled a hearing for Thursday.
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1 p.m.
The four occupiers of a wildlife refuge in eastern Oregon aren't showing any sign that they are ready to leave in the latest interview with them.
The last holdouts gave an interview Monday with an Internet radio show.
One of them, David Fry, said they were waiting for people to come and support them.
Fry repeated the occupiers' concerns that if they left they would be arrested.
The standoff at the Malheur National Wildlife Refuge in eastern Oregon began Jan. 2 as a protest over federal land policy.
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12:15 p.m.
The jailed leader of an armed occupation of a national wildlife refuge in Oregon says "the land belongs to the people" and should be turned over to local authorities.
In a statement read Tuesday by his attorney, Mike Arnold, Ammon Bundy reiterated his calls for the four remaining occupiers at the Malheur National Wildlife Refuge in eastern Oregon to leave. He said that would allow federal and state authorities to also depart.
Bundy says county authorities should then take over the site, something local officials have said is impractical.
Bundy's statement tracks with a letter his father, Nevada rancher Cliven Bundy, sent to local authorities on Monday saying federal and state police should be removed from the area and the refuge should be placed under local control.
Bundy says he has been in solitary confinement for 23 hours a day and hasn't spoken with his father.
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10:20 a.m.
The leader of an armed group that took over an Oregon wildlife refuge will be staying in jail after a judge called off his court hearing.
Ammon Bundy's attorney requested more time to gather evidence, postponing a hearing scheduled Tuesday. Bundy wants to be allowed to return home to Idaho with a GPS monitoring device and orders that he not leave the state except for court appearances.
Bundy is among 11 people arrested for their roles in the occupation of the Malheur National Wildlife Refuge.
U.S. District Judge Michael W. Mosman will still consider Tuesday whether to release two other members of the group, Joseph O'Shaughnessy and Peter Santilli.
Four holdouts remain at the refuge. Bundy has asked them to go home.
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8:10 a.m.
A detention hearing is scheduled for late Tuesday afternoon in federal court in Phoenix for an Arizona man arrested in the occupation of the Oregon wildlife refuge.
Jon Eric Ritzheimer of Peoria, Arizona, has been jailed since the FBI arrested him Jan. 26 after he went to the Peoria Police Department and surrendered.
Ritzheimer faces a federal felony charge in Oregon of conspiracy to impede federal officials in their official duties through the use of force, intimidation or threats.
He is among 11 people arrested in the standoff that began Jan. 2 when a group opposed to federal land policy took over the Malheur National Wildlife Refuge.
A federal judge in Portland, Oregon, is expected to consider whether leader Ammon Bundy should remain in jail Tuesday as well.
Some holdouts remain at the refuge.
2016-02-03 02:58:21 GMT