A former top Macomb County prosecutor invoked his Fifth Amendment right during sworn testimony when questioned about a controversial judicial fundraising effort, according to court records in a lawsuit filed by activist Robert Davis.
The testimony, which became testy and hostile, came in a lawsuit that Davis filed against Wayne County and county commissioners Martha Scott and Alisha Bell.
Davis, who was working as a staffer for Scott, alleges the commissioner did not renew his county contract in 2023 in retaliation for trying to get several sitting judges, including Fresard’s wife, removed from the November 2022 ballot for failing to properly disclose on their campaign filings that they had no party affiliation, as required by state law. Davis also claims he was pushed out of his job for pursuing related campaign finance complaints, which he argues is protected by the First Amendment.
The lawsuit alleges that county officials and political operatives, including Fresard, coordinated to push Davis out because of that work.
One of those judges that Davis was trying to get removed is Fresard’s wife, Patricia Perez Fresard, the chief judge of Wayne County Circuit Court. The other judges are Fresard’s judicial colleagues, Sheila Ann Gibson and Kelly Ramsey.
Davis, who represented himself in the case, conducted the deposition of Fresard, who is not a defendant in the case but was interviewed as a nonparty witness. Fresard admitted he told Scott that Davis’s county contract should not be renewed, calling him “a cancer,” and said he urged elected officials to remove Davis from his county job.
During the election, the judges were raising money for attorneys after Davis tried to get them removed from the November 2022 ballot. Fresard, the former chief assistant prosecutor under Macomb County Prosecutor Pete Lucido, helped raise money to protect his wife and the two other Wayne County judges from being knocked off the ballot by creating a “Back the Bench” fundraising group. When asked whether the group had a separate bank account for its 2022 fundraisers, Fresard declined to answer, saying, “I’m taking the Fifth and declining to answer that.”
The questioning centered on the structure and handling of money raised by “Back the Bench.” Fresard held at least one fundraiser and distributed fundraising flyers for the judges, but he failed to register the group as required by state law and also violated a county ethics ordinance by working on the campaign during work hours, according to a complaint filed by Davis.
During the deposition, Fresard became defensive and combative. At several points, Fresard interrupted questions and accused Davis of using the deposition to harass him, objecting to inquiries about his role in campaign finance matters, and repeatedly insisting they had nothing to do with the lawsuit.
“You are harassing me,” Fresard said during the questioning, after demanding to know “what the hell” Davis’s questions about campaign finance activity had to do with the case.
Davis says Fresard’s deposition proves his lawsuit is “meritorious.”
“Obviously he feels like he has criminal culpability if he pleaded the Fifth,” Davis tells Metro Times. “Why would he plead the Fifth? Why would a sitting judge allow her husband to engage in such unlawful activities on her behalf? And the fact that he did do these unlawful things to have me terminated reflects his lack of ethics. And this is something that should be reviewed by the Attorney Grievance Commission.”
Davis alleges Fresard “used his position as the chief of staff to the Macomb County prosecutor to tortiously interfere with my contract.”
He adds, “All of this is because you had three judges who clearly violated the law and should not have been allowed to remain on the ballot. They used every favor they had to try to derail this lawsuit and to apply pressure on me and my former employer to fire me.”
Metro Times couldn’t reach Fresard for comment. When we reached out to Judge Fresard, Third Circuit Court spokesman Michael Scott said the court “does not comment on individual cases.”
“It speaks through its written orders,” Scott said in a statement.
Lucido’s office also declined to comment.
“We’re not aware of the matter you’re referencing and therefore do not have a comment to provide,” a Lucido spokesperson tells Metro Times.
When Fresard retired from the prosecutor’s office in late 2023, Lucido praised his work.
“Donn Fresard’s commitment to justice and reform has left an indelible mark on the Macomb County Prosecutor’s Office,” Lucido said in a statement. “He played a pivotal role in our pursuit of justice and accountability. Donn’s unwavering dedication to implementing ethical practices and ensuring adherence to office policies contributed to the goals and direction to restore integrity to the office.”
Davis’s allegations against the judges had merit. In September 2022, Court of Claims Judge Brock Swartzle ruled that Davis was correct when he alleged the judges failed to properly file their campaign paperwork. But Swartzle said the complaint was made too late.