Credibility Determinations Without Cross-Examination in Costantino v. Detroit (MI)

Wayne County Circuit Court Judge Timothy Kenny denied a preliminary injunction by making definitive credibility findings without an evidentiary hearing. He summarily dismissed sworn affidavits from multiple Republican poll challengers as “incorrect and not credible” while heavily crediting a single defense affidavit from Christopher Thomas, entirely bypassing the adversarial process of cross-examination. No live testimony was heard. Dozens of eyewitness accounts-submitted under penalty of perjury-were adjudicated on paper alone.