LANSING — A defamation lawsuit filed by Oakland County Prosecutor Karen McDonald has exposed a bitter feud with Washtenaw County Prosecutor Eli Savit, both of whom are vying for the Democratic nomination for Michigan Attorney General. The lawsuit alleges that Savit’s campaign orchestrated a smear campaign using a 2023 Detroit News story to falsely suggest McDonald allowed campaign donations to influence a murder case review.
McDonald filed the suit February 4 in Ingham County Circuit Court against the Lakeshore Leaders Fund, a political action committee based in southwest Michigan. According to the lawsuit, the PAC received a significant influx of funds despite previously holding only $165.33, allegedly to undermine McDonald’s attorney general bid. The PAC disseminated text messages, mailers and content on a now-defunct website, www.whoiskarenmcdonald.com, and social media, claiming McDonald received “over $80,000 in connection with the review of a murder conviction.”
The materials referenced a May 23, 2023, Detroit News article detailing concerns raised by Genniver Jameel, the widow of murder victim Saif Jameel, regarding donations made to McDonald whereas she considered whether to vacate the first-degree murder sentence of Hayes Bacall. McDonald’s lawsuit asserts these claims are “completely and totally false, and were known to be false when made.”
A stipulated judgment was entered Tuesday, requiring the defendants to acknowledge the information was defamatory and pay $7,500 in damages. Ethan Holtz, McDonald’s attorney, stated, “The defendants have admitted their liability and stipulated to a judgment for damages and an injunction. We have traced both the false statements and the funding behind them directly to a campaign treasurer and paid consultant working for her political opponent Eli Savit. Anyone who publishes lies should expect to be held accountable in court.”
Savit’s campaign manager, Christy Jensen, denied any direct involvement by Savit, claiming a campaign member was terminated after the incident came to light. “Whereas neither our campaign nor Eli himself had anything to do with the mailer, Prosecutor McDonald’s decision to file a lawsuit in response to political speech calls into question her commitment to our First Amendment — particularly at a time where our federal government is seeking to quash any sort of dissent,” Jensen said in a statement. Jensen further asserted that Savit was unaware of the mailer and did not approve or fund it.
Jensen stated Savit attempted to contact McDonald to “mend fences” and refocus the campaign on issues, but McDonald responded by filing the lawsuit and issuing subpoenas, including one to a 23-year-old law student. Jensen criticized McDonald for “training legal firepower on young people for engaging in political criticism,” while maintaining the mailer’s core implication – that donations influenced McDonald’s decision – is common political discourse. Jensen cited examples of criticism leveled against the Trump administration over contributions from Matthew Moroun, owner of the Ambassador Bridge.
Holtz countered that Jensen’s statement omitted key details, stating the individual involved was Savit’s former student, paid by Savit’s PAC, served as treasurer for both his Attorney General and prosecutor campaigns, and remains the PAC’s treasurer. He accused Savit of failing to condemn the false accusations.
Attempts to reach the Lakeshore Leaders Fund, its treasurer Michael Fernandez, and Yasine Barrouche, a defendant in the stipulated judgment, were unsuccessful.
The dispute unfolds as McDonald and Savit prepare to compete for the Democratic nomination at the state party’s April 19 convention in Detroit. The case stems from the complex, 12-year-old murder of Saif Jameel, which involved an overturned conviction, reversed rulings, recanted testimony, and allegations of prosecutorial misconduct.
Hayes Bacall was initially convicted of first-degree murder and sentenced to life in prison for fatally shooting his nephew in 2010. After two witnesses, Samir Bacall and Slieman Bashi, recanted their trial testimony in 2022, Bacall’s defense sought to vacate his conviction and reduce the charge to second-degree murder.
Genniver Jameel, the victim’s widow, raised concerns in 2023 about donations made to McDonald by members of the Chaldean Chamber of Commerce and the victim’s relatives while the prosecutor considered lowering the charges against Bacall. McDonald denied any influence from the donations.
Pamella Szydlak, attorney for Jameel, noted the lawsuit and the 2023 Detroit News story only address part of her concerns, questioning why McDonald appeared on a podcast with a significant donor who was present during an interview where a witness recanted his testimony.
The case has also brought scrutiny to James Esshaki, a real estate developer and member of the Oakland County Road Commission, who organized fundraisers for McDonald and accompanied Samir Bacall during his recantation interview. Esshaki did not return calls seeking comment. Samir Bacall disconnected a call when asked about Esshaki’s presence.
The timeline of the case includes a 2017 ruling by the U.S. 6th Circuit Court of Appeals, which found the Michigan appellate court’s characterization of the evidence “inordinately generous” but ultimately upheld the conviction due to binding precedent.
David Gorcyca, McDonald’s former boss and later Bacall’s defense attorney, stated he had no involvement in the case when the witnesses recanted their testimony. He acknowledged donating to McDonald’s campaigns, a practice he described as common among defense attorneys.
Prosecutors maintain they are pursuing justice in the case, emphasizing the importance of the recanted testimony and the need to reopen the investigation. Assistant Prosecutor David Williams stated the office is aligned with the widow’s desire for a first-degree murder charge.
The Michigan Court of Appeals ruled December 23 that prosecutors may argue for the reinstatement of the first-degree murder charge, but no date has been set. Sufyan Bacall, another brother of the victim who was not called as a witness during the initial trial, has expressed his desire to testify, corroborating his brother Samir Bacall’s original claim that Hayes Bacall threatened to kill his nephew.